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To learn more about Hennessy & Roach services,
reach us at:
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Fax: 312-346-5330
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Fax: 314-231-0990
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Fax: 217-726-0137
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Chicago, IL 60603
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CHAPTER 820 - EMPLOYMENT
Union Employee Health and Benefits Protection Act.
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(820 ILCS 60/1)
Sec. 1. This Act may be cited as
the Union Employee Health and Benefits Protection Act.
(Source: P.A. 88-207.)
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(820 ILCS 60/5)
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.)
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(820 ILCS 60/7)
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.)
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(820 ILCS 60/10)
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.)
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(820 ILCS 60/15)
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.)
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(820 ILCS 60/20)
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.)
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(820 ILCS 60/25)
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.)
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(820 ILCS 60/30)
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.)
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(820 ILCS 60/35)
Sec. 35. Severability. The provisions
of this Act are severable under Section 1.31 of the Statute
on Statutes.
(Source: P.A. 88-207.)
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(820 ILCS 60/40)
Sec. 40. Construction of Act. This
Act shall be liberally construed to effect the
purposes of the Act.
(Source: P.A. 88-207.)
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(820 ILCS 60/99)
Sec. 99. This Act takes effect January 1, 1994.
(Source: P.A. 88-207.)
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