(820
ILCS 305/2) (from Ch. 48, par. 138.2)
Sec.
2. An employer in this State, who does not come within the classes
enumerated by Section 3 of this Act, may elect to provide and pay
compensation for accidental injuries sustained by himself or any
employee, arising out of and in the course of the employment according
to the provisions of this Act, and thereby relieve himself from
any liability for the recovery of damages, except as herein provided.
The State of Illinois hereby elects to provide and
pay compensation according to the provisions of this Act.
(a)
Election by any employer to provide and pay compensation according
to the provisions of this Act shall be made by the employer filing
notice of such election with the Commission, or by insuring his
liability to pay compensation under this Act in some insurance
carrier authorized, licensed or permitted to do such insurance
business in this State.
(b)
Every employer within the provisions of this Act who has elected
to provide and pay compensation according to the provisions of
this Act by filing notice of such election with the Commission,
shall be bound thereby as to all his employees until January 1st
of the next succeeding year and for terms of each year thereafter.
Any
such employer who may have once elected, may elect not to provide
and pay the compensation herein provided for accidents resulting
in either injury or death and occurring after the expiration of
any such calendar year by filing notice of such election with the
Commission at least 60 days prior to the expiration of any such
calendar year, and by posting such notice at a conspicuous place
in the plant, shop, office, room or place where such employee is
employed, or by personal service, in written or printed form, upon
such employees, at least 60 days prior to the expiration of any
such calendar year.
Every
employer within the provisions of this Act who has elected to provide
and pay compensation according to the provisions of this Act by
insuring his liability to pay compensation under this Act, as above
provided, shall be bound thereby as to all his employees until
the date of expiration or cancellation of such policy of insurance,
or any renewal thereof.
(c)
In the event any employer mentioned in this section, elects to
provide and pay the compensation provided in this Act, then every
employee of such employer, as a part of his contract of hiring
or who may be employed at the time of the taking effect of this
Act and the acceptance of its provisions by such employer, shall
be deemed to have accepted all the provisions of this Act and shall
be bound thereby unless within 30 days after such hiring or after
the taking effect of this Act, and its acceptance by such employee,
he shall file a notice to the contrary with the Commission, whose
duty it shall be to immediately notify the employer, and until
such notice to the contrary is given to the employer, the measure
of liability of such employer shall be determined according to
the compensation provisions of this Act.
However,
any employee may withdraw from the operation of this Act, except
those under Section 3, upon filing a written notice of withdrawal
at least 10 days prior to January 1st of any year with the Commission,
whose duty it shall be to immediately notify such employer by registered
mail, and, until such notice to the contrary is given to such employer,
the measure of liability of such employer shall be determined according
to the compensation provisions of this Act.
(d)
Any such employer or employee may, without prejudice to any existing
right or claim withdraw his election to reject this Act by giving
30 days' written notice in such manner and form as may be provided
by the Commission.
(Source: P.A.
83-190.)