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90_HB1268enr
SEE INDEX
Creates the Second 1997 General Revisory Act. Combines
multiple versions of Sections amended by more than one Public
Act. Renumbers Sections of various Acts to eliminate
duplication. Corrects obsolete citations and technical
errors. Makes stylistic changes. Effective immediately.
LRB9000999EGfg
HB1268 Enrolled LRB9000999EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 1998 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to include the different versions of the Section
24 found in the Public Acts included in the list of sources, but
25 may not include other versions of the Section to be found in
26 Public Acts not included in the list of sources. The list of
27 sources is not a part of the text of the Section.
28 (d) Public Acts 89-708 through 90-566 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
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1 (5 ILCS 80/4.9 rep.)
2 Section 5. Section 4.9 of the Regulatory Agency Sunset
3 Act is repealed.
4 Section 6. The Regulatory Agency Sunset Act is amended
5 by changing Section 4.18 as follows:
6 (5 ILCS 80/4.18)
7 Sec. 4.18. Acts Act repealed January 1, 2008. The
8 following Acts are Act is repealed on January 1, 2008:
9 The Acupuncture Practice Act.
10 The Clinical Social Work and Social Work Practice Act.
11 The Home Medical Equipment and Services Provider License
12 Act.
13 The Illinois Nursing Act of 1987.
14 The Illinois Speech-Language Pathology and Audiology
15 Practice Act.
16 The Marriage and Family Therapy Licensing Act.
17 The Nursing Home Administrators Licensing and
18 Disciplinary Act.
19 The Pharmacy Practice Act of 1987.
20 The Physician Assistant Practice Act of 1987.
21 The Podiatric Medical Practice Act of 1987.
22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
25 12-30-97.)
26 Section 7. The Illinois Administrative Procedure Act is
27 amended by changing Section 1-5 as follows:
28 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
29 Sec. 1-5. Applicability.
30 (a) This Act applies to every agency as defined in this
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1 Act. Beginning January 1, 1978, in case of conflict between
2 the provisions of this Act and the Act creating or conferring
3 power on an agency, this Act shall control. If, however, an
4 agency (or its predecessor in the case of an agency that has
5 been consolidated or reorganized) has existing procedures on
6 July 1, 1977, specifically for contested cases or licensing,
7 those existing provisions control, except that this exception
8 respecting contested cases and licensing does not apply if
9 the Act creating or conferring power on the agency adopts by
10 express reference the provisions of this Act. Where the Act
11 creating or conferring power on an agency establishes
12 administrative procedures not covered by this Act, those
13 procedures shall remain in effect.
14 (b) The provisions of this Act do not apply to (i)
15 preliminary hearings, investigations, or practices where no
16 final determinations affecting State funding are made by the
17 State Board of Education, (ii) legal opinions issued under
18 Section 2-3.7 of the School Code, (iii) as to State colleges
19 and universities, their disciplinary and grievance
20 proceedings, academic irregularity and capricious grading
21 proceedings, and admission standards and procedures, and (iv)
22 the class specifications for positions and individual
23 position descriptions prepared and maintained under the
24 Personnel Code. Those class specifications shall, however,
25 be made reasonably available to the public for inspection and
26 copying. The provisions of this Act do not apply to hearings
27 under Section 20 of the Uniform Disposition of Unclaimed
28 Property Act.
29 (c) Section 5-35 of this Act relating to procedures for
30 rulemaking does not apply to the following:
31 (1) Rules adopted by the Pollution Control Board
32 that, in accordance with Section 7.2 of the Environmental
33 Protection Act, are identical in substance to federal
34 regulations or amendments to those regulations
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1 implementing the following: Sections 3001, 3002, 3003,
2 3004, 3005, and 9003 of the Solid Waste Disposal Act;
3 Section 105 of the Comprehensive Environmental Response,
4 Compensation, and Liability Act of 1980; Sections 307(b),
5 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
6 Water Pollution Control Act; and Sections 1412(b),
7 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
8 Water Act.
9 (2) Rules adopted by the Pollution Control Board
10 that establish or amend standards for the emission of
11 hydrocarbons and carbon monoxide from gasoline powered
12 motor vehicles subject to inspection under Section
13 13A-105 of the Vehicle Emissions Inspection Law and rules
14 adopted under Section 13B-20 of the Vehicle Emissions
15 Inspection Law of 1995.
16 (3) Procedural rules adopted by the Pollution
17 Control Board governing requests for exceptions under
18 Section 14.2 of the Environmental Protection Act.
19 (4) The Pollution Control Board's grant, pursuant
20 to an adjudicatory determination, of an adjusted standard
21 for persons who can justify an adjustment consistent with
22 subsection (a) of Section 27 of the Environmental
23 Protection Act.
24 (5) Rules adopted by the Pollution Control Board
25 that are identical in substance to the regulations
26 adopted by the Office of the State Fire Marshal under
27 clause (ii) of paragraph (b) of subsection (3) of Section
28 2 of the Gasoline Storage Act.
29 (d) Pay rates established under Section 8a of the
30 Personnel Code shall be amended or repealed pursuant to the
31 process set forth in Section 5-50 within 30 days after it
32 becomes necessary to do so due to a conflict between the
33 rates and the terms of a collective bargaining agreement
34 covering the compensation of an employee subject to that
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1 Code.
2 (e) Section 10-45 of this Act shall not apply to any
3 hearing, proceeding, or investigation conducted under Section
4 13-515 of the Public Utilities Act.
5 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
6 revised 10-24-97.)
7 Section 8. The Freedom of Information Act is amended by
8 changing Section 7 as follows:
9 (5 ILCS 140/7) (from Ch. 116, par. 207)
10 Sec. 7. Exemptions.
11 (1) The following shall be exempt from inspection and
12 copying:
13 (a) Information specifically prohibited from
14 disclosure by federal or State law or rules and
15 regulations adopted under federal or State law.
16 (b) Information that, if disclosed, would
17 constitute a clearly unwarranted invasion of personal
18 privacy, unless the disclosure is consented to in writing
19 by the individual subjects of the information. The
20 disclosure of information that bears on the public duties
21 of public employees and officials shall not be considered
22 an invasion of personal privacy. Information exempted
23 under this subsection (b) shall include but is not
24 limited to:
25 (i) files and personal information maintained
26 with respect to clients, patients, residents,
27 students or other individuals receiving social,
28 medical, educational, vocational, financial,
29 supervisory or custodial care or services directly
30 or indirectly from federal agencies or public
31 bodies;
32 (ii) personnel files and personal information
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1 maintained with respect to employees, appointees or
2 elected officials of any public body or applicants
3 for those positions;
4 (iii) files and personal information
5 maintained with respect to any applicant, registrant
6 or licensee by any public body cooperating with or
7 engaged in professional or occupational
8 registration, licensure or discipline;
9 (iv) information required of any taxpayer in
10 connection with the assessment or collection of any
11 tax unless disclosure is otherwise required by State
12 statute; and
13 (v) information revealing the identity of
14 persons who file complaints with or provide
15 information to administrative, investigative, law
16 enforcement or penal agencies; provided, however,
17 that identification of witnesses to traffic
18 accidents, traffic accident reports, and rescue
19 reports may be provided by agencies of local
20 government, except in a case for which a criminal
21 investigation is ongoing, without constituting a
22 clearly unwarranted per se invasion of personal
23 privacy under this subsection.
24 (c) Records compiled by any public body for
25 administrative enforcement proceedings and any law
26 enforcement or correctional agency for law enforcement
27 purposes or for internal matters of a public body, but
28 only to the extent that disclosure would:
29 (i) interfere with pending or actually and
30 reasonably contemplated law enforcement proceedings
31 conducted by any law enforcement or correctional
32 agency;
33 (ii) interfere with pending administrative
34 enforcement proceedings conducted by any public
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1 body;
2 (iii) deprive a person of a fair trial or an
3 impartial hearing;
4 (iv) unavoidably disclose the identity of a
5 confidential source or confidential information
6 furnished only by the confidential source;
7 (v) disclose unique or specialized
8 investigative techniques other than those generally
9 used and known or disclose internal documents of
10 correctional agencies related to detection,
11 observation or investigation of incidents of crime
12 or misconduct;
13 (vi) constitute an invasion of personal
14 privacy under subsection (b) of this Section;
15 (vii) endanger the life or physical safety of
16 law enforcement personnel or any other person; or
17 (viii) obstruct an ongoing criminal
18 investigation.
19 (d) Criminal history record information maintained
20 by State or local criminal justice agencies, except the
21 following which shall be open for public inspection and
22 copying:
23 (i) chronologically maintained arrest
24 information, such as traditional arrest logs or
25 blotters;
26 (ii) the name of a person in the custody of a
27 law enforcement agency and the charges for which
28 that person is being held;
29 (iii) court records that are public;
30 (iv) records that are otherwise available
31 under State or local law; or
32 (v) records in which the requesting party is
33 the individual identified, except as provided under
34 part (vii) of paragraph (c) of subsection (1) of
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1 this Section.
2 "Criminal history record information" means data
3 identifiable to an individual and consisting of
4 descriptions or notations of arrests, detentions,
5 indictments, informations, pre-trial proceedings, trials,
6 or other formal events in the criminal justice system or
7 descriptions or notations of criminal charges (including
8 criminal violations of local municipal ordinances) and
9 the nature of any disposition arising therefrom,
10 including sentencing, court or correctional supervision,
11 rehabilitation and release. The term does not apply to
12 statistical records and reports in which individuals are
13 not identified and from which their identities are not
14 ascertainable, or to information that is for criminal
15 investigative or intelligence purposes.
16 (e) Records that relate to or affect the security
17 of correctional institutions and detention facilities.
18 (f) Preliminary drafts, notes, recommendations,
19 memoranda and other records in which opinions are
20 expressed, or policies or actions are formulated, except
21 that a specific record or relevant portion of a record
22 shall not be exempt when the record is publicly cited and
23 identified by the head of the public body. The exemption
24 provided in this paragraph (f) extends to all those
25 records of officers and agencies of the General Assembly
26 that pertain to the preparation of legislative documents.
27 (g) Trade secrets and commercial or financial
28 information obtained from a person or business where the
29 trade secrets or information are proprietary, privileged
30 or confidential, or where disclosure of the trade secrets
31 or information may cause competitive harm, including all
32 information determined to be confidential under Section
33 4002 of the Technology Advancement and Development Act.
34 Nothing contained in this paragraph (g) shall be
HB1268 Enrolled -9- LRB9000999EGfg
1 construed to prevent a person or business from consenting
2 to disclosure.
3 (h) Proposals and bids for any contract, grant, or
4 agreement, including information which if it were
5 disclosed would frustrate procurement or give an
6 advantage to any person proposing to enter into a
7 contractor agreement with the body, until an award or
8 final selection is made. Information prepared by or for
9 the body in preparation of a bid solicitation shall be
10 exempt until an award or final selection is made.
11 (i) Valuable formulae, designs, drawings and
12 research data obtained or produced by any public body
13 when disclosure could reasonably be expected to produce
14 private gain or public loss.
