Union Employee Health and Benefits Protection Act (820 ILCS 60/)

Chapter 820 — Employment

General

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1.

This Act may be cited as the Union Employee Health and Benefits Protection Act.

(Source: P.A. 88-207.)

Sec. 5. Definition

As used in this Act:

"Employee-entitled funds" means those amounts that an employer is legally committed, through a collective bargaining agreement, to contribute to an employee benefit trust fund on the basis of a certain amount per hour, day, week, or other period of time and that are considered to be held in trust for the benefit of a designated employee benefit trust fund.

(Source: P.A. 88-207.)

Sec. 7. Applicability

This Act does not apply when the employer is the State of Illinois, a unit of local government, or a school district.

(Source: P.A. 88-207.)

Sec. 10. Employer liability for funds withheld for employee benefits

An employer may not willfully and in bad faith fail to transfer employee-entitled funds to the designated employee trust fund that is lawfully entitled to receive the employee-entitled funds.

(Source: P.A. 88-207.)

Sec. 15. Adjustment of claims or losses; non-exclusive remedy

The relief provided under this Act is in addition to remedies otherwise available for the same conduct under the common law or other criminal or civil statutes of this State.

(Source: P.A. 88-207.)

Sec. 20. Injunctive and other relief

(a) Whenever a State's Attorney has reason to believe that any person or employer is using, has used, or is about to use any method, act, or practice declared by this Act to be unlawful and that proceedings would be in the public interest, he or she may, at his or her discretion, bring an action in the name of the People of the State, upon the relation of the employees or collective bargaining unit, affected thereby, against such person or employee to restrain, by preliminary or permanent injunction, the use of such method, act, or practice. The Court, in its discretion, may exercise all powers necessary including but not limited to: injunction; revocation, forfeiture, or suspension of any license, charter, franchise, certificate or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or associations; suspension or termination of the right of foreign corporations to do business in this State; and restitution, damages, or disgorgement of profits on behalf of the employees, or collective bargaining units, injured by the method, act, or practice constituting the subject matter of the actions, and may assess costs against the defendant for the use of the State.

(b) In addition to the remedies provided in this Act, the State's Attorney may request and the Court may impose a civil penalty in a sum not to exceed 3 times the amount of employee funds used unlawfully against each person found by the Court to have engaged in any method, act, or practice declared unlawful under this Act, for the use of the State.

(Source: P.A. 88-207.)

Sec. 25. Claims against persons who acquired moneys or property

Subject to an order of the Court terminating the business affairs of any person after receivership proceedings held under this Act, the provisions of this Act shall not bar any claim against any person who has acquired any moneys or property, real or personal, by means of any practice declared to be unlawful under this Act.

(Source: P.A. 88-207.)

Sec. 30. Costs

In any action brought under the provisions of this Act, the State's Attorney is entitled to recover costs for the use of this State.

(Source: P.A. 88-207.)

Sec. 35. Severability

The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 88-207.)

Sec. 40. Construction of Act

This Act shall be liberally construed to effect the purposes of the Act.

(Source: P.A. 88-207.)

Sec. 99.

This Act takes effect January 1, 1994.

(Source: P.A. 88-207.)