1 | 1 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3110 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: 820 ILCS 405/1400 from Ch. 48, par. 550 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 adoption 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. LRB103 05058 SPS 50072 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3110 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: 820 ILCS 405/1400 from Ch. 48, par. 550 820 ILCS 405/1400 from Ch. 48, par. 550 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 adoption 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. LRB103 05058 SPS 50072 b LRB103 05058 SPS 50072 b A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3110 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 820 ILCS 405/1400 from Ch. 48, par. 550 820 ILCS 405/1400 from Ch. 48, par. 550 |
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4 | 4 | | 820 ILCS 405/1400 from Ch. 48, par. 550 |
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5 | 5 | | 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 adoption 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. |
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6 | 6 | | LRB103 05058 SPS 50072 b LRB103 05058 SPS 50072 b |
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7 | 7 | | LRB103 05058 SPS 50072 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | HB3110LRB103 05058 SPS 50072 b HB3110 LRB103 05058 SPS 50072 b |
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10 | 10 | | HB3110 LRB103 05058 SPS 50072 b |
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11 | 11 | | 1 AN ACT concerning employment. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Unemployment Insurance Act is amended by |
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15 | 15 | | 5 changing Section 1400 as follows: |
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16 | 16 | | 6 (820 ILCS 405/1400) (from Ch. 48, par. 550) |
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17 | 17 | | 7 Sec. 1400. Payment of contributions. |
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18 | 18 | | 8 (a) On and after July 1, 1937, contributions shall accrue |
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19 | 19 | | 9 and become payable by each employer for each calendar year in |
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20 | 20 | | 10 which he is subject to this Act, with respect to wages payable |
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21 | 21 | | 11 for employment occurring during the six months' period |
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22 | 22 | | 12 beginning July 1, 1937, and the calendar years 1938, 1939, and |
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23 | 23 | | 13 1940. For the year 1941 and for each calendar year thereafter, |
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24 | 24 | | 14 contributions shall accrue and become payable by each employer |
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25 | 25 | | 15 upon the wages paid with respect to employment after December |
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26 | 26 | | 16 31, 1940. Except as otherwise provided in subsection (b) and |
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27 | 27 | | 17 Section 1400.2, such contributions shall become due and shall |
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28 | 28 | | 18 be paid quarterly on or before the last day of the month next |
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29 | 29 | | 19 following the calendar quarter for which such contributions |
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30 | 30 | | 20 have accrued; except that any employer who is delinquent in |
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31 | 31 | | 21 filing a contribution report or in paying his contributions |
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32 | 32 | | 22 for any calendar quarter may, at the discretion of the |
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33 | 33 | | 23 Director, be required to report and to pay contributions on a |
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36 | 36 | | |
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37 | 37 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3110 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 820 ILCS 405/1400 from Ch. 48, par. 550 820 ILCS 405/1400 from Ch. 48, par. 550 |
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39 | 39 | | 820 ILCS 405/1400 from Ch. 48, par. 550 |
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40 | 40 | | 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 adoption 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. |
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41 | 41 | | LRB103 05058 SPS 50072 b LRB103 05058 SPS 50072 b |
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42 | 42 | | LRB103 05058 SPS 50072 b |
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43 | 43 | | A BILL FOR |
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48 | 48 | | |
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49 | 49 | | 820 ILCS 405/1400 from Ch. 48, par. 550 |
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53 | 53 | | LRB103 05058 SPS 50072 b |
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63 | 63 | | HB3110 LRB103 05058 SPS 50072 b |
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66 | 66 | | HB3110- 2 -LRB103 05058 SPS 50072 b HB3110 - 2 - LRB103 05058 SPS 50072 b |
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67 | 67 | | HB3110 - 2 - LRB103 05058 SPS 50072 b |
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68 | 68 | | 1 calendar month basis. Such contributions shall not be |
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69 | 69 | | 2 deducted, in whole or in part, from the wages of individuals in |
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70 | 70 | | 3 such employer's employ. If the Director shall find that the |
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71 | 71 | | 4 collection of any contributions will be jeopardized by delay, |
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72 | 72 | | 5 he may declare the same to be immediately due and payable. |
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73 | 73 | | 6 In the payment of any contributions, interest, or |
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74 | 74 | | 7 penalties, a fractional part of a cent shall be disregarded |
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75 | 75 | | 8 unless it amounts to one-half cent or more, in which case it |
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76 | 76 | | 9 shall be increased to one cent. |
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77 | 77 | | 10 The Director may by regulation provide that if, at any |
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78 | 78 | | 11 time, a total amount of less than $2 is payable with respect to |