15 (j) Test questions, scoring keys and other
16 examination data used to administer an academic
17 examination or determined the qualifications of an
18 applicant for a license or employment.
19 (k) Architects' plans and engineers' technical
20 submissions for projects not constructed or developed in
21 whole or in part with public funds and for projects
22 constructed or developed with public funds, to the extent
23 that disclosure would compromise security.
24 (l) Library circulation and order records
25 identifying library users with specific materials.
26 (m) Minutes of meetings of public bodies closed to
27 the public as provided in the Open Meetings Act until the
28 public body makes the minutes available to the public
29 under Section 2.06 of the Open Meetings Act.
30 (n) Communications between a public body and an
31 attorney or auditor representing the public body that
32 would not be subject to discovery in litigation, and
33 materials prepared or compiled by or for a public body in
34 anticipation of a criminal, civil or administrative
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1 proceeding upon the request of an attorney advising the
2 public body, and materials prepared or compiled with
3 respect to internal audits of public bodies.
4 (o) Information received by a primary or secondary
5 school, college or university under its procedures for
6 the evaluation of faculty members by their academic
7 peers.
8 (p) Administrative or technical information
9 associated with automated data processing operations,
10 including but not limited to software, operating
11 protocols, computer program abstracts, file layouts,
12 source listings, object modules, load modules, user
13 guides, documentation pertaining to all logical and
14 physical design of computerized systems, employee
15 manuals, and any other information that, if disclosed,
16 would jeopardize the security of the system or its data
17 or the security of materials exempt under this Section.
18 (q) Documents or materials relating to collective
19 negotiating matters between public bodies and their
20 employees or representatives, except that any final
21 contract or agreement shall be subject to inspection and
22 copying.
23 (r) Drafts, notes, recommendations and memoranda
24 pertaining to the financing and marketing transactions of
25 the public body. The records of ownership, registration,
26 transfer, and exchange of municipal debt obligations, and
27 of persons to whom payment with respect to these
28 obligations is made.
29 (s) The records, documents and information relating
30 to real estate purchase negotiations until those
31 negotiations have been completed or otherwise terminated.
32 With regard to a parcel involved in a pending or actually
33 and reasonably contemplated eminent domain proceeding
34 under Article VII of the Code of Civil Procedure,
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1 records, documents and information relating to that
2 parcel shall be exempt except as may be allowed under
3 discovery rules adopted by the Illinois Supreme Court.
4 The records, documents and information relating to a real
5 estate sale shall be exempt until a sale is consummated.
6 (t) Any and all proprietary information and records
7 related to the operation of an intergovernmental risk
8 management association or self-insurance pool or jointly
9 self-administered health and accident cooperative or
10 pool.
11 (u) Information concerning a university's
12 adjudication of student or employee grievance or
13 disciplinary cases, to the extent that disclosure would
14 reveal the identity of the student or employee and
15 information concerning any public body's adjudication of
16 student or employee grievances or disciplinary cases,
17 except for the final outcome of the cases.
18 (v) Course materials or research materials used by
19 faculty members.
20 (w) Information related solely to the internal
21 personnel rules and practices of a public body.
22 (x) Information contained in or related to
23 examination, operating, or condition reports prepared by,
24 on behalf of, or for the use of a public body responsible
25 for the regulation or supervision of financial
26 institutions or insurance companies, unless disclosure is
27 otherwise required by State law.
28 (y) Information the disclosure of which is
29 restricted under Section 5-108 of the Public Utilities
30 Act.
31 (z) Manuals or instruction to staff that relate to
32 establishment or collection of liability for any State
33 tax or that relate to investigations by a public body to
34 determine violation of any criminal law.
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1 (aa) Applications, related documents, and medical
2 records received by the Experimental Organ
3 Transplantation Procedures Board and any and all
4 documents or other records prepared by the Experimental
5 Organ Transplantation Procedures Board or its staff
6 relating to applications it has received.
7 (bb) Insurance or self insurance (including any
8 intergovernmental risk management association or self
9 insurance pool) claims, loss or risk management
10 information, records, data, advice or communications.
11 (cc) Information and records held by the Department
12 of Public Health and its authorized representatives
13 relating to known or suspected cases of sexually
14 transmissible disease or any information the disclosure
15 of which is restricted under the Illinois Sexually
16 Transmissible Disease Control Act.
17 (dd) Information the disclosure of which is
18 exempted under Section 30 of the Radon Industry Licensing
19 Act.
20 (ee) Firm performance evaluations under Section 55
21 of the Architectural, Engineering, and Land Surveying
22 Qualifications Based Selection Act.
23 (ff) Security portions of system safety program
24 plans, investigation reports, surveys, schedules, lists,
25 data, or information compiled, collected, or prepared by
26 or for the Regional Transportation Authority under
27 Section 2.11 of the Regional Transportation Authority Act
28 or the State of Missouri under the Bi-State Transit
29 Safety Act.
30 (gg) (ff) Information the disclosure of which is
31 restricted and exempted under Section 50 of the Illinois
32 Prepaid Tuition Act.
33 (2) This Section does not authorize withholding of
34 information or limit the availability of records to the
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1 public, except as stated in this Section or otherwise
2 provided in this Act.
3 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
4 90-546, eff. 12-1-97; revised 12-24-97.)
5 Section 9. The Illinois Public Labor Relations Act is
6 amended by changing Sections 3 and 14 as follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Board" or "Governing Board" means either the
11 Illinois State Labor Relations Board or the Illinois Local
12 Labor Relations Board.
13 (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and
15 other conditions of employment, as detailed in Section 7 and
16 which are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in
18 the regular course of his or her duties, assists and acts in
19 a confidential capacity to persons who formulate, determine,
20 and effectuate management policies with regard to labor
21 relations or who, in the regular course of his or her duties,
22 has authorized access to information relating to the
23 effectuation or review of the employer's collective
24 bargaining policies.
25 (d) "Craft employees" means skilled journeymen, crafts
26 persons, and their apprentices and helpers.
27 (e) "Essential services employees" means those public
28 employees performing functions so essential that the
29 interruption or termination of the function will constitute a
30 clear and present danger to the health and safety of the
31 persons in the affected community.
32 (f) "Exclusive representative", except with respect to
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1 non-State fire fighters and paramedics employed by fire
2 departments and fire protection districts, non-State peace
3 officers, and peace officers in the Department of State
4 Police, means the labor organization that has been (i)
5 designated by the Board as the representative of a majority
6 of public employees in an appropriate bargaining unit in
7 accordance with the procedures contained in this Act, (ii)
8 historically recognized by the State of Illinois or any
9 political subdivision of the State before July 1, 1984 (the
10 effective date of this Act) as the exclusive representative
11 of the employees in an appropriate bargaining unit, or (iii)
12 after July 1, 1984 (the effective date of this Act)
13 recognized by an employer upon evidence, acceptable to the
14 Board, that the labor organization has been designated as the
15 exclusive representative by a majority of the employees in an
16 appropriate bargaining unit.
17 With respect to non-State fire fighters and paramedics
18 employed by fire departments and fire protection districts,
19 non-State peace officers, and peace officers in the
20 Department of State Police, "exclusive representative" means
21 the labor organization that has been (i) designated by the
22 Board as the representative of a majority of peace officers
23 or fire fighters in an appropriate bargaining unit in
24 accordance with the procedures contained in this Act, (ii)
25 historically recognized by the State of Illinois or any
26 political subdivision of the State before January 1, 1986
27 (the effective date of this amendatory Act of 1985) as the
28 exclusive representative by a majority of the peace officers
29 or fire fighters in an appropriate bargaining unit, or (iii)
30 after January 1, 1986 (the effective date of this amendatory
31 Act of 1985) recognized by an employer upon evidence,
32 acceptable to the Board, that the labor organization has been
33 designated as the exclusive representative by a majority of
34 the peace officers or fire fighters in an appropriate
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1 bargaining unit.
2 (g) "Fair share agreement" means an agreement between
3 the employer and an employee organization under which all or
4 any of the employees in a collective bargaining unit are
5 required to pay their proportionate share of the costs of the
6 collective bargaining process, contract administration, and
7 pursuing matters affecting wages, hours, and other conditions
8 of employment, but not to exceed the amount of dues uniformly
9 required of members. The amount certified by the exclusive
10 representative shall not include any fees for contributions
11 related to the election or support of any candidate for
12 political office. Nothing in this subsection (g) shall
13 preclude an employee from making voluntary political
14 contributions in conjunction with his or her fair share
15 payment.
16 (g-1) "Fire fighter" means, for the purposes of this Act
17 only, any person who has been or is hereafter appointed to a
18 fire department or fire protection district or employed by a
19 state university and sworn or commissioned to perform fire
20 fighter duties or paramedic duties, except that the following
21 persons are not included: part-time fire fighters, auxiliary,
22 reserve or voluntary fire fighters, including paid on-call
23 fire fighters, clerks and dispatchers or other civilian
24 employees of a fire department or fire protection district
25 who are not routinely expected to perform fire fighter
26 duties, or elected officials.
27 (g-2) "General Assembly of the State of Illinois" means
28 the legislative branch of the government of the State of
29 Illinois, as provided for under Article IV of the
30 Constitution of the State of Illinois, and includes but is
31 not limited to the House of Representatives, the Senate, the
32 Speaker of the House of Representatives, the Minority Leader
33 of the House of Representatives, the President of the Senate,
34 the Minority Leader of the Senate, the Joint Committee on
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1 Legislative Support Services and any legislative support
2 services agency listed in the Legislative Commission
3 Reorganization Act of 1984.
4 (h) "Governing body" means, in the case of the State,
5 the State Labor Relations Board, the Director of the
6 Department of Central Management Services, and the Director
7 of the Department of Labor; the county board in the case of a
8 county; the corporate authorities in the case of a
9 municipality; and the appropriate body authorized to provide
10 for expenditures of its funds in the case of any other unit
11 of government.
12 (i) "Labor organization" means any organization in which
13 public employees participate and that exists for the purpose,
14 in whole or in part, of dealing with a public employer
15 concerning wages, hours, and other terms and conditions of
16 employment, including the settlement of grievances.
17 (j) "Managerial employee" means an individual who is
18 engaged predominantly in executive and management functions
19 and is charged with the responsibility of directing the
20 effectuation of management policies and practices.
21 (k) "Peace officer" means, for the purposes of this Act
22 only, any persons who have been or are hereafter appointed to
23 a police force, department, or agency and sworn or
24 commissioned to perform police duties, except that the
25 following persons are not included: part-time police
26 officers, special police officers, auxiliary police as
27 defined by Section 3.1-30-20 of the Illinois Municipal Code,
28 night watchmen, "merchant police", court security officers as
29 defined by Section 3-6012.1 of the Counties Code, temporary
30 employees, traffic guards or wardens, civilian parking meter
31 and parking facilities personnel or other individuals
32 specially appointed to aid or direct traffic at or near
33 schools or public functions or to aid in civil defense or
34 disaster, parking enforcement employees who are not
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1 commissioned as peace officers and who are not armed and who
2 are not routinely expected to effect arrests, parking lot
3 attendants, clerks and dispatchers or other civilian
4 employees of a police department who are not routinely
5 expected to effect arrests, or elected officials.
