AUTHORITY: Implementing and authorized by Sections 210, 229, 409, 605, 700, 1700, 1701, 1706, 2700, 2701, and 2702 of the Unemployment Insurance Act [820 ILCS 405].

SOURCE: Illinois Department of Labor, Bureau of Employment Security, Regulation 20, filed as amended September 30, 1969, effective October 10, 1969; Regulation 29, filed as amended June 23, 1977, effective July 3, 1977; rules repealed by operation of law October 1, 1984; new rules adopted at 9 Ill. Reg. 17785, effective October 31, 1985; amended at 35 Ill. Reg. 6108, effective March 25, 2011; amended at 43 Ill. Reg. 6379, effective May 14, 2019.

SUBPART A: GENERAL PROVISIONS

 

Section 2714.10  Definitions

 

All other terms used in this Part shall have the meaning set forth in Sections 200 through 247 of the Unemployment Insurance Act, unless the context clearly requires otherwise.

 

"Act" means the Unemployment Insurance Act [820 ILCS 405].

 

            "Agent State" means any state in which an individual files a claim for benefits from another state.

 

            "Agency" means any officer, board, commission or other authority charged with the administration of the unemployment insurance law of a participating jurisdiction.

 

            "Benefits" means the compensation payable to an individual, with respect to his or her unemployment, under the unemployment compensation law of any state.

 

            "Interested Jurisdiction" means any participating jurisdiction to which an election submitted under this Part is sent for its approval; and "interested agency" means the agency of a participating jurisdiction.

 

            "Interstate Benefit Payment Plan" shall have the meaning set forth in Section 409(J) of the Act.

 

            "Interstate Claimant" means an individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state.  The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state.  However, if such an individual requests to be considered an interstate claimant, the request shall be granted by Illinois as a liable state.

 

            "Jurisdiction" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Canada or, with respect to the federal government,  any federal unemployment insurance program.

 

            "Liable State" means any state against which an individual files, through another state, a claim for benefits.

 

            "Participating Jurisdiction" means a jurisdiction whose administrative agency has subscribed to the Interstate Reciprocal Coverage Arrangement, which implements Section 3304(a)(9)(A) of the Federal Unemployment Tax Act (26 USC 3304(a)(9)(A)) and is authorized by 820 ILCS 405/2700A and B, and whose adherence to the Arrangement has not terminated.

 

            "Services Customarily Performed by an Individual in More Than One Jurisdiction" means services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if the services are required or expected to be performed in more than one jurisdiction under the election.

 

            "State" shall have the meaning set forth in Section 409(J)(3) of the Act.

 

            "Week of Unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to that week are claimed.

 

(Source:  Amended at 35 Ill. Reg. 6108, effective March 25, 2011)

SUBPART B: INTERSTATE BENEFIT PAYMENTS

 

Section 2714.200  Application

 

This Subpart shall govern the Department of Employment Security in its administrative cooperation with other States subscribing to the Interstate Benefit Payment Plan.

 

Section 2714.205  Registration For Work

 

a)         Each interstate claimant shall be registered for work through any public employment office in the agent State when and as required by the law, regulations, rules or procedures of the agent State.

 

b)         Each agent State shall duly report to the liable State whether each interstate claimant meets the registration for work requirements of that agent State, as determined in accordance with the law of the agent State. Illinois, as an agent State, shall determine the registration for work requirements in accordance with the provisions of 56 Ill. Adm. Code 2865.100(a)(1).

 

(Source:  Amended at 43 Ill. Reg. 6379, effective May 14, 2019)

 

Section 2714.210  Benefit Rights Of Interstate Claimants

 

a)         If a claimant files a claim against any State, and it is determined by such State that the claimant has available benefit credits from the State, then claims shall be filed only against such State as long as such benefits credits are available.  Thereafter, the claimant may file claims against any other State in which there are available benefit credits.

 

b)         For the purposes of this Subpart, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a seasonal restriction.

 

Section 2714.215  Claim for Benefits

 

Claims for benefits or waiting week credit shall be filed in accordance with the liable state's requirements for interstate claims taking.  When Illinois is the liable state, initial interstate claims and continued claims must be filed via the internet or telephone.  The laws applicable to intrastate claims and certifications shall apply to interstate claims and weeks when Illinois is the liable state.

 

(Source:  Amended at 35 Ill. Reg. 6108, effective March 25, 2011)

 

Section 2714.220  Determination of Claims

 

The agent state shall have no responsibility and authority in connection with the determination of interstate claims nor to the investigation and reporting of relevant facts.

 

(Source:  Amended at 35 Ill. Reg. 6108, effective March 25, 2011)

 

Section 2714.225  Appeal Procedures

 

a)         The agent State shall afford all reasonable cooperation in the taking of evidence and holding of hearings in connection with appealed interstate benefit claims.

