Public Act 93-0448

HB2955 Enrolled                      LRB093 09940 BDD 10191 b

    AN ACT concerning State employees.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The State Finance Act is amended by changing
Section 14a as follows:

    (30 ILCS 105/14a) (from Ch. 127, par. 150a)
    Sec. 14a.  Payments for  unused  benefits;  use  of  sick
leave.
    (a)  Upon  the  death  of  a  State  employee, his or her
estate is entitled to  receive  from  the  appropriation  for
personal  services  available  for  payment  of  his  or  her
compensation  such  sum  for accrued vacation period, accrued
overtime, and accrued qualifying sick  leave  as  would  have
been  paid or allowed to such employee had he or she survived
and terminated his or her employment.
    The State Comptroller shall draw a  warrant  or  warrants
against  the  appropriation,  upon  receipt of a proper death
certificate, payable to decedent's estate, or if no estate is
opened, to the  person  or  persons  entitled  thereto  under
Section  25-1  of the Probate Act of 1975 upon receipt of the
affidavit referred to in that Section, for the sum due.
    (b)  The Department of Central Management Services  shall
prescribe  by  rule  the  method  of  computing  the  accrued
vacation  period  and  accrued  overtime  for  all employees,
including those not otherwise subject  to  its  jurisdiction,
and  for  the  purposes of this Act the Department of Central
Management Services may require  such  reports  as  it  deems
necessary.   Accrued sick leave shall be computed as provided
in subsection (f).
    (c)  Unless  otherwise  provided  for  in  a   collective
bargaining   agreement   entered   into  under  the  Illinois
Educational Labor  Relations  Act,  upon  the  retirement  or
resignation  of  a  State employee from State service, his or
her accrued vacation, overtime,  and  qualifying  sick  leave
shall  be  payable  to  the  employee  in  a  single lump sum
payment.  However, if the employee returns to  employment  in
any  capacity  with  the  same agency or department within 30
days  of  the  termination  of  his  or  her  previous  State
employment, the employee must, as a condition of his  or  her
new  State  employment,  repay  the lump sum amount within 30
days after his or her new State  employment  commences.   The
amount repaid shall be deposited into the fund from which the
payment was made or the General Revenue Fund, and the accrued
vacation,  overtime  and  sick  leave upon which the lump sum
payment was based shall be credited to  the  account  of  the
employee  in  accordance  with  the rules of the jurisdiction
under which he or she is employed.
    (d)  Upon  the  movement  of  a  State  employee  from  a
position subject to  the  Personnel  Code  to  another  State
position  not subject to the Personnel Code, or to a position
subject to the Personnel  Code  from  a  State  position  not
subject  to  the  Personnel  Code,  or upon the movement of a
State employee of an institution or  agency  subject  to  the
State   Universities  Civil  Service  System  from  one  such
institution or agency to another such institution or  agency,
his or her accrued vacation, overtime and sick leave shall be
credited  to  the  employee's  account in accordance with the
rules of the jurisdiction to which the State employee  moved.
However, if the rules preclude crediting the State employee's
total  accrued vacation, overtime or sick leave to his or her
account at the jurisdiction to which he or she  is  to  move,
the   nontransferable   accrued   vacation,   overtime,   and
qualifying  sick  leave shall be payable to the employee in a
single lump sum payment by the jurisdiction from which he  or
she moved.
    (e)  Upon   the   death   of  a  State  employee  or  the
retirement, indeterminate layoff or resignation  of  a  State
employee  from  State  service,  the employee's retirement or
disability benefits shall be computed as if the employee  had
remained  in  the  State employment at his or her most recent
rate of compensation until  his  or  her  accumulated  unused
leave  for vacation, overtime, sickness and personal business
would  have  been  exhausted.   The  employing  agency  shall
certify, in writing to the employee, the  unused  leaves  the
employee  has accrued.  This certification may be held by the
employee or forwarded  to  the  retirement  fund.   Employing
agencies  not covered by the Personnel Code shall certify, in
writing to the employee, the unused leaves the  employee  has
accrued.
    (f)  Accrued  sick leave shall be computed by multiplying
1/2 of the number of days of accumulated sick  leave  by  the
daily  rate of compensation applicable to the employee at the
time of his or her death, retirement, resignation,  or  other
termination of service described in this Section.
    The  payment  for qualifying accrued sick leave after the
employee's   death,   retirement,   resignation,   or   other
termination of service provided by Public Act 83-976 shall be
for sick leave days earned on or after January  1,  1984  and
before  January  1, 1998.  Sick leave accumulated on or after
January 1, 1998 is not compensable under this Section at  the
time  of  the  employee's  death, retirement, resignation, or
other termination of service, but may be  used  to  establish
retirement  system service credit as provided in the Illinois
Pension Code.
    The  Department  of  Central  Management  Services  shall
prescribe by rule the method of computing  the  accrued  sick
leave  days  for all employees, including those not otherwise
subject to its jurisdiction.  Beginning January 1, 1998, sick
leave used by an employee shall be charged against his or her
accumulated sick leave in the following order:   first,  sick
leave  accumulated  before  January  1, 1984; then sick leave
accumulated on or after January 1,  1998;  and  finally  sick
leave  accumulated  on  or  after  January 1, 1984 but before
January 1, 1998.
(Source: P.A. 90-65, eff. 7-7-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.