6 (l) "Person" includes one or more individuals, labor
7 organizations, public employees, associations, corporations,
8 legal representatives, trustees, trustees in bankruptcy,
9 receivers, or the State of Illinois or any political
10 subdivision of the State or governing body, but does not
11 include the General Assembly of the State of Illinois or any
12 individual employed by the General Assembly of the State of
13 Illinois.
14 (m) "Professional employee" means any employee engaged
15 in work predominantly intellectual and varied in character
16 rather than routine mental, manual, mechanical or physical
17 work; involving the consistent exercise of discretion and
18 adjustment in its performance; of such a character that the
19 output produced or the result accomplished cannot be
20 standardized in relation to a given period of time; and
21 requiring advanced knowledge in a field of science or
22 learning customarily acquired by a prolonged course of
23 specialized intellectual instruction and study in an
24 institution of higher learning or a hospital, as
25 distinguished from a general academic education or from
26 apprenticeship or from training in the performance of routine
27 mental, manual, or physical processes; or any employee who
28 has completed the courses of specialized intellectual
29 instruction and study prescribed in this subsection (m) and
30 is performing related work under the supervision of a
31 professional person to qualify to become a professional
32 employee as defined in this subsection (m).
33 (n) "Public employee" or "employee", for the purposes of
34 this Act, means any individual employed by a public employer,
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1 including interns and residents at public hospitals, but
2 excluding all of the following: employees of the General
3 Assembly of the State of Illinois; elected officials;
4 executive heads of a department; members of boards or
5 commissions; employees of any agency, board or commission
6 created by this Act; employees appointed to State positions
7 of a temporary or emergency nature; all employees of school
8 districts and higher education institutions except
9 firefighters and peace officers employed by a state
10 university; managerial employees; short-term employees;
11 confidential employees; independent contractors; and
12 supervisors except as provided in this Act.
13 Notwithstanding Section 9, subsection (c), or any other
14 provisions of this Act, all peace officers above the rank of
15 captain in municipalities with more than 1,000,000
16 inhabitants shall be excluded from this Act.
17 (o) "Public employer" or "employer" means the State of
18 Illinois; any political subdivision of the State, unit of
19 local government or school district; authorities including
20 departments, divisions, bureaus, boards, commissions, or
21 other agencies of the foregoing entities; and any person
22 acting within the scope of his or her authority, express or
23 implied, on behalf of those entities in dealing with its
24 employees. "Public employer" or "employer" as used in this
25 Act, however, does not mean and shall not include the General
26 Assembly of the State of Illinois and educational employers
27 or employers as defined in the Illinois Educational Labor
28 Relations Act, except with respect to a state university in
29 its employment of firefighters and peace officers. County
30 boards and county sheriffs shall be designated as joint or
31 co-employers of county peace officers appointed under the
32 authority of a county sheriff. Nothing in this subsection
33 (o) shall be construed to prevent the State Board or the
34 Local Board from determining that employers are joint or
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1 co-employers.
2 (p) "Security employee" means an employee who is
3 responsible for the supervision and control of inmates at
4 correctional facilities. The term also includes other
5 non-security employees in bargaining units having the
6 majority of employees being responsible for the supervision
7 and control of inmates at correctional facilities.
8 (q) "Short-term employee" means an employee who is
9 employed for less than that 2 consecutive calendar quarters
10 during a calendar year and who does not have a reasonable
11 assurance that he or she will be rehired by the same employer
12 for the same service in a subsequent calendar year.
13 (r) "Supervisor" is an employee whose principal work is
14 substantially different from that of his or her subordinates
15 and who has authority, in the interest of the employer, to
16 hire, transfer, suspend, lay off, recall, promote, discharge,
17 direct, reward, or discipline employees, to adjust their
18 grievances, or to effectively recommend any of those actions,
19 if the exercise of that authority is not of a merely routine
20 or clerical nature, but requires the consistent use of
21 independent judgment. Except with respect to police
22 employment, the term "supervisor" includes only those
23 individuals who devote a preponderance of their employment
24 time to exercising that authority, State supervisors
25 notwithstanding. In addition, in determining supervisory
26 status in police employment, rank shall not be determinative.
27 The Board shall consider, as evidence of bargaining unit
28 inclusion or exclusion, the common law enforcement policies
29 and relationships between police officer ranks and
30 certification under applicable civil service law, ordinances,
31 personnel codes, or Division 2.1 of Article 10 of the
32 Illinois Municipal Code, but these factors shall not be the
33 sole or predominant factors considered by the Board in
34 determining police supervisory status.
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1 Notwithstanding the provisions of the preceding
2 paragraph, in determining supervisory status in fire fighter
3 employment, no fire fighter shall be excluded as a supervisor
4 who has established representation rights under Section 9 of
5 this Act. Further, in new fire fighter units, employees
6 shall consist of fire fighters of the rank of company officer
7 and below. If a company officer otherwise qualifies as a
8 supervisor under the preceding paragraph, however, he or she
9 shall not be included in the fire fighter unit. If there is
10 no rank between that of chief and the highest company
11 officer, the employer may designate a position on each shift
12 as a Shift Commander, and the persons occupying those
13 positions shall be supervisors. All other ranks above that
14 of company officer shall be supervisors.
15 (s) (1) "Unit" means a class of jobs or positions that
16 are held by employees whose collective interests may suitably
17 be represented by a labor organization for collective
18 bargaining. Except with respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both employees and
23 supervisors, or supervisors only, except as provided in
24 paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on July 1, 1984 (the effective
26 date of this Act). With respect to non-State fire fighters
27 and paramedics employed by fire departments and fire
28 protection districts, non-State peace officers, and peace
29 officers in the Department of State Police, a bargaining unit
30 determined by the Board shall not include both supervisors
31 and nonsupervisors, or supervisors only, except as provided
32 in paragraph (2) of this subsection (s) and except for
33 bargaining units in existence on January 1, 1986 (the
34 effective date of this amendatory Act of 1985). A bargaining
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1 unit determined by the Board to contain peace officers shall
2 contain no employees other than peace officers unless
3 otherwise agreed to by the employer and the labor
4 organization or labor organizations involved.
5 Notwithstanding any other provision of this Act, a bargaining
6 unit, including a historical bargaining unit, containing
7 sworn peace officers of the Department of Natural Resources
8 (formerly designated the Department of Conservation) shall
9 contain no employees other than such sworn peace officers
10 upon the effective date of this amendatory Act of 1990 or
11 upon the expiration date of any collective bargaining
12 agreement in effect upon the effective date of this
13 amendatory Act of 1990 covering both such sworn peace
14 officers and other employees.
15 (2) Notwithstanding the exclusion of supervisors from
16 bargaining units as provided in paragraph (1) of this
17 subsection (s), a public employer may agree to permit its
18 supervisory employees to form bargaining units and may
19 bargain with those units. This Act shall apply if the public
20 employer chooses to bargain under this subsection.
21 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
22 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
23 6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
24 (5 ILCS 315/14) (from Ch. 48, par. 1614)
25 Sec. 14. Security Employee, Peace Officer and Fire
26 Fighter Disputes.
27 (a) In the case of collective bargaining agreements
28 involving units of security employees of a public employer,
29 Peace Officer Units, or units of fire fighters or paramedics,
30 and in the case of disputes under Section 18, unless the
31 parties mutually agree to some other time limit, mediation
32 shall commence 30 days prior to the expiration date of such
33 agreement or at such later time as the mediation services
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1 chosen under subsection (b) of Section 12 can be provided to
2 the parties. In the case of negotiations for an initial
3 collective bargaining agreement, mediation shall commence
4 upon 15 days notice from either party or at such later time
5 as the mediation services chosen pursuant to subsection (b)
6 of Section 12 can be provided to the parties. In mediation
7 under this Section, if either party requests the use of
8 mediation services from the Federal Mediation and
9 Conciliation Service, the other party shall either join in
10 such request or bear the additional cost of mediation
11 services from another source. The mediator shall have a duty
12 to keep the Board informed on the progress of the mediation.
13 If any dispute has not been resolved within 15 days after the
14 first meeting of the parties and the mediator, or within such
15 other time limit as may be mutually agreed upon by the
16 parties, either the exclusive representative or employer may
17 request of the other, in writing, arbitration, and shall
18 submit a copy of the request to the Board.
19 (b) Within 10 days after such a request for arbitration
20 has been made, the employer shall choose a delegate and the
21 employees' exclusive representative shall choose a delegate
22 to a panel of arbitration as provided in this Section. The
23 employer and employees shall forthwith advise the other and
24 the Board of their selections.
25 (c) Within 7 days of the request of either party, the
26 Board shall select from the Public Employees Labor Mediation
27 Roster 7 persons who are on the labor arbitration panels of
28 either the American Arbitration Association or the Federal
29 Mediation and Conciliation Service, or who are members of the
30 National Academy of Arbitrators, as nominees for impartial
31 arbitrator of the arbitration panel. The parties may select
32 an individual on the list provided by the Board or any other
33 individual mutually agreed upon by the parties. Within 7
34 days following the receipt of the list, the parties shall
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1 notify the Board of the person they have selected. Unless
2 the parties agree on an alternate selection procedure, they
3 shall alternatively strike one name from the list provided by
4 the Board until only one name remains. A coin toss shall
5 determine which party shall strike the first name. If the
6 parties fail to notify the Board in a timely manner of their
7 selection for neutral chairman, the Board shall appoint a
8 neutral chairman from the Illinois Public Employees
9 Mediation/Arbitration Roster.
10 (d) The chairman shall call a hearing to begin within 15
11 days and give reasonable notice of the time and place of the
12 hearing. The hearing shall be held at the offices of the
13 Board or at such other location as the Board deems
14 appropriate. The chairman shall preside over the hearing and
15 shall take testimony. Any oral or documentary evidence and
16 other data deemed relevant by the arbitration panel may be
17 received in evidence. The proceedings shall be informal.
18 Technical rules of evidence shall not apply and the
19 competency of the evidence shall not thereby be deemed
20 impaired. A verbatim record of the proceedings shall be made
21 and the arbitrator shall arrange for the necessary recording
22 service. Transcripts may be ordered at the expense of the
23 party ordering them, but the transcripts shall not be
24 necessary for a decision by the arbitration panel. The
25 expense of the proceedings, including a fee for the chairman,
26 established in advance by the Board, shall be borne equally
27 by each of the parties to the dispute. The delegates, if
28 public officers or employees, shall continue on the payroll
29 of the public employer without loss of pay. The hearing
30 conducted by the arbitration panel may be adjourned from time
31 to time, but unless otherwise agreed by the parties, shall be
32 concluded within 30 days of the time of its commencement.
