Illinois is the second state behind New Jersey to require that employers provide pre-tax transit benefits to employees. The state of Illinois has passed the Transportation Benefits Program Act. Effective January 1, 2024, the Act requires Illinois employers with 50 or more covered employees, in a specified geographic area with an address within one mile of a fixed transit route, to offer a pre-tax transit plan. Covered employees work an average of at least 35 hours per week and are paid on a full-time basis. The benefit must be offered to all employees starting on their first full pay period after 120 days of employment. Covered employers are required to allow covered employees to purchase transit passes with pre-tax dollars through payroll deductions up to the IRS federal limit. An employer also may comply by taking part in a program offered by the Chicago Transit Authority or the Regional Transportation Authority.
The Regional Transit Authority will make an interactive map available with addresses that are located within the applicable area as outlined in the Act.
If you are an employer or client who needs support administering commuter benefits, please reach out to TRI-AD.
TRI-AD and our Associates’ suggestions or recommendations shall not constitute legal advice. No content on our website can be construed as tax or legal advice, and TRI-AD may not be considered your legal counsel or tax advisor. Clients are encouraged to consult with their tax advisor and/or attorney to determine their legal rights, responsibilities, and liabilities. This includes the interpretation of any statute or regulation, federal, state, or local; and/or its application to the clients’ business activities.