Sen. Susan Garrett

Filed: 3/1/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2933

2    AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Personnel Code is amended by changing
5Section 8c as follows:
 
6    (20 ILCS 415/8c)  (from Ch. 127, par. 63b108c)
7    Sec. 8c. Jurisdiction C; conditions of employment. For
8positions in the the State service subject to the jurisdiction
9of the Department of Central Management Services with respect
10to conditions of employment:
11    (1) For establishment of a plan for resolving employee
12grievances and complaints, excluding compulsory arbitration.
13    (2) For hours of work, holidays, and attendance regulation
14in the various classes of positions in the State service; for
15annual, sick and special leaves of absence, with or without pay
16or with reduced pay; for compensatory time off for overtime or

 

 

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1for pay for overtime, and for the rate at which compensatory
2time off is to be allowed or for the rate which is to be paid
3for overtime. If the services of an employee in the State
4service are terminated by reason of his retirement, disability
5or death, he, or his estate, as the case may be, shall be paid a
6lump sum, for the number of days for leave for personal
7business which the employee had accumulated but not used as of
8the date his services were terminated, in an amount equal to
91/2 of his pay per working day times the number of such leave
10days so accumulated and not used.
11    (3) For the development and operation of programs to
12improve the work effectiveness and morale of employees in the
13State service, including training, safety, health, welfare,
14counseling, recreation, employee relations, a suggestion
15system, and others.
16    Employees whose tuition and fees are paid by the State,
17either directly or by reimbursement, shall incur a work
18commitment to the State. Employees whose State paid training
19has not led to a postsecondary degree shall be obligated to
20continue in the employ of the State, but not necessarily in the
21same agency, for a period of at least 18 months following
22completion of the most recent course. Employees whose State
23paid training has led to a postsecondary degree and whose State
24payments have paid for 50% or more of the required credit hours
25shall be obligated to continue in the employ of the State, but
26not necessarily in the same agency, for a minimum of 4 years

 

 

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1after receiving the degree.
2    If the employee does not fulfill this work commitment by
3voluntarily leaving State employment, the State may recover
4payments in a civil action and may also recover interest at the
5rate of 1% per month from the time the State makes payment
6until the time the State recovers the payment. The amount the
7State may recover under this subsection (3) shall be reduced by
825% of the gross amount paid by the State for each year the
9employee is employed by the State after the employee receives a
10postsecondary degree, and 1/18th of the gross amount paid by
11the State for each month the employee is employed by the State
12after the employee completes the most recent course which has
13not led to a postsecondary degree.
14    The State shall not recover payments for course work or a
15training program that was (a) started before the effective date
16of this Act; (b) completed as a requirement for a grammar
17school certificate or a high school diploma, to prepare for a
18high school level General Educational Development Test or to
19improve literacy or numeracy; (c) specialized training in the
20form of a conference, seminar, workshop or similar arrangement
21offered by public or private organizations; (d) provided as
22part of the Upward Mobility Program administered by the
23Department of Central Management Services; or (e) a condition
24of continued employment.
25    Department of State Police employees who are enrolled in an
26official training program that lasts longer than one year shall

 

 

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1incur a work commitment to the State. The work commitment shall
2be 2 months for each month of completed training. If the
3employee fails to fulfill this work commitment by voluntarily
4leaving State employment, the State may recover wages in a
5civil action and may also recover interest at the rate of 1%
6per month from the time the State makes payment until the time
7the State recovers the payment. The amount the State may
8recover under this subsection (3) shall be reduced by the
9number of months served after the training is completed times
10the monthly salary at the time of separation.
11    The Department of Central Management Services shall
12promulgate rules governing recovery activities to be used by
13all State agencies paying, whether directly or by
14reimbursement, for employee tuition and fees. Each such agency
15shall make necessary efforts, including pursuing appropriate
16legal action, to recover the actual reimbursements and
17applicable interest due the State under this subsection (3).
18    (4) For the establishment of a sick pay plan in accordance
19with Section 36 of the State Finance Act.
20    (5) For the establishment of a family responsibility leave
21plan under which an employee in the State service may request
22and receive a leave of absence for up to one year without
23penalty whenever such leave is requested to enable the employee
24to meet a bona fide family responsibility of such employee. The
25procedure for determining and documenting the existence of a
26bona fide family responsibility shall be as provided by rule,

