Illinois 2023-2024 Regular Session

Illinois House Bill HB4719 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0681
2	1		HB4719 EnrolledLRB103 36560 SPS 66667 b HB4719 Enrolled LRB103 36560 SPS 66667 b
3	2		HB4719 Enrolled LRB103 36560 SPS 66667 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Secure Choice Savings Program Act
8		-	is amended by changing Sections 60 and 85 as follows:
9		-	(820 ILCS 80/60)
10		-	Sec. 60. Program implementation and enrollment. Except as
11		-	otherwise provided in Section 93 of this Act, the Program
12		-	shall be implemented, and enrollment of employees shall begin
13		-	in 2018. The Board shall establish an implementation timeline
14		-	under which employers shall enroll their employees in the
15		-	Program. The timeline shall include the date by which an
16		-	employer must begin enrollment of its employees in the Program
17		-	and the date by which enrollment must be complete. The Board
18		-	shall adopt the implementation timeline at a public meeting of
19		-	the Board and shall publicize the implementation timeline. The
20		-	Board shall provide advance notice to employers of their
21		-	enrollment date and the amount of time to complete enrollment.
22		-	The enrollment deadline for employers with fewer than 25
23		-	employees and more than 15 employees shall be no sooner than
24		-	September 1, 2022. The enrollment deadline for employers with
25		-	at least 5 employees but not more than 15 employees shall be no
26		-	sooner than September 1, 2023. The provisions of this Section
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Secure Choice Savings Program Act
	7	+	5 is amended by changing Sections 60 and 85 as follows:
	8	+	6 (820 ILCS 80/60)
	9	+	7 Sec. 60. Program implementation and enrollment. Except as
	10	+	8 otherwise provided in Section 93 of this Act, the Program
	11	+	9 shall be implemented, and enrollment of employees shall begin
	12	+	10 in 2018. The Board shall establish an implementation timeline
	13	+	11 under which employers shall enroll their employees in the
	14	+	12 Program. The timeline shall include the date by which an
	15	+	13 employer must begin enrollment of its employees in the Program
	16	+	14 and the date by which enrollment must be complete. The Board
	17	+	15 shall adopt the implementation timeline at a public meeting of
	18	+	16 the Board and shall publicize the implementation timeline. The
	19	+	17 Board shall provide advance notice to employers of their
	20	+	18 enrollment date and the amount of time to complete enrollment.
	21	+	19 The enrollment deadline for employers with fewer than 25
	22	+	20 employees and more than 15 employees shall be no sooner than
	23	+	21 September 1, 2022. The enrollment deadline for employers with
	24	+	22 at least 5 employees but not more than 15 employees shall be no
	25	+	23 sooner than September 1, 2023. The provisions of this Section
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33		-	shall be in force after the Board opens the Program for
34		-	enrollment.
35		-	(a) Each employer shall establish a payroll deposit
36		-	retirement savings arrangement to allow each employee to
37		-	participate in the Program within the timeline set by the
38		-	Board after the Program opens for enrollment.
39		-	(b) Employers shall automatically enroll in the Program
40		-	each of their employees who has not opted out of participation
41		-	in the Program in the manner using the form described in
42		-	subsection (c) of Section 55 of this Act and shall provide
43		-	payroll deduction retirement savings arrangements for such
44		-	employees and deposit, on behalf of such employees, these
45		-	funds into the Program. Small employers may, but are not
46		-	required to, provide payroll deduction retirement savings
47		-	arrangements for each employee who elects to participate in
48		-	the Program. Utilization of automatic enrollment by small
49		-	employers may be allowed only if it does not create employer
50		-	liability under the federal Employee Retirement Income
51		-	Security Act.
52		-	(c) Enrollees shall have the ability to select a
53		-	contribution level into the Fund. This level may be expressed
54		-	as a percentage of wages or as a dollar amount up to the
55		-	deductible amount for the enrollee's taxable year under
56		-	Section 219(b)(1)(A) of the Internal Revenue Code. Enrollees
57		-	may change their contribution level at any time, subject to
58		-	rules promulgated by the Board. If an enrollee fails to select
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	34	+	1 shall be in force after the Board opens the Program for
	35	+	2 enrollment.