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79 | 79 | | 12 a quarter, including any contributions, payments in lieu of |
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80 | 80 | | 13 contributions, interest or penalties, such amount may be |
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81 | 81 | | 14 disregarded. Any amounts disregarded under this paragraph are |
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82 | 82 | | 15 deemed to have been paid for all other purposes of this Act. |
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83 | 83 | | 16 Nothing in this paragraph is intended to relieve any employer |
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84 | 84 | | 17 from filing any reports required by this Act or by any rules or |
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85 | 85 | | 18 regulations adopted by the Director pursuant to this Act. |
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86 | 86 | | 19 Except with respect to the provisions concerning amounts |
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87 | 87 | | 20 that may be disregarded pursuant to regulation, this Section |
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88 | 88 | | 21 does not apply to any nonprofit organization or any |
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89 | 89 | | 22 governmental entity referred to in subsection B of Section |
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90 | 90 | | 23 1405 for any period with respect to which it does not incur |
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91 | 91 | | 24 liability for the payment of contributions by reason of having |
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92 | 92 | | 25 elected to make payments in lieu of contributions, or to any |
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93 | 93 | | 26 political subdivision or municipal corporation for any period |
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99 | 99 | | HB3110 - 2 - LRB103 05058 SPS 50072 b |
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102 | 102 | | HB3110- 3 -LRB103 05058 SPS 50072 b HB3110 - 3 - LRB103 05058 SPS 50072 b |
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103 | 103 | | HB3110 - 3 - LRB103 05058 SPS 50072 b |
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104 | 104 | | 1 with respect to which it is not subject to payments in lieu of |
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105 | 105 | | 2 contributions under the provisions of paragraph 1 of Section |
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106 | 106 | | 3 302C by reason of having elected to make payments in lieu of |
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107 | 107 | | 4 contributions under paragraph 2 of that Section, or to the |
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108 | 108 | | 5 State of Illinois or any of its instrumentalities. |
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109 | 109 | | 6 The Director may, by regulation, provide that amounts due |
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110 | 110 | | 7 from an employing unit for contributions, payments in lieu of |
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111 | 111 | | 8 contributions, penalties, or interest be paid by an electronic |
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112 | 112 | | 9 funds transfer, including amounts paid on behalf of an |
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113 | 113 | | 10 employing unit by an entity representing the employing unit. |
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114 | 114 | | 11 The regulation shall not apply to an employing unit until the |
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115 | 115 | | 12 Director notifies the employing unit of the regulation. Except |
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116 | 116 | | 13 as otherwise provided in this Section, where the employing |
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117 | 117 | | 14 unit, within 30 days of the date of service of the notice sent |
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118 | 118 | | 15 pursuant to this amendatory Act of the 98th General Assembly, |
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119 | 119 | | 16 notifies the Director that it declines to pay by electronic |
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120 | 120 | | 17 funds transfer, the regulation shall not apply to the |
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121 | 121 | | 18 employing unit. Except as otherwise provided in this Section, |
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122 | 122 | | 19 where the employing unit, within 30 days of the date of service |
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123 | 123 | | 20 of a notice sent pursuant to Section 1509 of this Act, notifies |
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124 | 124 | | 21 the Director that it declines to pay by electronic funds |
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125 | 125 | | 22 transfer, the regulation shall not apply to the employing unit |
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126 | 126 | | 23 with respect to any payment due after the date the employing |
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127 | 127 | | 24 unit so notifies the Director. The Director is authorized to |
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128 | 128 | | 25 provide by regulation reasonable penalties for employing units |
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129 | 129 | | 26 that are subject to and fail to comply with such a regulation. |
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134 | 134 | | |
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135 | 135 | | HB3110 - 3 - LRB103 05058 SPS 50072 b |
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138 | 138 | | HB3110- 4 -LRB103 05058 SPS 50072 b HB3110 - 4 - LRB103 05058 SPS 50072 b |
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139 | 139 | | HB3110 - 4 - LRB103 05058 SPS 50072 b |
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140 | 140 | | 1 Any employing unit that is not subject to the regulation may |
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141 | 141 | | 2 elect to become subject to the regulation by paying amounts |
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142 | 142 | | 3 due for contributions, payments in lieu of contributions, |
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143 | 143 | | 4 penalties, or interest by an electronic funds transfer. |
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144 | 144 | | 5 Notwithstanding any other provision to the contrary, in the |
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145 | 145 | | 6 case of an entity representing 5 or more employing units, |
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146 | 146 | | 7 neither the entity nor the employing units (for as long as they |