33 Majority actions and rulings shall constitute the actions and
34 rulings of the arbitration panel. Arbitration proceedings
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1 under this Section shall not be interrupted or terminated by
2 reason of any unfair labor practice charge filed by either
3 party at any time.
4 (e) The arbitration panel may administer oaths, require
5 the attendance of witnesses, and the production of such
6 books, papers, contracts, agreements and documents as may be
7 deemed by it material to a just determination of the issues
8 in dispute, and for such purpose may issue subpoenas. If any
9 person refuses to obey a subpoena, or refuses to be sworn or
10 to testify, or if any witness, party or attorney is guilty of
11 any contempt while in attendance at any hearing, the
12 arbitration panel may, or the attorney general if requested
13 shall, invoke the aid of any circuit court within the
14 jurisdiction in which the hearing is being held, which court
15 shall issue an appropriate order. Any failure to obey the
16 order may be punished by the court as contempt.
17 (f) At any time before the rendering of an award, the
18 chairman of the arbitration panel, if he is of the opinion
19 that it would be useful or beneficial to do so, may remand
20 the dispute to the parties for further collective bargaining
21 for a period not to exceed 2 weeks. If the dispute is
22 remanded for further collective bargaining the time
23 provisions of this Act shall be extended for a time period
24 equal to that of the remand. The chairman of the panel of
25 arbitration shall notify the Board of the remand.
26 (g) At or before the conclusion of the hearing held
27 pursuant to subsection (d), the arbitration panel shall
28 identify the economic issues in dispute, and direct each of
29 the parties to submit, within such time limit as the panel
30 shall prescribe, to the arbitration panel and to each other
31 its last offer of settlement on each economic issue. The
32 determination of the arbitration panel as to the issues in
33 dispute and as to which of these issues are economic shall be
34 conclusive. The arbitration panel, within 30 days after the
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1 conclusion of the hearing, or such further additional periods
2 to which the parties may agree, shall make written findings
3 of fact and promulgate a written opinion and shall mail or
4 otherwise deliver a true copy thereof to the parties and
5 their representatives and to the Board. As to each economic
6 issue, the arbitration panel shall adopt the last offer of
7 settlement which, in the opinion of the arbitration panel,
8 more nearly complies with the applicable factors prescribed
9 in subsection (h). The findings, opinions and order as to
10 all other issues shall be based upon the applicable factors
11 prescribed in subsection (h).
12 (h) Where there is no agreement between the parties, or
13 where there is an agreement but the parties have begun
14 negotiations or discussions looking to a new agreement or
15 amendment of the existing agreement, and wage rates or other
16 conditions of employment under the proposed new or amended
17 agreement are in dispute, the arbitration panel shall base
18 its findings, opinions and order upon the following factors,
19 as applicable:
20 (1) The lawful authority of the employer.
21 (2) Stipulations of the parties.
22 (3) The interests and welfare of the public and the
23 financial ability of the unit of government to meet those
24 costs.
25 (4) Comparison of the wages, hours and conditions
26 of employment of the employees involved in the
27 arbitration proceeding with the wages, hours and
28 conditions of employment of other employees performing
29 similar services and with other employees generally:
30 (A) In public employment in comparable
31 communities.
32 (B) In private employment in comparable
33 communities.
34 (5) The average consumer prices for goods and
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1 services, commonly known as the cost of living.
2 (6) The overall compensation presently received by
3 the employees, including direct wage compensation,
4 vacations, holidays and other excused time, insurance and
5 pensions, medical and hospitalization benefits, the
6 continuity and stability of employment and all other
7 benefits received.
8 (7) Changes in any of the foregoing circumstances
9 during the pendency of the arbitration proceedings.
10 (8) Such other factors, not confined to the
11 foregoing, which are normally or traditionally taken into
12 consideration in the determination of wages, hours and
13 conditions of employment through voluntary collective
14 bargaining, mediation, fact-finding, arbitration or
15 otherwise between the parties, in the public service or
16 in private employment.
17 (i) In the case of peace officers, the arbitration
18 decision shall be limited to wages, hours, and conditions of
19 employment (which may include residency requirements in
20 municipalities with a population under 1,000,000, but those
21 residency requirements shall not allow residency outside of
22 Illinois) and shall not include the following: i) residency
23 requirements in municipalities with a population of at least
24 1,000,000; ii) the type of equipment, other than uniforms,
25 issued or used; iii) manning; iv) the total number of
26 employees employed by the department; v) mutual aid and
27 assistance agreements to other units of government; and vi)
28 the criterion pursuant to which force, including deadly
29 force, can be used; provided, nothing herein shall preclude
30 an arbitration decision regarding equipment or manning levels
31 if such decision is based on a finding that the equipment or
32 manning considerations in a specific work assignment involve
33 a serious risk to the safety of a peace officer beyond that
34 which is inherent in the normal performance of police duties.
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1 Limitation of the terms of the arbitration decision pursuant
2 to this subsection shall not be construed to limit the
3 factors upon which the decision may be based, as set forth in
4 subsection (h).
5 In the case of fire fighter, and fire department or fire
6 district paramedic matters, the arbitration decision shall be
7 limited to wages, hours, and conditions of employment (which
8 may include residency requirements in municipalities with a
9 population under 1,000,000, but those residency requirements
10 shall not allow residency outside of Illinois) and shall not
11 include the following matters: i) residency requirements in
12 municipalities with a population of at least 1,000,000; ii)
13 the type of equipment (other than uniforms and fire fighter
14 turnout gear) issued or used; iii) the total number of
15 employees employed by the department; iv) mutual aid and
16 assistance agreements to other units of government; and v)
17 the criterion pursuant to which force, including deadly
18 force, can be used; provided, however, nothing herein shall
19 preclude an arbitration decision regarding equipment levels
20 if such decision is based on a finding that the equipment
21 considerations in a specific work assignment involve a
22 serious risk to the safety of a fire fighter beyond that
23 which is inherent in the normal performance of fire fighter
24 duties. Limitation of the terms of the arbitration decision
25 pursuant to this subsection shall not be construed to limit
26 the facts upon which the decision may be based, as set forth
27 in subsection (h).
28 The changes to this subsection (i) made by Public Act
29 90-385 this amendatory Act of 1997 (relating to residency
30 requirements) do not apply to persons who are employed by a
31 combined department that performs both police and
32 firefighting services; these persons shall be governed by the
33 provisions of this subsection (i) relating to peace officers,
34 as they existed before the amendment by Public Act 90-385
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1 this amendatory Act of 1997. For purposes of this subsection
2 (i), persons who are employed by a combined department that
3 performs both police and fire fighting services shall be
4 governed by the provisions relating to peace officers rather
5 than the provisions relating to fire fighters.
6 To preserve historical bargaining rights, this subsection
7 shall not apply to any provision of a fire fighter collective
8 bargaining agreement in effect and applicable on the
9 effective date of this Act; provided, however, nothing herein
10 shall preclude arbitration with respect to any such
11 provision.
12 (j) Arbitration procedures shall be deemed to be
13 initiated by the filing of a letter requesting mediation as
14 required under subsection (a) of this Section. The
15 commencement of a new municipal fiscal year after the
16 initiation of arbitration procedures under this Act, but
17 before the arbitration decision, or its enforcement, shall
18 not be deemed to render a dispute moot, or to otherwise
19 impair the jurisdiction or authority of the arbitration panel
20 or its decision. Increases in rates of compensation awarded
21 by the arbitration panel may be effective only at the start
22 of the fiscal year next commencing after the date of the
23 arbitration award. If a new fiscal year has commenced either
24 since the initiation of arbitration procedures under this Act
25 or since any mutually agreed extension of the statutorily
26 required period of mediation under this Act by the parties to
27 the labor dispute causing a delay in the initiation of
28 arbitration, the foregoing limitations shall be inapplicable,
29 and such awarded increases may be retroactive to the
30 commencement of the fiscal year, any other statute or charter
31 provisions to the contrary, notwithstanding. At any time the
32 parties, by stipulation, may amend or modify an award of
33 arbitration.
34 (k) Orders of the arbitration panel shall be reviewable,
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1 upon appropriate petition by either the public employer or
2 the exclusive bargaining representative, by the circuit court
3 for the county in which the dispute arose or in which a
4 majority of the affected employees reside, but only for
5 reasons that the arbitration panel was without or exceeded
6 its statutory authority; the order is arbitrary, or
7 capricious; or the order was procured by fraud, collusion or
8 other similar and unlawful means. Such petitions for review
9 must be filed with the appropriate circuit court within 90
10 days following the issuance of the arbitration order. The
11 pendency of such proceeding for review shall not
12 automatically stay the order of the arbitration panel. The
13 party against whom the final decision of any such court shall
14 be adverse, if such court finds such appeal or petition to be
15 frivolous, shall pay reasonable attorneys' fees and costs to
16 the successful party as determined by said court in its
17 discretion. If said court's decision affirms the award of
18 money, such award, if retroactive, shall bear interest at the
19 rate of 12 percent per annum from the effective retroactive
20 date.
21 (l) During the pendency of proceedings before the
22 arbitration panel, existing wages, hours, and other
23 conditions of employment shall not be changed by action of
24 either party without the consent of the other but a party may
25 so consent without prejudice to his rights or position under
26 this Act. The proceedings are deemed to be pending before
27 the arbitration panel upon the initiation of arbitration
28 procedures under this Act.
29 (m) Security officers of public employers, and Peace
30 Officers, Fire Fighters and fire department and fire
31 protection district paramedics, covered by this Section may
32 not withhold services, nor may public employers lock out or
33 prevent such employees from performing services at any time.
34 (n) All of the terms decided upon by the arbitration
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1 panel shall be included in an agreement to be submitted to
2 the public employer's governing body for ratification and
3 adoption by law, ordinance or the equivalent appropriate
4 means.
5 The governing body shall review each term decided by the
6 arbitration panel. If the governing body fails to reject one
7 or more terms of the arbitration panel's decision by a 3/5
8 vote of those duly elected and qualified members of the
9 governing body, within 20 days of issuance, or in the case of
10 firefighters employed by a state university, at the next
11 regularly scheduled meeting of the governing body after
12 issuance, such term or terms shall become a part of the
13 collective bargaining agreement of the parties. If the
14 governing body affirmatively rejects one or more terms of the
15 arbitration panel's decision, it must provide reasons for
16 such rejection with respect to each term so rejected, within
17 20 days of such rejection and the parties shall return to the
18 arbitration panel for further proceedings and issuance of a
19 supplemental decision with respect to the rejected terms.
20 Any supplemental decision by an arbitration panel or other
21 decision maker agreed to by the parties shall be submitted to
22 the governing body for ratification and adoption in
23 accordance with the procedures and voting requirements set
24 forth in this Section. The voting requirements of this
25 subsection shall apply to all disputes submitted to
26 arbitration pursuant to this Section notwithstanding any
27 contrary voting requirements contained in any existing
28 collective bargaining agreement between the parties.