	36	+	3 (a) Each employer shall establish a payroll deposit
	37	+	4 retirement savings arrangement to allow each employee to
	38	+	5 participate in the Program within the timeline set by the
	39	+	6 Board after the Program opens for enrollment.
	40	+	7 (b) Employers shall automatically enroll in the Program
	41	+	8 each of their employees who has not opted out of participation
	42	+	9 in the Program in the manner using the form described in
	43	+	10 subsection (c) of Section 55 of this Act and shall provide
	44	+	11 payroll deduction retirement savings arrangements for such
	45	+	12 employees and deposit, on behalf of such employees, these
	46	+	13 funds into the Program. Small employers may, but are not
	47	+	14 required to, provide payroll deduction retirement savings
	48	+	15 arrangements for each employee who elects to participate in
	49	+	16 the Program. Utilization of automatic enrollment by small
	50	+	17 employers may be allowed only if it does not create employer
	51	+	18 liability under the federal Employee Retirement Income
	52	+	19 Security Act.
	53	+	20 (c) Enrollees shall have the ability to select a
	54	+	21 contribution level into the Fund. This level may be expressed
	55	+	22 as a percentage of wages or as a dollar amount up to the
	56	+	23 deductible amount for the enrollee's taxable year under
	57	+	24 Section 219(b)(1)(A) of the Internal Revenue Code. Enrollees
	58	+	25 may change their contribution level at any time, subject to
	59	+	26 rules promulgated by the Board. If an enrollee fails to select
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61		-	a contribution level using the form described in subsection
62		-	(c) of Section 55 of this Act, then he or she shall contribute
63		-	the default contribution rate of his or her wages to the
64		-	Program, provided that such contributions shall not cause the
65		-	enrollee's total contributions to IRAs for the year to exceed
66		-	the deductible amount for the enrollee's taxable year under
67		-	Section 219(b)(1)(A) of the Internal Revenue Code.
68		-	(d) Enrollees may select an investment option from the
69		-	permitted investment options listed in Section 45 of this Act.
70		-	Enrollees may change their investment option at any time,
71		-	subject to rules promulgated by the Board. In the event that an
72		-	enrollee fails to select an investment option, that enrollee
73		-	shall be placed in the investment option selected by the Board
74		-	as the default under subsection (c) of Section 45 of this Act.
75		-	If the Board has not selected a default investment option
76		-	under subsection (c) of Section 45 of this Act, then an
77		-	enrollee who fails to select an investment option shall be
78		-	placed in the life-cycle fund investment option.
79		-	(e) Following initial implementation of the Program
80		-	pursuant to this Section, at least once every year,
81		-	participating employers may shall designate an open enrollment
82		-	period during which employees who previously opted out of the
83		-	Program may enroll in the Program.
84		-	(f) (Blank). An employee who opts out of the Program who
85		-	subsequently wants to participate through the participating
86		-	employer's payroll deposit retirement savings arrangement may
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89		-	only enroll during the participating employer's designated
90		-	open enrollment period or if permitted by the participating
91		-	employer at an earlier time.
92		-	(g) Employers shall retain the option at all times to set
93		-	up a qualified retirement plan, including, but not limited to,
94		-	any type of employer-sponsored retirement plan, such as a
95		-	defined benefit plan or a 401(k), a Simplified Employee
96		-	Pension (SEP) plan, or a Savings Incentive Match Plan for
97		-	Employees (SIMPLE) plan, or to offer an automatic enrollment
98		-	payroll deduction IRA, instead of facilitating their
99		-	employees' having a payroll deposit retirement savings
100		-	arrangement to allow employee participation in the Program.
101		-	(h) An employee may terminate his or her participation in
102		-	the Program at any time in a manner prescribed by the Board.
103		-	(i) The Board shall establish and maintain an Internet
104		-	website designed to assist employers in identifying private
105		-	sector providers of retirement arrangements that can be set up
106		-	by the employer rather than allowing employee participation in
107		-	the Program under this Act; however, the Board shall only
108		-	establish and maintain an Internet website under this
109		-	subsection if there is sufficient interest in such an Internet
110		-	website by private sector providers and if the private sector
111		-	providers furnish the funding necessary to establish and
112		-	maintain the Internet website. The Board must provide public
113		-	notice of the availability of and the process for inclusion on
114		-	the Internet website before it becomes publicly available.