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147 | 147 | | 8 are represented by that entity) shall have the option to |
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148 | 148 | | 9 decline to pay by electronic funds transfer. |
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149 | 149 | | 10 (b) For an annual administrative fee not to exceed $100, |
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150 | 150 | | 11 an employer subject to the payment of contributions may pay |
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151 | 151 | | 12 its quarterly contributions due for wages paid during the |
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152 | 152 | | 13 first 3 quarters of a calendar year in equal installments as |
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153 | 153 | | 14 follows: |
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154 | 154 | | 15 (1) For contributions due for wages paid during the |
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155 | 155 | | 16 first quarter of that calendar year, one-fourth of the |
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156 | 156 | | 17 contributions due must be paid on or before April 30 of |
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157 | 157 | | 18 that calendar year, one-fourth must be paid on or before |
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158 | 158 | | 19 July 31 of that calendar year, one-fourth must be paid on |
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159 | 159 | | 20 or before October 31 of that calendar year, and one-fourth |
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160 | 160 | | 21 must be paid on or before January 31 of the succeeding |
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161 | 161 | | 22 calendar year. |
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162 | 162 | | 23 (2) In addition to the payments specified in paragraph |
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163 | 163 | | 24 (1) above, for contributions due for wages paid during the |
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164 | 164 | | 25 second quarter of that calendar year, one-third of the |
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165 | 165 | | 26 contributions due must be paid on or before July 31 of that |
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171 | 171 | | HB3110 - 4 - LRB103 05058 SPS 50072 b |
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174 | 174 | | HB3110- 5 -LRB103 05058 SPS 50072 b HB3110 - 5 - LRB103 05058 SPS 50072 b |
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176 | 176 | | 1 calendar year, one-third must be paid on or before October |
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177 | 177 | | 2 31 of that calendar year, and one-third must be paid on or |
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178 | 178 | | 3 before January 31 of the succeeding calendar year. |
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179 | 179 | | 4 (3) In addition to the payments specified in |
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180 | 180 | | 5 paragraphs (1) and (2), for contributions due for wages |
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181 | 181 | | 6 paid during the third quarter of that calendar year, |
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182 | 182 | | 7 one-half of the contributions due must be paid on or |
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183 | 183 | | 8 before October 31 of that calendar year, and one-half must |
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184 | 184 | | 9 be paid on or before January 31 of the succeeding calendar |
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185 | 185 | | 10 year. |
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186 | 186 | | 11 (4) The annual administrative fee assessed for |
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187 | 187 | | 12 electing to pay under this subsection for a calendar year |
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188 | 188 | | 13 shall be due and payable on or before April 30 of that |
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189 | 189 | | 14 calendar year and shall be deposited into the Special |
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190 | 190 | | 15 Administrative Account. |
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191 | 191 | | 16 Interest shall not accrue on any contribution that becomes |
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192 | 192 | | 17 due for wages paid during the first 3 quarters of a calendar |
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193 | 193 | | 18 year if the employer elects to utilize the provisions of this |
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194 | 194 | | 19 subsection and pays its contributions and administrative fee |
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195 | 195 | | 20 in accordance with paragraphs (1) through (4). If an employer |
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196 | 196 | | 21 elects to utilize the provisions of this subsection but fails |
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197 | 197 | | 22 to pay its contributions when due in accordance with |
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198 | 198 | | 23 paragraphs (1) through (4), interest shall accrue as of the |
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199 | 199 | | 24 date that such payment was originally due without regard to |
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200 | 200 | | 25 this subsection. |
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201 | 201 | | 26 The Director may adopt such rules as he or she deems |
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207 | 207 | | HB3110 - 5 - LRB103 05058 SPS 50072 b |
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210 | 210 | | HB3110- 6 -LRB103 05058 SPS 50072 b HB3110 - 6 - LRB103 05058 SPS 50072 b |
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211 | 211 | | HB3110 - 6 - LRB103 05058 SPS 50072 b |
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212 | 212 | | 1 necessary to carry out the provisions of this subsection. |
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213 | 213 | | 2 The provisions of this subsection shall not be in effect |
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214 | 214 | | 3 for a calendar year if, as of January 1 of that calendar year, |
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215 | 215 | | 4 there are bonds outstanding pursuant to the Illinois |
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216 | 216 | | 5 Unemployment Insurance Trust Fund Financing Act. |
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217 | 217 | | 6 (Source: P.A. 98-107, eff. 7-23-13.) |
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223 | 223 | | HB3110 - 6 - LRB103 05058 SPS 50072 b |
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