29 (o) If the governing body of the employer votes to
30 reject the panel's decision, the parties shall return to the
31 panel within 30 days from the issuance of the reasons for
32 rejection for further proceedings and issuance of a
33 supplemental decision. All reasonable costs of such
34 supplemental proceeding including the exclusive
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1 representative's reasonable attorney's fees, as established
2 by the Board, shall be paid by the employer.
3 (p) Notwithstanding the provisions of this Section the
4 employer and exclusive representative may agree to submit
5 unresolved disputes concerning wages, hours, terms and
6 conditions of employment to an alternative form of impasse
7 resolution.
8 (Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
9 90-385, eff. 8-15-97; revised 10-27-97.)
10 Section 10. The State Employee Indemnification Act is
11 amended by changing Section 2 as follows:
12 (5 ILCS 350/2) (from Ch. 127, par. 1302)
13 Sec. 2. Representation and indemnification of State
14 employees.
15 (a) In the event that any civil proceeding is commenced
16 against any State employee arising out of any act or omission
17 occurring within the scope of the employee's State
18 employment, the Attorney General shall, upon timely and
19 appropriate notice to him by such employee, appear on behalf
20 of such employee and defend the action. In the event that
21 any civil proceeding is commenced against any physician who
22 is an employee of the Department of Corrections or the
23 Department of Human Services (in a position relating to the
24 Department's mental health and developmental disabilities
25 functions) alleging death or bodily injury or other injury to
26 the person of the complainant resulting from and arising out
27 of any act or omission occurring on or after December 3, 1977
28 within the scope of the employee's State employment, or
29 against any physician who is an employee of the Department of
30 Veterans' Affairs alleging death or bodily injury or other
31 injury to the person of the complainant resulting from and
32 arising out of any act or omission occurring on or after the
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1 effective date of this amendatory Act of 1988 within the
2 scope of the employee's State employment, or in the event
3 that any civil proceeding is commenced against any attorney
4 who is an employee of the State Appellate Defender alleging
5 legal malpractice or for other damages resulting from and
6 arising out of any legal act or omission occurring on or
7 after December 3, 1977, within the scope of the employee's
8 State employment, or in the event that any civil proceeding
9 is commenced against any individual or organization who
10 contracts with the Department of Labor to provide services as
11 a carnival and amusement ride safety inspector alleging
12 malpractice, death or bodily injury or other injury to the
13 person arising out of any act or omission occurring on or
14 after May 1, 1985, within the scope of that employee's State
15 employment, the Attorney General shall, upon timely and
16 appropriate notice to him by such employee, appear on behalf
17 of such employee and defend the action. Any such notice
18 shall be in writing, shall be mailed within 15 days after the
19 date of receipt by the employee of service of process, and
20 shall authorize the Attorney General to represent and defend
21 the employee in the proceeding. The giving of this notice to
22 the Attorney General shall constitute an agreement by the
23 State employee to cooperate with the Attorney General in his
24 defense of the action and a consent that the Attorney General
25 shall conduct the defense as he deems advisable and in the
26 best interests of the employee, including settlement in the
27 Attorney General's discretion. In any such proceeding, the
28 State shall pay the court costs and litigation expenses of
29 defending such action, to the extent approved by the Attorney
30 General as reasonable, as they are incurred.
31 (b) In the event that the Attorney General determines
32 that so appearing and defending an employee either (1)
33 involves an actual or potential conflict of interest, or (2)
34 that the act or omission which gave rise to the claim was not
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1 within the scope of the employee's State employment or was
2 intentional, wilful or wanton misconduct, the Attorney
3 General shall decline in writing to appear or defend or shall
4 promptly take appropriate action to withdraw as attorney for
5 such employee. Upon receipt of such declination or upon such
6 withdrawal by the Attorney General on the basis of an actual
7 or potential conflict of interest, the State employee may
8 employ his own attorney to appear and defend, in which event
9 the State shall pay the employee's court costs, litigation
10 expenses and attorneys' fees to the extent approved by the
11 Attorney General as reasonable, as they are incurred. In the
12 event that the Attorney General declines to appear or
13 withdraws on the grounds that the act or omission was not
14 within the scope of employment, or was intentional, wilful or
15 wanton misconduct, and a court or jury finds that the act or
16 omission of the State employee was within the scope of
17 employment and was not intentional, wilful or wanton
18 misconduct, the State shall indemnify the State employee for
19 any damages awarded and court costs and attorneys' fees
20 assessed as part of any final and unreversed judgment. In
21 such event the State shall also pay the employee's court
22 costs, litigation expenses and attorneys' fees to the extent
23 approved by the Attorney General as reasonable.
24 In the event that the defendant in the proceeding is an
25 elected State official, including members of the General
26 Assembly, the elected State official may retain his or her
27 attorney, provided that said attorney shall be reasonably
28 acceptable to the Attorney General. In such case the State
29 shall pay the elected State official's court costs,
30 litigation expenses, and attorneys' fees, to the extent
31 approved by the Attorney General as reasonable, as they are
32 incurred.
33 (b-5) The Attorney General may file a counterclaim on
34 behalf of a State employee, provided:
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1 (1) the Attorney General determines that the State
2 employee is entitled to representation in a civil action
3 under this Section;
4 (2) the counterclaim arises out of any act or
5 omission occurring within the scope of the employee's
6 State employment that is the subject of the civil action;
7 and
8 (3) the employee agrees in writing that if judgment
9 is entered in favor of the employee, the amount of the
10 judgment shall be applied to offset any judgment that may
11 be entered in favor of the plaintiff, and then to
12 reimburse the State treasury for court costs and
13 litigation expenses required to pursue the counterclaim.
14 The balance of the collected judgment shall be paid to
15 the State employee.
16 (c) Notwithstanding any other provision of this Section,
17 representation and indemnification of a judge under this Act
18 shall also be provided in any case where the plaintiff seeks
19 damages or any equitable relief as a result of any decision,
20 ruling or order of a judge made in the course of his or her
21 judicial or administrative duties, without regard to the
22 theory of recovery employed by the plaintiff.
23 Indemnification shall be for all damages awarded and all
24 court costs, attorney fees and litigation expenses assessed
25 against the judge. When a judge has been convicted of a crime
26 as a result of his or her intentional judicial misconduct in
27 a trial, that judge shall not be entitled to indemnification
28 and representation under this subsection in any case
29 maintained by a party who seeks damages or other equitable
30 relief as a direct result of the judge's intentional judicial
31 misconduct.
32 (d) In any such proceeding where notice in accordance
33 with this Section has been given to the Attorney General,
34 unless the court or jury finds that the conduct or inaction
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1 which gave rise to the claim or cause of action was
2 intentional, wilful or wanton misconduct and was not intended
3 to serve or benefit interests of the State, the State shall
4 indemnify the State employee for any damages awarded and
5 court costs and attorneys' fees assessed as part of any final
6 and unreversed judgment, or shall pay such judgment. Unless
7 the Attorney General determines that the conduct or inaction
8 which gave rise to the claim or cause of action was
9 intentional, wilful or wanton misconduct and was not intended
10 to serve or benefit interests of the State, the case may be
11 settled, in the Attorney General's discretion and with the
12 employee's consent, and the State shall indemnify the
13 employee for any damages, court costs and attorneys' fees
14 agreed to as part of the settlement, or shall pay such
15 settlement. Where the employee is represented by private
16 counsel, any settlement must be so approved by the Attorney
17 General and the court having jurisdiction, which shall
18 obligate the State to indemnify the employee.
19 (e) (i) Court costs and litigation expenses and other
20 costs of providing a defense or counterclaim, including
21 attorneys' fees obligated under this Section, shall be paid
22 from the State Treasury on the warrant of the Comptroller out
23 of appropriations made to the Department of Central
24 Management Services specifically designed for the payment of
25 costs, fees and expenses covered by this Section.
26 (ii) Upon entry of a final judgment against the
27 employee, or upon the settlement of the claim, the employee
28 shall cause to be served a copy of such judgment or
29 settlement, personally or by certified or registered mail
30 within thirty days of the date of entry or settlement, upon
31 the chief administrative officer of the department, office or
32 agency in which he is employed. If not inconsistent with the
33 provisions of this Section, such judgment or settlement shall
34 be certified for payment by such chief administrative officer
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1 and by the Attorney General. The judgment or settlement
2 shall be paid from the State Treasury on the warrant of the
3 Comptroller out of appropriations made to the Department of
4 Central Management Services specifically designed for the
5 payment of claims covered by this Section.
6 (f) Nothing contained or implied in this Section shall
7 operate, or be construed or applied, to deprive the State, or
8 any employee thereof, of any defense heretofore available.
9 (g) This Section shall apply regardless of whether the
10 employee is sued in his or her individual or official
11 capacity.
12 (h) This Section shall not apply to claims for bodily
13 injury or damage to property arising from motor vehicle
14 accidents.
15 (i) This Section shall apply to all proceedings filed on
16 or after its effective date, and to any proceeding pending on
17 its effective date, if the State employee gives notice to the
18 Attorney General as provided in this Section within 30 days
19 of the Act's effective date.
20 (j) The amendatory changes made to this Section by this
21 amendatory Act of 1986 shall apply to all proceedings filed
22 on or after the effective date of this amendatory Act of 1986
23 and to any proceeding pending on its effective date, if the
24 State employee gives notice to the Attorney General as
25 provided in this Section within 30 days of the effective date
26 of this amendatory Act of 1986.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
28 revised 3-28-97.)
29 Section 11. The State Salary and Annuity Withholding Act
30 is amended by changing Section 4 as follows:
31 (5 ILCS 365/4) (from Ch. 127, par. 354)
32 Sec. 4. Authorization of withholding. An employee or
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1 annuitant may authorize the withholding of a portion of his
2 salary, wages, or annuity for any one or more of the
3 following purposes:
4 (1) for purchase of United States Savings Bonds;
5 (2) for payment of premiums on life or accident and
6 health insurance as defined in Section 4 of the "Illinois
7 Insurance Code", approved June 29, 1937, as amended, and for
8 payment of premiums on policies of automobile insurance as
9 defined in Section 143.13 of the "Illinois Insurance Code",
10 as amended, and the personal multiperil coverages commonly
11 known as homeowner's insurance. However, no portion of
12 salaries, wages or annuities may be withheld to pay premiums
13 on automobile, homeowner's, life or accident and health
14 insurance policies issued by any one insurance company or
15 insurance service company unless a minimum of 100 employees
16 or annuitants insured by that company authorize the
17 withholding by an Office within 6 months after such
18 withholding begins. If such minimum is not satisfied the
19 Office may discontinue withholding for such company. For any
20 insurance company or insurance service company which has not
21 previously had withholding, the Office may allow withholding
22 for premiums, where less than 100 policies have been written,
23 to cover a probationary period. An insurance company which
24 has discontinued withholding may reinstate it upon
25 presentation of facts indicating new management or
26 re-organization satisfactory to the Office;
27 (3) for payment to any labor organization designated by
28 the employee;
29 (4) for payment of dues to any association the
30 membership of which consists of State employees and former
31 State employees;
32 (5) for deposit in any credit union, in which State
33 employees are within the field of membership as a result of
34 their employment;
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1 (6) for payment to or for the benefit of an institution
2 of higher education by an employee of that institution;
3 (7) for payment of parking fees at the underground
4 facility located south of the William G. Stratton State
5 Office Building in Springfield, the parking ramp located at
6 401 South College Street, west of the William G. Stratton
7 State Office Building in Springfield, or at the parking
8 facilities located on the Urbana-Champaign campus of the
9 University of Illinois;
10 (8) for voluntary payment to the State of Illinois of
11 amounts then due and payable to the State;
12 (9) for investment purchases made as a participant in
13 College Savings Programs established pursuant to Section
14 30-15.8a of the School Code;
15 (10) for voluntary payment to the Illinois Department of
16 Revenue of amounts due or to become due under the Illinois
17 Income Tax Act;
18 (11) for payment of optional contributions to a
19 retirement system subject to the provisions of the Illinois
20 Pension Code;.
21 (12) (10) for contributions to organizations found
22 qualified by the State Comptroller under the requirements set
23 forth in the Voluntary Payroll Deductions Act of 1983.