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117		-	This Internet website must be available to the public before
118		-	the Board opens the Program for enrollment, and the Internet
119		-	website address must be included on any Internet website
120		-	posting or other materials regarding the Program offered to
121		-	the public by the Board.
122		-	(Source: P.A. 102-179, eff. 1-1-22.)
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	70	+	1 a contribution level using the form described in subsection
	71	+	2 (c) of Section 55 of this Act, then he or she shall contribute
	72	+	3 the default contribution rate of his or her wages to the
	73	+	4 Program, provided that such contributions shall not cause the
	74	+	5 enrollee's total contributions to IRAs for the year to exceed
	75	+	6 the deductible amount for the enrollee's taxable year under
	76	+	7 Section 219(b)(1)(A) of the Internal Revenue Code.
	77	+	8 (d) Enrollees may select an investment option from the
	78	+	9 permitted investment options listed in Section 45 of this Act.
	79	+	10 Enrollees may change their investment option at any time,
	80	+	11 subject to rules promulgated by the Board. In the event that an
	81	+	12 enrollee fails to select an investment option, that enrollee
	82	+	13 shall be placed in the investment option selected by the Board
	83	+	14 as the default under subsection (c) of Section 45 of this Act.
	84	+	15 If the Board has not selected a default investment option
	85	+	16 under subsection (c) of Section 45 of this Act, then an
	86	+	17 enrollee who fails to select an investment option shall be
	87	+	18 placed in the life-cycle fund investment option.
	88	+	19 (e) Following initial implementation of the Program
	89	+	20 pursuant to this Section, at least once every year,
	90	+	21 participating employers may shall designate an open enrollment
	91	+	22 period during which employees who previously opted out of the
	92	+	23 Program may enroll in the Program.
	93	+	24 (f) (Blank). An employee who opts out of the Program who
	94	+	25 subsequently wants to participate through the participating
	95	+	26 employer's payroll deposit retirement savings arrangement may
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	106	+	1 only enroll during the participating employer's designated
	107	+	2 open enrollment period or if permitted by the participating
	108	+	3 employer at an earlier time.
	109	+	4 (g) Employers shall retain the option at all times to set
	110	+	5 up a qualified retirement plan, including, but not limited to,
	111	+	6 any type of employer-sponsored retirement plan, such as a
	112	+	7 defined benefit plan or a 401(k), a Simplified Employee
	113	+	8 Pension (SEP) plan, or a Savings Incentive Match Plan for
	114	+	9 Employees (SIMPLE) plan, or to offer an automatic enrollment
	115	+	10 payroll deduction IRA, instead of facilitating their
	116	+	11 employees' having a payroll deposit retirement savings
	117	+	12 arrangement to allow employee participation in the Program.
	118	+	13 (h) An employee may terminate his or her participation in
	119	+	14 the Program at any time in a manner prescribed by the Board.
	120	+	15 (i) The Board shall establish and maintain an Internet
	121	+	16 website designed to assist employers in identifying private
	122	+	17 sector providers of retirement arrangements that can be set up
	123	+	18 by the employer rather than allowing employee participation in
	124	+	19 the Program under this Act; however, the Board shall only
	125	+	20 establish and maintain an Internet website under this
	126	+	21 subsection if there is sufficient interest in such an Internet
	127	+	22 website by private sector providers and if the private sector
	128	+	23 providers furnish the funding necessary to establish and
	129	+	24 maintain the Internet website. The Board must provide public
	130	+	25 notice of the availability of and the process for inclusion on
	131	+	26 the Internet website before it becomes publicly available.
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	142	+	1 This Internet website must be available to the public before
	143	+	2 the Board opens the Program for enrollment, and the Internet
	144	+	3 website address must be included on any Internet website
	145	+	4 posting or other materials regarding the Program offered to
	146	+	5 the public by the Board.
	147	+	6 (Source: P.A. 102-179, eff. 1-1-22.)
	148	+	7 (820 ILCS 80/85)
	149	+	8 Sec. 85. Penalties.
	150	+	9 (a) An employer who fails without reasonable cause to
	151	+	10 enroll an employee in the Program within the time prescribed
	152	+	11 under Section 60 of this Act shall be subject to a penalty
	153	+	12 equal to:
	154	+	13 (1) $250 per employee for the first calendar year the
	155	+	14 employer is noncompliant; or
	156	+	15 (2) $500 per employee for each subsequent calendar
	157	+	16 year the employer is noncompliant; noncompliance does not
	158	+	17 need to be consecutive to qualify for the $500 penalty.