 

b)         With respect to the time limits for taking an appeal, an appeal made by an interstate claimant shall be deemed to have been made and communicated to Illinois as a liable State on the date it is received by any officer of the agent State in accordance with the laws of such agent State.  Illinois, as an agent State, shall accept any appeal filed by an interstate claimant at any local office in accordance with the provisions of 56 Ill. Adm. Code 2720.200.

 

c)         Except where contrary to the provisions of this Part, the provisions of 56 Ill. Adm. Code 2720 shall be applicable where Illinois is the liable State.

SUBPART C: EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS

 

Section 2714.300  Application

 

The Subpart shall govern the Department of Employment Security in its administrative cooperation with other States subscribing to the Interstate Reciprocal Coverage Arrangement, hereinafter referred to as "the Arrangement."

 

Section 2714.305  Submission And Approval Of Coverage Elections Under The Interstate Reciprocal Coverage Arrangement

 

a)         Any employing unit may file an election, on a form provided by the Department, to cover under the law of a single participating jurisdiction all of the services performed for the employing unit by any individual who customarily works for the employing unit in more than one participating jurisdiction.  That election may be filed, with respect to an individual, with Illinois as the elected jurisdiction if:

 

1)         The employer is otherwise liable in Illinois; and

 

2)         One or more of the following conditions exist:

 

A)        Any part of the individual's services are performed in Illinois; or

 

B)        The individual has his or her residence in Illinois; or

 

C)        The employing unit maintains a place of business [820 ILCS 405/2700A] in Illinois and the individual does not reside in or perform services in another jurisdiction where the employer is liable; and

 

3)         The form referenced in subsection (a) is filed as provided in this Subpart; and

 

4)         All other interested jurisdictions have approved of the election as provided in this Subpart; and

 

5)         All affected workers have approved of the election as provided in Section 2714.315.

 

b)         The agency of the elected jurisdiction (thus selected and determined) shall initially approve or disapprove the election (Illinois will approve if the requirements of Section 2714.305(a) are met):

 

1)         If the agency approves the election, it shall forward a copy of that approval to the agency of each participating jurisdiction specified on the election, under whose unemployment insurance law the individual or individuals in question might, in the absence of the election, be covered. Each interested agency shall approve or disapprove the election as promptly as practicable and shall notify the agency of the elected jurisdiction accordingly.

 

2)         If its law so requires, an interested agency may, before taking such action, require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.  The acquiescence is required in Illinois pursuant to Section 2714.315(a).

 

c)         If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reasons therefor.

 

d)         An election shall take effect as to the elected jurisdiction only if approved by  its agency and by one or more interested agencies.  An election thus approved shall take effect, as to any interested agency, only if it has been approved by that agency.

 

e)         If an election is approved only in part, or is disapproved by some agencies, the electing employing unit may withdraw its election within 10 days after being notified of that action.

 

(Source:  Amended at 43 Ill. Reg. 6379, effective May 14, 2019)

 

Section 2714.310  Effective Periods Of Election

 

a)         Commencement:

 

1)         An election approved under this Subpart shall become effective at the beginning of the calendar quarter in which the election is submitted, unless the election as approved specifies the beginning of a different calendar quarter;

 

2)         If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, the earlier date shall be approved as to those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period in question and to no others.

 

b)         Termination:

 

1)         The application of an election to an individual under this Subpart shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so that they are no longer customarily performed in more than one participating jurisdiction.  The termination shall be effective as to the close of the calendar quarter in which notice of such finding is mailed to all parties affected;

 

2)         Except as provided in subsection (b)(1), each election approved shall remain in effect through the close of the calendar year in which the election is initially submitted and approved, and thereafter until the close of the calendar quarter of any subsequent year in which the employing unit gives written notice of its termination to all effected agencies.

 

3)         Whenever an election under this Subpart ceases to apply to any individual under subsections (b)(1) or (b)(2), the electing employing unit shall notify the affected individual accordingly.

 

Section 2714.315  Reports And Notices By The Electing Units

 

a)         The electing unit shall promptly notify each individual affected by its approved election and shall furnish the elected agency a copy of the form provided by the Department signed by each such affected individual.

 

b)         Whenever an individual covered by an election under this Subpart is separated from his or her employment, the electing unit shall again inform the individual, immediately, as to the jurisdiction under whose unemployment compensation law his or her services have been covered.  If, at the time of separation, the individual is not located in the elected jurisdiction, the electing unit shall notify that individual as to the procedure for filing interstate benefit claims.

 

c)         The electing unit shall immediately report to the elected jurisdiction any change that occurs in the conditions of employment pertinent to its election, such as when an individual's services for the employer cease to be performed in more than one participating jurisdiction or when a change in work assigned to an individual requires him or her to perform services in a new participating jurisdiction outside Illinois.

 

(Source:  Amended at 43 Ill. Reg. 6379, effective May 14, 2019)