Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 350/1

(5 ILCS 350/1) (from Ch. 127, par. 1301)

Sec. 1. Definitions.

  For the purpose of this Act:

(a) The term "State" means the State of Illinois, the General
Assembly, the court, or any State office, department, division, bureau,
board, commission, or committee, the governing boards of the public
institutions of higher education created by the State, the Illinois
National Guard, the Illinois State Guard, the Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that receives State
funding, or any other agency or instrumentality of the State.  It
does not mean any local public entity as that term is defined in Section
1-206 of the Local Governmental and Governmental Employees Tort Immunity
Act or a pension fund.

(b) The term "employee" means: any present or former elected or
appointed officer, trustee or employee of the State, or of a pension
fund;
any present or former commissioner or employee of the Executive Ethics
Commission or of the Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector General;     any present or
former employee of an Office of an Executive, Legislative, or Auditor General's
Inspector General; any present or former member of the Illinois National
Guard
while on active duty; any present or former member of the Illinois State
Guard
while on State active duty; individuals or organizations who contract with the
Department of Corrections, the Department of Juvenile Justice, the Comprehensive Health Insurance Board, or the
Department of Veterans' Affairs to provide services; individuals or
organizations who contract with the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) to provide services including but not limited to treatment and
other services for sexually violent persons; individuals or organizations who
contract with the Department of
Military
Affairs for youth programs; individuals or
organizations who contract to perform carnival and amusement ride safety
inspections for the Department of Labor; individuals who contract with the Office of the State's Attorneys Appellate Prosecutor to provide legal services, but only when performing duties within the scope of the Office's prosecutorial activities; individual representatives of or
designated organizations authorized to represent the Office of State Long-Term
Ombudsman for the Department on Aging; individual representatives of or
organizations designated by the Department on Aging in the performance of their
duties as adult protective services agencies or regional administrative agencies
under the Adult Protective Services Act; individuals or organizations appointed as members of a review team or the Advisory Council under the Adult Protective Services Act; individuals or organizations who perform
volunteer services for the State where such volunteer relationship is reduced
to writing; individuals who serve on any public entity (whether created by law
or administrative action) described in paragraph (a) of this Section; individuals or not for profit organizations who, either as volunteers, where
such volunteer relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or instrumentality of
the State; individuals who serve as foster parents for the Department of
Children and Family Services when caring for youth in care as defined in Section 4d of the Children and Family Services Act; individuals who serve as members of an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law); and individuals
who serve as arbitrators pursuant to Part 10A of
Article II of the Code of Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended; the members of the Certification Review Panel under the Illinois Police Training Act; the term "employee" does not mean an
independent contractor except as provided in this Section. The term includes an
individual appointed as an inspector by the Director of the Illinois State Police when
performing duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization established under the
Intergovernmental Cooperation Act. An individual who renders professional
advice and consultation to the State through an organization which qualifies as
an "employee" under the Act is also an employee. The term includes the estate
or personal representative of an employee.

(c) The term "pension fund" means a retirement system or pension
fund created under the Illinois Pension Code.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)