	159	+	18 The Department shall determine total employee count using
	160	+	19 the annual average from employer-reported quarterly data.
	161	+	20 (b) After determining that an employer is subject to a
	162	+	21 penalty under this Section for a calendar year, the Department
	163	+	22 shall issue a notice of proposed assessment to such employer,
	164	+	23 stating the number of employees for which the penalty is
	165	+	24 proposed under item (1) of subsection (a) of this Section or
	166	+	25 the number of employees for which the penalty is proposed
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	177	+	1 under item (2) of subsection (a) of this Section for such
	178	+	2 calendar year, and the total amount of penalties proposed.
	179	+	3 Upon the expiration of 120 days after the date on which a
	180	+	4 notice of proposed assessment was issued, the penalties
	181	+	5 specified therein shall be deemed assessed, unless the
	182	+	6 employer had filed a protest with the Department under
	183	+	7 subsection (c) of this Section or come into full compliance
	184	+	8 with the Program as required under Section 60 of this Act.
	185	+	9 If, within 120 days after the date on which it was issued,
	186	+	10 a protest of a notice of proposed assessment is filed under
	187	+	11 subsection (c) of this Section, the penalties specified
	188	+	12 therein shall be deemed assessed upon the date when the
	189	+	13 decision of the Department with respect to the protest becomes
	190	+	14 final.
	191	+	15 (c) A written protest against the proposed assessment
	192	+	16 shall be filed with the Department in such form as the
	193	+	17 Department may by rule prescribe, setting forth the grounds on
	194	+	18 which such protest is based. If such a protest is filed within
	195	+	19 120 days after the date the notice of proposed assessment is
	196	+	20 issued, the Department shall reconsider the proposed
	197	+	21 assessment and shall grant the employer a hearing. As soon as
	198	+	22 practicable after such reconsideration and hearing, the
	199	+	23 Department shall issue a notice of decision to the employer,
	200	+	24 setting forth the Department's findings of fact and the basis
	201	+	25 of decision. The decision of the Department shall become
	202	+	26 final:
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	213	+	1 (1) if no action for review of the decision is
	214	+	2 commenced under the Administrative Review Law, on the date
	215	+	3 on which the time for commencement of such review has
	216	+	4 expired; or
	217	+	5 (2) if a timely action for review of the decision is
	218	+	6 commenced under the Administrative Review Law, on the date
	219	+	7 all proceedings in court for the review of such assessment
	220	+	8 have terminated or the time for the taking thereof has
	221	+	9 expired without such proceedings being instituted.
	222	+	10 (d) As soon as practicable after the penalties specified
	223	+	11 in a notice of proposed assessment are deemed assessed, the
	224	+	12 Department shall give notice to the employer liable for any
	225	+	13 unpaid portion of such assessment, stating the amount due and
	226	+	14 demanding payment. If an employer neglects or refuses to pay
	227	+	15 the entire liability shown on the notice and demand within 10
	228	+	16 days after the notice and demand is issued, the unpaid amount
	229	+	17 of the liability shall be a lien in favor of the State of
	230	+	18 Illinois upon all property and rights to property, whether
	231	+	19 real or personal, belonging to the employer, and the
	232	+	20 provisions in the Illinois Income Tax Act regarding liens,
	233	+	21 levies and collection actions with regard to assessed and
	234	+	22 unpaid liabilities under that Act, including the periods for
	235	+	23 taking any action, shall apply.
