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Sen. Robert F. Martwick
Filed: 5/4/2021
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| 1 | | AMENDMENT TO SENATE BILL 2103
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2103, AS AMENDED, |
| 3 | | with reference to page and line numbers of Senate Amendment |
| 4 | | No. 3, on page 1, by replacing "24-104" with "24-102"; and |
| 5 | | on page 3, line 1, by replacing "July 1, 2022" with "July 1, |
| 6 | | 2023"; and
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| 7 | | by replacing line 19 on page 7 through line 24 on page 8 with |
| 8 | | the following:
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| 9 | | "(40 ILCS 5/24-102) (from Ch. 108 1/2, par. 24-102)
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| 10 | | Sec. 24-102.
As used in this Article, "employee" means any |
| 11 | | person,
including a person elected, appointed or under |
| 12 | | contract, receiving
compensation from the State or a unit of |
| 13 | | local government or school
district for personal services |
| 14 | | rendered, including salaried persons. However, "employee", for |
| 15 | | the purposes of the State Employees Deferred Compensation Plan |
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| 1 | | established under Section 24-104, does not include a person |
| 2 | | employed by an employer under Section 15-106 who first becomes |
| 3 | | a participant of the retirement system under Article 15 on or |
| 4 | | after July 1, 2023 unless the person has made an election to |
| 5 | | defer compensation into the State Employees Deferred |
| 6 | | Compensation Plan under a written agreement and the deferral |
| 7 | | election is in effect as of June 30, 2023. A health care |
| 8 | | provider who elects to participate in the State Employees |
| 9 | | Deferred Compensation Plan established under Section 24-104 of |
| 10 | | this Code shall, for purposes of that participation, be deemed |
| 11 | | an "employee" as defined in this Section.
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| 12 | | As used in this Article, "health care provider" means a |
| 13 | | dentist, physician, optometrist, pharmacist, or podiatric |
| 14 | | physician that participates and receives compensation as a |
| 15 | | provider under the Illinois Public Aid Code, the Children's |
| 16 | | Health Insurance Act, or the Covering ALL KIDS Health |
| 17 | | Insurance Act. |
| 18 | | As used in this Article, "compensation" includes |
| 19 | | compensation received
in a lump sum for accumulated unused |
| 20 | | vacation, personal leave or sick leave, with the exception of |
| 21 | | health care providers. "Compensation" with respect to health |
| 22 | | care providers is defined under the Illinois Public Aid Code, |
| 23 | | the Children's Health Insurance Act, or the Covering ALL KIDS |
| 24 | | Health Insurance Act.
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| 25 | | Where applicable, in no event shall the total of the |
| 26 | | amount of deferred compensation of an
employee set aside in |
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| 1 | | relation to a particular year under the Illinois
State |
| 2 | | Employees Deferred Compensation Plan and the employee's
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| 3 | | nondeferred compensation for that year exceed the total annual |
| 4 | | salary or
compensation under the existing salary schedule or |
| 5 | | classification plan
applicable to such employee in such year; |
| 6 | | except that any compensation
received in a lump sum for |
| 7 | | accumulated unused vacation, personal leave or sick
leave |
| 8 | | shall not be included in the calculation of such totals.
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| 9 | | (Source: P.A. 98-214, eff. 8-9-13.)".
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