24 (Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
25 revised 11-17-97.)
26 Section 12. The State Employees Group Insurance Act of
27 1971 is amended by changing Sections 3 and 10 and setting
28 forth and renumbering multiple versions of Section 6.9 as
29 follows:
30 (5 ILCS 375/3) (from Ch. 127, par. 523)
31 Sec. 3. Definitions. Unless the context otherwise
32 requires, the following words and phrases as used in this Act
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1 shall have the following meanings. The Department may define
2 these and other words and phrases separately for the purpose
3 of implementing specific programs providing benefits under
4 this Act.
5 (a) "Administrative service organization" means any
6 person, firm or corporation experienced in the handling of
7 claims which is fully qualified, financially sound and
8 capable of meeting the service requirements of a contract of
9 administration executed with the Department.
10 (b) "Annuitant" means (1) an employee who retires, or
11 has retired, on or after January 1, 1966 on an immediate
12 annuity under the provisions of Articles 2, 14, 15 (including
13 an employee who has retired under the optional retirement
14 program established under Section 15-158.2), paragraphs (b)
15 or (c) of Section 16-106, or Article 18 of the Illinois
16 Pension Code; (2) any person who was receiving group
17 insurance coverage under this Act as of March 31, 1978 by
18 reason of his status as an annuitant, even though the annuity
19 in relation to which such coverage was provided is a
20 proportional annuity based on less than the minimum period of
21 service required for a retirement annuity in the system
22 involved; (3) any person not otherwise covered by this Act
23 who has retired as a participating member under Article 2 of
24 the Illinois Pension Code but is ineligible for the
25 retirement annuity under Section 2-119 of the Illinois
26 Pension Code; (4) the spouse of any person who is receiving a
27 retirement annuity under Article 18 of the Illinois Pension
28 Code and who is covered under a group health insurance
29 program sponsored by a governmental employer other than the
30 State of Illinois and who has irrevocably elected to waive
31 his or her coverage under this Act and to have his or her
32 spouse considered as the "annuitant" under this Act and not
33 as a "dependent"; or (5) an employee who retires, or has
34 retired, from a qualified position, as determined according
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1 to rules promulgated by the Director, under a qualified local
2 government or a qualified rehabilitation facility or a
3 qualified domestic violence shelter or service. (For
4 definition of "retired employee", see (p) post).
5 (b-5) "New SERS annuitant" means a person who, on or
6 after January 1, 1998, becomes an annuitant, as defined in
7 subsection (b), by virtue of beginning to receive a
8 retirement annuity under Article 14 of the Illinois Pension
9 Code, and is eligible to participate in the basic program of
10 group health benefits provided for annuitants under this Act.
11 (b-6) "New SURS annuitant" means a person who, on or
12 after January 1, 1998, becomes an annuitant, as defined in
13 subsection (b), by virtue of beginning to receive a
14 retirement annuity under Article 15 of the Illinois Pension
15 Code, and is eligible to participate in the basic program of
16 group health benefits provided for annuitants under this Act.
17 (c) "Carrier" means (1) an insurance company, a
18 corporation organized under the Limited Health Service
19 Organization Act or the Voluntary Health Services Plan Act, a
20 partnership, or other nongovernmental organization, which is
21 authorized to do group life or group health insurance
22 business in Illinois, or (2) the State of Illinois as a
23 self-insurer.
24 (d) "Compensation" means salary or wages payable on a
25 regular payroll by the State Treasurer on a warrant of the
26 State Comptroller out of any State, trust or federal fund, or
27 by the Governor of the State through a disbursing officer of
28 the State out of a trust or out of federal funds, or by any
29 Department out of State, trust, federal or other funds held
30 by the State Treasurer or the Department, to any person for
31 personal services currently performed, and ordinary or
32 accidental disability benefits under Articles 2, 14, 15
33 (including ordinary or accidental disability benefits under
34 the optional retirement program established under Section
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1 15-158.2), paragraphs (b) or (c) of Section 16-106, or
2 Article 18 of the Illinois Pension Code, for disability
3 incurred after January 1, 1966, or benefits payable under the
4 Workers' Compensation or Occupational Diseases Act or
5 benefits payable under a sick pay plan established in
6 accordance with Section 36 of the State Finance Act.
7 "Compensation" also means salary or wages paid to an employee
8 of any qualified local government or qualified rehabilitation
9 facility or a qualified domestic violence shelter or service.
10 (e) "Commission" means the State Employees Group
11 Insurance Advisory Commission authorized by this Act.
12 Commencing July 1, 1984, "Commission" as used in this Act
13 means the Illinois Economic and Fiscal Commission as
14 established by the Legislative Commission Reorganization Act
15 of 1984.
16 (f) "Contributory", when referred to as contributory
17 coverage, shall mean optional coverages or benefits elected
18 by the member toward the cost of which such member makes
19 contribution, or which are funded in whole or in part through
20 the acceptance of a reduction in earnings or the foregoing of
21 an increase in earnings by an employee, as distinguished from
22 noncontributory coverage or benefits which are paid entirely
23 by the State of Illinois without reduction of the member's
24 salary.
25 (g) "Department" means any department, institution,
26 board, commission, officer, court or any agency of the State
27 government receiving appropriations and having power to
28 certify payrolls to the Comptroller authorizing payments of
29 salary and wages against such appropriations as are made by
30 the General Assembly from any State fund, or against trust
31 funds held by the State Treasurer and includes boards of
32 trustees of the retirement systems created by Articles 2, 14,
33 15, 16 and 18 of the Illinois Pension Code. "Department"
34 also includes the Illinois Comprehensive Health Insurance
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1 Board, the Board of Examiners established under the Illinois
2 Public Accounting Act, and the Illinois Rural Bond Bank.
3 (h) "Dependent", when the term is used in the context of
4 the health and life plan, means a member's spouse and any
5 unmarried child (1) from birth to age 19 including an adopted
6 child, a child who lives with the member from the time of the
7 filing of a petition for adoption until entry of an order of
8 adoption, a stepchild or recognized child who lives with the
9 member in a parent-child relationship, or a child who lives
10 with the member if such member is a court appointed guardian
11 of the child, or (2) age 19 to 23 enrolled as a full-time
12 student in any accredited school, financially dependent upon
13 the member, and eligible as a dependent for Illinois State
14 income tax purposes, or (3) age 19 or over who is mentally or
15 physically handicapped as defined in the Illinois Insurance
16 Code. For the health plan only, the term "dependent" also
17 includes any person enrolled prior to the effective date of
18 this Section who is dependent upon the member to the extent
19 that the member may claim such person as a dependent for
20 Illinois State income tax deduction purposes; no other such
21 person may be enrolled.
22 (i) "Director" means the Director of the Illinois
23 Department of Central Management Services.
24 (j) "Eligibility period" means the period of time a
25 member has to elect enrollment in programs or to select
26 benefits without regard to age, sex or health.
27 (k) "Employee" means and includes each officer or
28 employee in the service of a department who (1) receives his
29 compensation for service rendered to the department on a
30 warrant issued pursuant to a payroll certified by a
31 department or on a warrant or check issued and drawn by a
32 department upon a trust, federal or other fund or on a
33 warrant issued pursuant to a payroll certified by an elected
34 or duly appointed officer of the State or who receives
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1 payment of the performance of personal services on a warrant
2 issued pursuant to a payroll certified by a Department and
3 drawn by the Comptroller upon the State Treasurer against
4 appropriations made by the General Assembly from any fund or
5 against trust funds held by the State Treasurer, and (2) is
6 employed full-time or part-time in a position normally
7 requiring actual performance of duty during not less than 1/2
8 of a normal work period, as established by the Director in
9 cooperation with each department, except that persons elected
10 by popular vote will be considered employees during the
11 entire term for which they are elected regardless of hours
12 devoted to the service of the State, and (3) except that
13 "employee" does not include any person who is not eligible by
14 reason of such person's employment to participate in one of
15 the State retirement systems under Articles 2, 14, 15 (either
16 the regular Article 15 system or the optional retirement
17 program established under Section 15-158.2) or 18, or under
18 paragraph (b) or (c) of Section 16-106, of the Illinois
19 Pension Code, but such term does include persons who are
20 employed during the 6 month qualifying period under Article
21 14 of the Illinois Pension Code. Such term also includes any
22 person who (1) after January 1, 1966, is receiving ordinary
23 or accidental disability benefits under Articles 2, 14, 15
24 (including ordinary or accidental disability benefits under
25 the optional retirement program established under Section
26 15-158.2), paragraphs (b) or (c) of Section 16-106, or
27 Article 18 of the Illinois Pension Code, for disability
28 incurred after January 1, 1966, (2) receives total permanent
29 or total temporary disability under the Workers' Compensation
30 Act or Occupational Disease Act as a result of injuries
31 sustained or illness contracted in the course of employment
32 with the State of Illinois, or (3) is not otherwise covered
33 under this Act and has retired as a participating member
34 under Article 2 of the Illinois Pension Code but is
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1 ineligible for the retirement annuity under Section 2-119 of
2 the Illinois Pension Code. However, a person who satisfies
3 the criteria of the foregoing definition of "employee" except
4 that such person is made ineligible to participate in the
5 State Universities Retirement System by clause (4) of
6 subsection (a) of Section 15-107 of the Illinois Pension Code
7 is also an "employee" for the purposes of this Act.
8 "Employee" also includes any person receiving or eligible for
9 benefits under a sick pay plan established in accordance with
10 Section 36 of the State Finance Act. "Employee" also includes
11 each officer or employee in the service of a qualified local
12 government, including persons appointed as trustees of
13 sanitary districts regardless of hours devoted to the service
14 of the sanitary district, and each employee in the service of
15 a qualified rehabilitation facility and each full-time
16 employee in the service of a qualified domestic violence
17 shelter or service, as determined according to rules
18 promulgated by the Director.
