Illinois Compiled Statutes 820 ILCS 205/12.5 – Child performers; trust fund
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(a) In this Section:
“Artistic or creative services” includes, but is not limited to, services as: an actor, actress, dancer, musician, comedian, singer, stunt person, voice-over artist, runway or print model, other performer or entertainer, songwriter, musical producer, arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
“Child performer” means an unemancipated person under the age of 16 who is employed in this State and who agrees to render artistic or creative services.
(b) In addition to the requirements of Section 12, the person authorized to issue employment certificates must determine that a trust account, established by the child performer’s parent or guardian, that meets the requirements of subsection (c) has been established designating the minor as the beneficiary of the trust account before an employment certificate for work as a child performer may be issued for a minor under the age of 16 years. The person authorized to issue employment certificates shall issue a temporary employment certificate having a duration of not more than 15 days without the establishment of a trust fund to permit a minor to provide artistic or creative services. No more than one temporary employment certificate may be issued for each child performer. The Department of Labor shall prescribe the form in which temporary employment certificates shall be issued and shall make the forms available on its website.
(c) A trust account subject to this Section must provide, at a minimum, the following:
(1) that at least 15% of the gross earnings of the
“Artistic or creative services” includes, but is not limited to, services as: an actor, actress, dancer, musician, comedian, singer, stunt person, voice-over artist, runway or print model, other performer or entertainer, songwriter, musical producer, arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
Terms Used In Illinois Compiled Statutes 820 ILCS 205/12.5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
“Child performer” means an unemancipated person under the age of 16 who is employed in this State and who agrees to render artistic or creative services.
(b) In addition to the requirements of Section 12, the person authorized to issue employment certificates must determine that a trust account, established by the child performer’s parent or guardian, that meets the requirements of subsection (c) has been established designating the minor as the beneficiary of the trust account before an employment certificate for work as a child performer may be issued for a minor under the age of 16 years. The person authorized to issue employment certificates shall issue a temporary employment certificate having a duration of not more than 15 days without the establishment of a trust fund to permit a minor to provide artistic or creative services. No more than one temporary employment certificate may be issued for each child performer. The Department of Labor shall prescribe the form in which temporary employment certificates shall be issued and shall make the forms available on its website.
(c) A trust account subject to this Section must provide, at a minimum, the following:
(1) that at least 15% of the gross earnings of the
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child performer shall be deposited into the account;
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(2) that the funds in the account shall be available
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only to the child performer;
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(3) that the account shall be held by a bank,
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corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act;
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(4) that the funds in the account shall become
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available to the child performer upon the child performer attaining the age of 18 years or until the child performer is declared emancipated; and
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(5) that the account meets the requirements of the
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Illinois Uniform Transfers to Minors Act.
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(d) The parent or guardian of the child performer shall provide the employer with the information necessary to transfer moneys into the trust account. Once the child performer’s employer deposits the money into the trust account, the child performer’s employer shall have no further obligation or duty to monitor or account for the money. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for money once it has been deposited by the child performer’s employer.
(e) If the parent or guardian of the child performer fails to provide the employer with the information necessary to transfer funds into the trust account within 30 days after an employment certificate has been issued, the funds that were to be transferred to the trust account shall be transferred to the Office of the State Treasurer in accordance with Section 15-608 of the Revised Uniform Unclaimed Property Act.
(f) This Section does not apply to an employer of a child performer employed to perform services as an extra, services as a background performer, or services in a similar capacity.
(g) The Department of Labor may adopt rules to implement this Section.
(e) If the parent or guardian of the child performer fails to provide the employer with the information necessary to transfer funds into the trust account within 30 days after an employment certificate has been issued, the funds that were to be transferred to the trust account shall be transferred to the Office of the State Treasurer in accordance with Section 15-608 of the Revised Uniform Unclaimed Property Act.
(f) This Section does not apply to an employer of a child performer employed to perform services as an extra, services as a background performer, or services in a similar capacity.
(g) The Department of Labor may adopt rules to implement this Section.