Section 330.1  Definitions

 

            "Employee" for purpose of this Part means any regular officer or employee who receives salary or wages for personal service rendered to the State of Illinois.

 

            "Overtime" for purpose of this Part means any work performed by an employee in excess of the regular work schedule as directed or permitted by the agency and as regulated by Agency Rule, policy or labor agreement.

 

            "Sick Leave" for purpose of this Part means approved paid time away from work by reason of an employee's mental or physical inability to perform assigned duties or for other reasons as regulated by Agency Rule, policy or labor agreement.

 

            "Vacation" for purpose of this Part means approved paid time away from work for purpose of rest or relaxation for the employee as provided by Agency Rule, policy or labor agreement.

 

Section 330.3  Entitlement

 

Upon termination of employment from State service an employee, or the employee's estate, is entitled to lump sum payment for accrued vacation and overtime and for accrued sick leave days earned between January 1, 1984 and December 31, 1997.

 

(Source:  Amended at 24 Ill. Reg. 16653, effective October 27, 2000)

 

Section 330.5  Computation of Overtime Days

 

For purpose of this Part, overtime days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, of overtime earned by the employee during the qualifying period and subtracting any days taken or liquidated, as determined by Agency Rule, policy or labor agreement.

 

Section 330.10  Computation of Sick Leave Days

 

For purpose of this Part, sick leave days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, granted to the employee between January 1, 1984 and December 31, 1997, subtracting the number of qualifying days used between those dates as determined by Agency Rule, policy or labor agreement, and then dividing the resulting quantity by 2.

 

(Source:  Amended at 24 Ill. Reg. 16653, effective October 27, 2000)

 

Section 330.15  Computation of Vacation Days

 

For purpose of this Part, vacation days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, earned by the employee during the qualifying period and subtracting any days taken or forfeited, as determined by Agency Rule, policy or labor agreement.

 

Section 330.30  Computation of Daily Salary Rate

 

The daily salary rate for any vacation, overtime or sick leave eligible for lump sum payment pursuant to this Part shall be determined by converting the base salary or wage to an annual amount and dividing the result by the number of work days per year provided by the Agency's normal or regular work schedule.

 

Section 330.50  Interpretation and Application of this Part

 

The Director of Central Management Services shall determine the proper interpretation and application of this Part. Such interpretation and application shall not impede the authority of an entity subject to these rules to establish, grant, administer and interpret employee benefit programs pursuant to its enabling authority. The decision of the Director as to the proper interpretation or application of any provision of this Part shall be final and binding upon all parties affected thereby unless or until modified or reversed by competent jurisdiction.  Each state agency, whether or not subject to the Personnel Code, shall comply with the decision of the Director in the absence of a written opinion of the Attorney General or a finding of competent jurisdiction that such decision is unlawful.