19 (l) "Member" means an employee, annuitant, retired
20 employee or survivor.
21 (m) "Optional coverages or benefits" means those
22 coverages or benefits available to the member on his or her
23 voluntary election, and at his or her own expense.
24 (n) "Program" means the group life insurance, health
25 benefits and other employee benefits designed and contracted
26 for by the Director under this Act.
27 (o) "Health plan" means a self-insured health insurance
28 program offered by the State of Illinois for the purposes of
29 benefiting employees by means of providing, among others,
30 wellness programs, utilization reviews, second opinions and
31 medical fee reviews, as well as for paying for hospital and
32 medical care up to the maximum coverage provided by the plan,
33 to its members and their dependents.
34 (p) "Retired employee" means any person who would be an
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1 annuitant as that term is defined herein but for the fact
2 that such person retired prior to January 1, 1966. Such term
3 also includes any person formerly employed by the University
4 of Illinois in the Cooperative Extension Service who would be
5 an annuitant but for the fact that such person was made
6 ineligible to participate in the State Universities
7 Retirement System by clause (4) of subsection (a) of Section
8 15-107 of the Illinois Pension Code.
9 (p-6) "New SURS retired employee" means a person who, on
10 or after January 1, 1998, becomes a retired employee, as
11 defined in subsection (p), by virtue of being a person
12 formerly employed by the University of Illinois in the
13 Cooperative Extension Service who would be an annuitant but
14 for the fact that he or she was made ineligible to
15 participate in the State Universities Retirement System by
16 clause (4) of subsection (a) of Section 15-107 of the
17 Illinois Pension Code, and who is eligible to participate in
18 the basic program of group health benefits provided for
19 retired employees under this Act.
20 (q) "Survivor" means a person receiving an annuity as a
21 survivor of an employee or of an annuitant. "Survivor" also
22 includes: (1) the surviving dependent of a person who
23 satisfies the definition of "employee" except that such
24 person is made ineligible to participate in the State
25 Universities Retirement System by clause (4) of subsection
26 (a) of Section 15-107 of the Illinois Pension Code; and (2)
27 the surviving dependent of any person formerly employed by
28 the University of Illinois in the Cooperative Extension
29 Service who would be an annuitant except for the fact that
30 such person was made ineligible to participate in the State
31 Universities Retirement System by clause (4) of subsection
32 (a) of Section 15-107 of the Illinois Pension Code.
33 (q-5) "New SERS survivor" means a survivor, as defined
34 in subsection (q), whose annuity is paid under Article 14 of
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1 the Illinois Pension Code and is based on the death of (i) an
2 employee whose death occurs on or after January 1, 1998, or
3 (ii) a new SERS annuitant as defined in subsection (b-5).
4 (q-6) "New SURS survivor" means a survivor, as defined
5 in subsection (q), whose annuity is paid under Article 15 of
6 the Illinois Pension Code and is based on the death of (i) an
7 employee whose death occurs on or after January 1, 1998, (ii)
8 a new SURS annuitant as defined in subsection (b-6), or (iii)
9 a new SURS retired employee as defined in subsection (p-6).
10 (r) "Medical services" means the services provided
11 within the scope of their licenses by practitioners in all
12 categories licensed under the Medical Practice Act of 1987.
13 (s) "Unit of local government" means any county,
14 municipality, township, school district, special district or
15 other unit, designated as a unit of local government by law,
16 which exercises limited governmental powers or powers in
17 respect to limited governmental subjects, any not-for-profit
18 association with a membership that primarily includes
19 townships and township officials, that has duties that
20 include provision of research service, dissemination of
21 information, and other acts for the purpose of improving
22 township government, and that is funded wholly or partly in
23 accordance with Section 85-15 of the Township Code; any
24 not-for-profit corporation or association, with a membership
25 consisting primarily of municipalities, that operates its own
26 utility system, and provides research, training,
27 dissemination of information, or other acts to promote
28 cooperation between and among municipalities that provide
29 utility services and for the advancement of the goals and
30 purposes of its membership; and the Illinois Association of
31 Park Districts. "Qualified local government" means a unit of
32 local government approved by the Director and participating
33 in a program created under subsection (i) of Section 10 of
34 this Act.
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1 (t) "Qualified rehabilitation facility" means any
2 not-for-profit organization that is accredited by the
3 Commission on Accreditation of Rehabilitation Facilities or
4 certified by the Department of Human Services (as successor
5 to the Department of Mental Health and Developmental
6 Disabilities) to provide services to persons with
7 disabilities and which receives funds from the State of
8 Illinois for providing those services, approved by the
9 Director and participating in a program created under
10 subsection (j) of Section 10 of this Act.
11 (u) "Qualified domestic violence shelter or service"
12 means any Illinois domestic violence shelter or service and
13 its administrative offices funded by the Department of Human
14 Services (as successor to the Illinois Department of Public
15 Aid), approved by the Director and participating in a program
16 created under subsection (k) of Section 10.
17 (v) "TRS benefit recipient" means a person who:
18 (1) is not a "member" as defined in this Section;
19 and
20 (2) is receiving a monthly benefit or retirement
21 annuity under Article 16 of the Illinois Pension Code;
22 and
23 (3) either (i) has at least 8 years of creditable
24 service under Article 16 of the Illinois Pension Code, or
25 (ii) was enrolled in the health insurance program offered
26 under that Article on January 1, 1996, or (iii) is the
27 survivor of a benefit recipient who had at least 8 years
28 of creditable service under Article 16 of the Illinois
29 Pension Code or was enrolled in the health insurance
30 program offered under that Article on the effective date
31 of this amendatory Act of 1995, or (iv) is a recipient or
32 survivor of a recipient of a disability benefit under
33 Article 16 of the Illinois Pension Code.
34 (w) "TRS dependent beneficiary" means a person who:
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1 (1) is not a "member" or "dependent" as defined in
2 this Section; and
3 (2) is a TRS benefit recipient's: (A) spouse, (B)
4 dependent parent who is receiving at least half of his or
5 her support from the TRS benefit recipient, or (C)
6 unmarried natural or adopted child who is (i) under age
7 19, or (ii) enrolled as a full-time student in an
8 accredited school, financially dependent upon the TRS
9 benefit recipient, eligible as a dependent for Illinois
10 State income tax purposes, and either is under age 24 or
11 was, on January 1, 1996, participating as a dependent
12 beneficiary in the health insurance program offered under
13 Article 16 of the Illinois Pension Code, or (iii) age 19
14 or over who is mentally or physically handicapped as
15 defined in the Illinois Insurance Code.
16 (x) "Military leave with pay and benefits" refers to
17 individuals in basic training for reserves, special/advanced
18 training, annual training, emergency call up, or activation
19 by the President of the United States with approved pay and
20 benefits.
21 (y) "Military leave without pay and benefits" refers to
22 individuals who enlist for active duty in a regular component
23 of the U.S. Armed Forces or other duty not specified or
24 authorized under military leave with pay and benefits.
25 (z) "Community college benefit recipient" means a person
26 who:
27 (1) is not a "member" as defined in this Section;
28 and
29 (2) is receiving a monthly survivor's annuity or
30 retirement annuity under Article 15 of the Illinois
31 Pension Code; and
32 (3) either (i) was a full-time employee of a
33 community college district or an association of community
34 college boards created under the Public Community College
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1 Act (other than an employee whose last employer under
2 Article 15 of the Illinois Pension Code was a community
3 college district subject to Article VII of the Public
4 Community College Act) and was eligible to participate in
5 a group health benefit plan as an employee during the
6 time of employment with a community college district
7 (other than a community college district subject to
8 Article VII of the Public Community College Act) or an
9 association of community college boards, or (ii) is the
10 survivor of a person described in item (i).
11 (aa) "Community college dependent beneficiary" means a
12 person who:
13 (1) is not a "member" or "dependent" as defined in
14 this Section; and
15 (2) is a community college benefit recipient's: (A)
16 spouse, (B) dependent parent who is receiving at least
17 half of his or her support from the community college
18 benefit recipient, or (C) unmarried natural or adopted
19 child who is (i) under age 19, or (ii) enrolled as a
20 full-time student in an accredited school, financially
21 dependent upon the community college benefit recipient,
22 eligible as a dependent for Illinois State income tax
23 purposes and under age 23, or (iii) age 19 or over and
24 mentally or physically handicapped as defined in the
25 Illinois Insurance Code.
26 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
27 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
28 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
29 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
30 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
31 revised 10-13-97.)
32 (5 ILCS 375/6.9)
33 Sec. 6.9. Health benefits for community college benefit
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1 recipients and community college dependent beneficiaries.
2 (a) Purpose. It is the purpose of this amendatory Act
3 of 1997 to establish a uniform program of health benefits for
4 community college benefit recipients and their dependent
5 beneficiaries under the administration of the Department of
6 Central Management Services.
7 (b) Creation of program. Beginning July 1, 1999, the
8 Department of Central Management Services shall be
9 responsible for administering a program of health benefits
10 for community college benefit recipients and community
11 college dependent beneficiaries under this Section. The
12 State Universities Retirement System and the boards of
13 trustees of the various community college districts shall
14 cooperate with the Department in this endeavor.
15 (c) Eligibility. All community college benefit
16 recipients and community college dependent beneficiaries
17 shall be eligible to participate in the program established
18 under this Section, without any interruption or delay in
19 coverage or limitation as to pre-existing medical conditions.
20 Eligibility to participate shall be determined by the State
21 Universities Retirement System. Eligibility information
22 shall be communicated to the Department of Central Management
23 Services in a format acceptable to the Department.
24 (d) Coverage. The health benefit coverage provided
25 under this Section shall be a program of health, dental, and
26 vision benefits.
27 The program of health benefits under this Section may
28 include any or all of the benefit limitations, including but
29 not limited to a reduction in benefits based on eligibility
30 for federal medicare benefits, that are provided under
31 subsection (a) of Section 6 of this Act for other health
32 benefit programs under this Act.
33 (e) Insurance rates and premiums. The Director shall
34 determine the insurance rates and premiums for community
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1 college benefit recipients and community college dependent
2 beneficiaries. Rates and premiums may be based in part on
3 age and eligibility for federal Medicare coverage. The
4 Director shall also determine premiums that will allow for
5 the establishment of an actuarially sound reserve for this
6 program.
7 The cost of health benefits under the program shall be
8 paid as follows:
9 (1) For a community college benefit recipient, up
10 to 75% of the total insurance rate shall be paid from the
11 Community College Health Insurance Security Fund.
12 (2) The balance of the rate of insurance, including
13 the entire premium for any coverage for community college
14 dependent beneficiaries that has been elected, shall be
15 paid by deductions authorized by the community college
16 benefit recipient to be withheld from his or her monthly
17 annuity or benefit payment from the State Universities
18 Retirement System; except that (i) if the balance of the
19 cost of coverage exceeds the amount of the monthly
20 annuity or benefit payment, the difference shall be paid
21 directly to the State Universities Retirement System by
22 the community college benefit recipient, and (ii) all or
23 part of the balance of the cost of coverage may, at the
24 option of the board of trustees of the community college
25 district, be paid to the State Universities Retirement
26 System by the board of the community college district
27 from which the community college benefit recipient
28 retired. The State Universities Retirement System shall
29 promptly deposit all moneys withheld by or paid to it
30 under this subdivision (e)(2) into the Community College
31 Health Insurance Security Fund. These moneys shall not
32 be considered assets of the State Universities Retirement
33 System.
34 (f) Financing. All revenues arising from the
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1 administration of the health benefit program established
2 under this Section shall be deposited into the Community
3 College Health Insurance Security Fund, which is hereby
4 created as a nonappropriated trust fund to be held outside
5 the State Treasury, with the State Treasurer as custodian.
