News & Information

 

Visit us at the new www.wklawbusiness.com for all legal, business and health care products and services from Wolters Kluwer Law & Business

CCH® UNEMPLOYMENT INSURANCE — 9/13/13

Illinois amends its UI law on various subjects

Illinois has amended its Unemployment Insurance Act as follows:

Electronic funds transfer. The Director may, by regulation, provide that amounts due from an employer for contributions, payments in lieu of contributions, penalties, or interest be paid by an electronic funds transfer, including amounts paid on behalf of an employing unit by an entity representing the employing unit. The regulation will not apply to an employing unit until the Director notifies it of the regulation. Except as otherwise provided, where the employing unit, within 30 days of the date of service of the notice sent, notifies the Director that it declines to pay by electronic funds transfer, the regulation will not apply to the employing unit and will not apply with respect to any payment due after the date the employing unit so notifies the Director. The Director is authorized to provide reasonable penalties for employing units that are subject to and fail to comply with such a regulation. Any employing unit that is not subject to the regulation may elect to become subject to the regulation by paying amounts due for contributions, payments in lieu of contributions, penalties, or interest by an electronic funds transfer. Notwithstanding any other provision to the contrary, in the case of an entity representing five or more employing units, neither the entity nor the employing units (for as long as they are represented by that entity) will have the option to decline to pay by electronic funds transfer.

Directory of New Hires. Employers are no longer required to provide the employee’s projected monthly wages as part of its report of new hires.

Return receipts. Whenever any provision of the Act requires service by certified or registered mail, either a paper return receipt issued by the U.S. Postal Service or an electronic return receipt issued by the U.S. Postal Service will constitute proof of service.

Violations and penalties. An employing unit's or individual's willful filing of a fraudulent quarterly wage report will constitute a Class 4 felony if the amount of contributions owed with respect to the quarter is less than $300 and a Class 3 felony if the amount of contributions owed with respect to the quarter is $300 or more. An employing unit's or individual’s willful failure to honor a subpoena issued by the Department will constitute a Class 4 felony. If an individual or employing unit is a corporation, the president, secretary, treasurer, and any other officer exercising corresponding functions, will each be subject to the aforesaid penalties for the violation of any provisions of which he, she or they had or, in the exercise of his, her or their duties, ought to have had knowledge, not including the provisions regarding the filing of a fraudulent quarterly wage report or the willful failure to honor a subpoena.

Recording and release of lien. The Director may, in his or her discretion, for good cause shown and, effective July 1, 2014, upon the reimbursement of any recording fees paid by the Director with respect to the lien, issue a certificate of withdrawal of the notice of lien filed against any employer.