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)