	236	+	24 (e) An employer who has overpaid a penalty assessed under
	237	+	25 this Section may file a claim for refund with the Department. A
	238	+	26 claim shall be in writing in such form as the Department may by
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	249	+	1 rule prescribe and shall state the specific grounds upon which
	250	+	2 it is founded. As soon as practicable after a claim for refund
	251	+	3 is filed, the Department shall examine it and either issue a
	252	+	4 refund or issue a notice of denial. If such a protest is filed,
	253	+	5 the Department shall reconsider the denial and grant the
	254	+	6 employer a hearing. As soon as practicable after such
	255	+	7 reconsideration and hearing, the Department shall issue a
	256	+	8 notice of decision to the employer. The notice shall set forth
	257	+	9 briefly the Department's findings of fact and the basis of
	258	+	10 decision in each case decided in whole or in part adversely to
	259	+	11 the employer. A denial of a claim for refund becomes final 120
	260	+	12 days after the date of issuance of the notice of the denial
	261	+	13 except for such amounts denied as to which the employer has
	262	+	14 filed a protest with the Department. If a protest has been
	263	+	15 timely filed, the decision of the Department shall become
	264	+	16 final:
	265	+	17 (1) if no action for review of the decision is
	266	+	18 commenced under the Administrative Review Law, on the date
	267	+	19 on which the time for commencement of such review has
	268	+	20 expired; or
	269	+	21 (2) if a timely action for review of the decision is
	270	+	22 commenced under the Administrative Review Law, on the date
	271	+	23 all proceedings in court for the review of such assessment
	272	+	24 have terminated or the time for the taking thereof has
	273	+	25 expired without such proceedings being instituted.
	274	+	26 (f) No notice of proposed assessment may be issued with
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	285	+	1 respect to a calendar year after June 30 of the fourth
	286	+	2 subsequent calendar year. No claim for refund may be filed
	287	+	3 more than 1 year after the date of payment of the amount to be
	288	+	4 refunded.
	289	+	5 (g) The provisions of the Administrative Review Law and
	290	+	6 the rules adopted pursuant to it shall apply to and govern all
	291	+	7 proceedings for the judicial review of final decisions of the
	292	+	8 Department in response to a protest filed by the employer
	293	+	9 under subsections (c) and (e) of this Section. Final decisions
	294	+	10 of the Department shall constitute "administrative decisions"
	295	+	11 as defined in Section 3-101 of the Code of Civil Procedure. The
	296	+	12 Department may adopt any rules necessary to carry out its
	297	+	13 duties pursuant to this Section.
	298	+	14 (h) Whenever notice is required by this Section, it may be
	299	+	15 given or issued by mailing it by first-class mail addressed to
	300	+	16 the person concerned at his or her last known address or in an
	301	+	17 electronic format as determined by the Department.
	302	+	18 (i) All books and records and other papers and documents
	303	+	19 relevant to the determination of any penalty due under this
	304	+	20 Section shall, at all times during business hours of the day,
	305	+	21 be subject to inspection by the Department or its duly
	306	+	22 authorized agents and employees.
	307	+	23 (j) The Department may require employers to report
	308	+	24 information relevant to their compliance with this Act on
	309	+	25 returns otherwise due from the employers under Section 704A of
	310	+	26 the Illinois Income Tax Act and failure to provide the
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	321	+	1 requested information on a return shall cause such return to
	322	+	2 be treated as unprocessable.
	323	+	3 (k) For purposes of any provision of State law allowing
	324	+	4 the Department or any other agency of this State to offset an
	325	+	5 amount owed to a taxpayer against a tax liability of that
	326	+	6 taxpayer or allowing the Department to offset an overpayment
	327	+	7 of tax against any liability owed to the State, a penalty
	328	+	8 assessed under this Section shall be deemed to be a tax
	329	+	9 liability of the employer and any refund due to an employer
	330	+	10 shall be deemed to be an overpayment of tax of the employer.
	331	+	11 (l) Except as provided in this subsection, all information
	332	+	12 received by the Department from returns filed by an employer
	333	+	13 or from any investigation conducted under the provisions of
	334	+	14 this Act shall be confidential, except for official purposes
	335	+	15 within the Department or pursuant to official procedures for
	336	+	16 collection of penalties assessed under this Act. Nothing
	337	+	17 contained in this subsection shall prevent the Director from
	338	+	18 publishing or making available to the public reasonable
	339	+	19 statistics concerning the operation of this Act wherein the
	340	+	20 contents of returns are grouped into aggregates in such a way
	341	+	21 that the specific information of any employer shall not be
	342	+	22 disclosed. Nothing contained in this subsection shall prevent
	343	+	23 the Director from divulging information to an authorized
	344	+	24 representative of the employer or to any person pursuant to a
	345	+	25 request or authorization made by the employer or by an
	346	+	26 authorized representative of the employer.
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