Short title
Short title. This Act may be cited as the Employee Leasing Company Act. (Source: P.A. 90-499, eff. 1-1-98.)
Illinois · statute · 215 ILCS 113 · 14 active provisions
Short title. This Act may be cited as the Employee Leasing Company Act. (Source: P.A. 90-499, eff. 1-1-98.)
Purpose. For the purpose of ensuring that an employer that leases some or all of its workers properly obtains workers' compensation insurance coverage for all of its employees, including those leased from another entity, and that premium is paid commensurate with exposure and anticipated claim experience, this Act is r…
Applicability. This Act applies to all lessors and insurers conducting business in this State and to policies issued, renewed, or delivered after the effective date of this amendatory Act of 1998. (Source: P.A. 90-499, eff. 1-1-98; 90-794, eff. 8-14-98.)
Definitions. In this Act: "Department" means the Illinois Department of Insurance. "Employee leasing arrangement" means a contractual arrangement, including long-term temporary arrangements whereby a lessor obligates itself to perform specified employer responsibilities as to leased employees including the securing of…
Registration. (a) A lessor shall register with the Department prior to becoming a qualified self-insured for workers' compensation or becoming eligible to be issued a workers' compensation and employers' liability insurance policy. The registration shall: (1) identify the name of the lessor; (2) identify the address of…
Record keeping and reporting requirement. (a) A lessor shall maintain accounting and employment records relating to all employee leasing arrangements for a minimum of 4 calendar years. A lessor shall maintain the address of each office it maintains in this State, at its principal place of business. (b) A lessor shall m…
Responsibility for policy issuance and continuance. (a) Either a lessor or lessee may provide workers' compensation insurance coverage for leased employees under an employee leasing arrangement. When a workers' compensation policy written to cover leased employees is issued to the lessor as the named insured, the lesse…
Insurer or service carrier audit. Insurers shall audit policies issued through the residual market pursuant to Section 30 of this Act within 90 days of the policy effective date and may conduct quarterly audits thereafter. Insurers may audit policies issued through the voluntary market within 90 days of the policy effe…
Exclusivity and vicarious liability. Subject to any contrary provisions of the contract between the client and the employee leasing company, the employee leasing arrangement that exists between an employee leasing company and its clients shall be interpreted for purposes of insurance, bonding, and employers' liability…
Grounds for removal of eligibility; order; hearing; review. (a) Any registration issued under this Act may be revoked or an application for registration may be denied if the Director finds that the lessor or applicant: (1) has willfully violated any provision of this Act or any rule promulgated by the Director; (2) has…
Rulemaking authority. The Director shall have the authority to promulgate rules to enforce this Act. (Source: P.A. 90-794, eff. 8-14-98.)
(Amendatory provisions; text omitted). (Source: P.A. 90-499, eff. 8-19-97; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 90-499, eff. 1-1-98; text omitted.)
Effective date. This Section and Sections 91 and 97 of this Act take effect upon becoming law; Sections 1 through 55, 93, and 95 of this Act take effect January 1, 1998. (Source: P.A. 90-499, eff. 8-19-97.)