6 Any interest earned on moneys in the Community College Health
7 Insurance Security Fund shall be deposited into the Fund.
8 Moneys in the Community College Health Insurance Security
9 Fund shall be used only to pay the costs of the health
10 benefit program established under this Section, including
11 associated administrative costs and the establishment of a
12 program reserve. Beginning January 1, 1999, the Department
13 of Central Management Services may make expenditures from the
14 Community College Health Insurance Security Fund for those
15 costs.
16 (g) Contract for benefits. The Director shall by
17 contract, self-insurance, or otherwise make available the
18 program of health benefits for community college benefit
19 recipients and their community college dependent
20 beneficiaries that is provided for in this Section. The
21 contract or other arrangement for the provision of these
22 health benefits shall be on terms deemed by the Director to
23 be in the best interest of the State of Illinois and the
24 community college benefit recipients based on, but not
25 limited to, such criteria as administrative cost, service
26 capabilities of the carrier or other contractor, and the
27 costs of the benefits.
28 (h) Continuation of program. It is the intention of the
29 General Assembly that the program of health benefits provided
30 under this Section be maintained on an ongoing, affordable
31 basis. The program of health benefits provided under this
32 Section may be amended by the State and is not intended to be
33 a pension or retirement benefit subject to protection under
34 Article XIII, Section 5 of the Illinois Constitution.
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1 (i) Other health benefit plans. A health benefit plan
2 provided by a community college district (other than a
3 community college district subject to Article VII of the
4 Public Community College Act) under the terms of a collective
5 bargaining agreement in effect on or prior to the effective
6 date of this amendatory Act of 1997 shall continue in force
7 according to the terms of that agreement, unless otherwise
8 mutually agreed by the parties to that agreement and the
9 affected retiree. A community college benefit recipient or
10 community college dependent beneficiary whose coverage under
11 such a plan expires shall be eligible to begin participating
12 in the program established under this Section without any
13 interruption or delay in coverage or limitation as to
14 pre-existing medical conditions.
15 This Act does not prohibit any community college district
16 from offering additional health benefits for its retirees or
17 their dependents or survivors.
18 (Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
19 (5 ILCS 375/6.11)
20 Sec. 6.11. 6.9. Required health benefits. The program
21 of health benefits shall provide the post-mastectomy care
22 benefits required to be covered by a policy of accident and
23 health insurance under Section 356t of the Illinois Insurance
24 Code. The program of health benefits shall provide the
25 coverage required under Section 356u of the Illinois
26 Insurance Code.
27 (Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
28 (5 ILCS 375/10) (from Ch. 127, par. 530)
29 Sec. 10. Payments by State; premiums.
30 (a) The State shall pay the cost of basic
31 non-contributory group life insurance and, subject to member
32 paid contributions set by the Department or required by this
HB1268 Enrolled -54- LRB9000999EGfg
1 Section, the basic program of group health benefits on each
2 eligible member, except a member, not otherwise covered by
3 this Act, who has retired as a participating member under
4 Article 2 of the Illinois Pension Code but is ineligible for
5 the retirement annuity under Section 2-119 of the Illinois
6 Pension Code, and part of each eligible member's and retired
7 member's premiums for health insurance coverage for enrolled
8 dependents as provided by Section 9. The State shall pay the
9 cost of the basic program of group health benefits only after
10 benefits are reduced by the amount of benefits covered by
11 Medicare for all retired members and retired dependents aged
12 65 years or older who are entitled to benefits under Social
13 Security or the Railroad Retirement system or who had
14 sufficient Medicare-covered government employment except that
15 such reduction in benefits shall apply only to those retired
16 members or retired dependents who (1) first become eligible
17 for such Medicare coverage on or after July 1, 1992; or (2)
18 remain eligible for, but no longer receive Medicare coverage
19 which they had been receiving on or after July 1, 1992. The
20 Department may determine the aggregate level of the State's
21 contribution on the basis of actual cost of medical services
22 adjusted for age, sex or geographic or other demographic
23 characteristics which affect the costs of such programs.
24 (a-1) Beginning January 1, 1998, for each person who
25 becomes a new SERS annuitant and participates in the basic
26 program of group health benefits, the State shall contribute
27 toward the cost of the annuitant's coverage under the basic
28 program of group health benefits an amount equal to 5% of
29 that cost for each full year of creditable service upon which
30 the annuitant's retirement annuity is based, up to a maximum
31 of 100% for an annuitant with 20 or more years of creditable
32 service. The remainder of the cost of a new SERS annuitant's
33 coverage under the basic program of group health benefits
34 shall be the responsibility of the annuitant.
HB1268 Enrolled -55- LRB9000999EGfg
1 (a-2) Beginning January 1, 1998, for each person who
2 becomes a new SERS survivor and participates in the basic
3 program of group health benefits, the State shall contribute
4 toward the cost of the survivor's coverage under the basic
5 program of group health benefits an amount equal to 5% of
6 that cost for each full year of the deceased employee's or
7 deceased annuitant's creditable service in the State
8 Employees' Retirement System of Illinois on the date of
9 death, up to a maximum of 100% for a survivor of an employee
10 or annuitant with 20 or more years of creditable service.
11 The remainder of the cost of the new SERS survivor's coverage
12 under the basic program of group health benefits shall be the
13 responsibility of the survivor.
14 (a-3) Beginning January 1, 1998, for each person who
15 becomes a new SURS annuitant and participates in the basic
16 program of group health benefits, the State shall contribute
17 toward the cost of the annuitant's coverage under the basic
18 program of group health benefits an amount equal to 5% of
19 that cost for each full year of creditable service upon which
20 the annuitant's retirement annuity is based, up to a maximum
21 of 100% for an annuitant with 20 or more years of creditable
22 service. The remainder of the cost of a new SURS annuitant's
23 coverage under the basic program of group health benefits
24 shall be the responsibility of the annuitant.
25 (a-4) Beginning January 1, 1998, for each person who
26 becomes a new SURS retired employee and participates in the
27 basic program of group health benefits, the State shall
28 contribute toward the cost of the retired employee's coverage
29 under the basic program of group health benefits an amount
30 equal to 5% of that cost for each full year that the retired
31 employee was an employee as defined in Section 3, up to a
32 maximum of 100% for a retired employee who was an employee
33 for 20 or more years. The remainder of the cost of a new
34 SURS retired employee's coverage under the basic program of
HB1268 Enrolled -56- LRB9000999EGfg
1 group health benefits shall be the responsibility of the
2 retired employee.
3 (a-5) Beginning January 1, 1998, for each person who
4 becomes a new SURS survivor and participates in the basic
5 program of group health benefits, the State shall contribute
6 toward the cost of the survivor's coverage under the basic
7 program of group health benefits an amount equal to 5% of
8 that cost for each full year of the deceased employee's or
9 deceased annuitant's creditable service in the State
10 Universities Employees' Retirement System of Illinois on the
11 date of death, up to a maximum of 100% for a survivor of an
12 employee or annuitant with 20 or more years of creditable
13 service. The remainder of the cost of the new SURS
14 survivor's coverage under the basic program of group health
15 benefits shall be the responsibility of the survivor.
16 (a-6) A new SERS annuitant, new SERS survivor, new SURS
17 annuitant, new SURS retired employee, or new SURS survivor
18 may waive or terminate coverage in the program of group
19 health benefits. Any such annuitant, survivor, or retired
20 employee who has waived or terminated coverage may enroll or
21 re-enroll in the program of group health benefits only during
22 the annual benefit choice period, as determined by the
23 Director; except that in the event of termination of coverage
24 due to nonpayment of premiums, the annuitant, survivor, or
25 retired employee may not re-enroll in the program.
26 (a-7) No later than May 1 of each calendar year, the
27 Director of Central Management Services shall certify in
28 writing to the Executive Secretary of the State Employees'
29 Employee's Retirement System of Illinois the amounts of the
30 Medicare supplement health care premiums and the amounts of
31 the health care premiums for all other retirees who are not
32 Medicare eligible.
33 A separate calculation of the premiums based upon the
34 actual cost of each health care plan shall be so certified.
HB1268 Enrolled -57- LRB9000999EGfg
1 The Director of Central Management Services shall provide
2 to the Executive Secretary of the State Employees' Employee's
3 Retirement System of Illinois such information, statistics,
4 and other data as he or she he/she may require to review the
5 premium amounts certified by the Director of Central
6 Management Services.
7 (b) State employees who become eligible for this program
8 on or after January 1, 1980 in positions, normally requiring
9 actual performance of duty not less than 1/2 of a normal work
10 period but not equal to that of a normal work period, shall
11 be given the option of participating in the available
12 program. If the employee elects coverage, the State shall
13 contribute on behalf of such employee to the cost of the
14 employee's benefit and any applicable dependent supplement,
15 that sum which bears the same percentage as that percentage
16 of time the employee regularly works when compared to normal
17 work period.
18 (c) The basic non-contributory coverage from the basic
19 program of group health benefits shall be continued for each
20 employee not in pay status or on active service by reason of
21 (1) leave of absence due to illness or injury, (2) authorized
22 educational leave of absence or sabbatical leave, or (3)
23 military leave with pay and benefits. This coverage shall
24 continue until expiration of authorized leave and return to
25 active service, but not to exceed 24 months for leaves under
26 item (1) or (2). This 24-month limitation and the requirement
27 of returning to active service shall not apply to persons
28 receiving ordinary or accidental disability benefits or
29 retirement benefits through the appropriate State retirement
30 system or benefits under the Workers' Compensation or
31 Occupational Disease Act.
32 (d) The basic group life insurance coverage shall
33 continue, with full State contribution, where such person is
34 (1) absent from active service by reason of disability
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1 arising from any cause other than self-inflicted, (2) on
2 authorized educational leave of absence or sabbatical leave,
3 or (3) on military leave with pay and benefits.
4 (e) Where the person is in non-pay status for a period
5 in excess of 30 days or on leave of absence, other than by
6 reason of disability, educational or sabbatical leave, or
7 military leave with pay and benefits, such person may
8 continue coverage only by making personal payment equal to
9 the amount normally contributed by the State on such person's
10 behalf. Such payments and coverage may be continued: (1)
11 until such time as the person returns to a status eligible
12 for coverage at State expense, but not to exceed 24 months,
13 (2) until such person's employment o