 

 

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1but without limiting the circumstances which shall constitute a
2bona fide family responsibility under the rules, such
3circumstances shall include leave incident to the birth of the
4employee's child and the responsibility thereafter to provide
5proper care to that child or to a newborn child adopted by the
6employee, the responsibility to provide regular care to a
7disabled, incapacitated or bedridden resident of the
8employee's household or member of the employee's family, and
9the responsibility to furnish special guidance, care and
10supervision to a resident of the employee's household or member
11of the employee's family in need thereof under circumstances
12temporarily inconsistent with uninterrupted employment in
13State service. The family responsibility leave plan so
14established shall provide that any such leave shall be without
15pay, that the seniority of the employee on such leave shall not
16be reduced during the period of the leave, that such leave
17shall not under any circumstance or for any purpose be deemed
18to cause a break in such employee's State service, that during
19the period of such leave any coverage of the employee or the
20employee's dependents which existed at the commencement of the
21leave under any group health, hospital, medical and life
22insurance plan provided through the State shall continue so
23long as the employee pays to the State when due the full
24premium incident to such coverage, and that upon expiration of
25the leave the employee shall be returned to the same position
26and classification which such employee held at the commencement

 

 

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1of the leave. The Director of Central Management Services shall
2prepare proposed rules consistent with this paragraph within 45
3days after the effective date of this amendatory Act of 1983,
4shall promptly thereafter cause a public hearing thereon to be
5held as provided in Section 8 and shall within 120 days after
6the effective date of this amendatory Act of 1983 cause such
7proposed rules to be submitted to the Civil Service Commission
8as provided in Section 8.
9    (6) For the development and operation of a plan for
10alternative employment for any employee who is able to perform
11alternative employment after a work related or non-work related
12disability essentially precludes that employee from performing
13his or her currently assigned duties. Such a plan shall be
14voluntary for any employee and nonparticipation shall not be
15grounds for denial of any benefit to which the employee would
16otherwise be eligible. Any plan seeking to cover positions for
17which there is a recognized bargaining agent shall be subject
18to collective bargaining between the parties.
19    (7) For the development and operation of an Executive
20Development Program to provide scholarships for the receipt of
21academic degrees or senior executive training beyond the
22Bachelor's degree level for as many as 25 employees at any
23given time:
24        (i) each of whom is nominated for such scholarship by
25    the head of the employee's agency and approved by the
26    Director;

 

 

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1        (ii) who are subject to Term Appointment under Section
2    8b.18 or who would be subject to such Term Appointment but
3    for Federal funding or who are exempt from Jurisdiction B
4    under subsections (2), (3) or (6) of Section 4d of this
5    Act:
6        (iii) who meet the admission standards established by
7    the institution awarding the advanced degree or conducting
8    the training;
9        (iv) each of whom agrees, as a condition of accepting
10    such scholarship, that the State may recover the
11    scholarship by garnishment, lien or other appropriate
12    legal action if the employee fails to continue in the
13    employ of the State, but not necessarily in the same
14    agency, for a minimum of 4 years following receipt of an
15    advanced degree or training and that the State may charge
16    interest from the time of payment until the time of
17    recovery of such scholarship of no less than 1% per month
18    or 12% per annum on all funds recovered by the State. The
19    amount the State may recover under this Section will be
20    reduced by 25% of the gross amount paid by the State for
21    each year of employment following receipt of the advanced
22    degree or training.
23    The Director shall in approving eligible employees for the
24Executive Development Program make every attempt to guarantee
25that at least 1/3 of the employees appointed to the program
26reflect the ratio of sex, race, and ethnicity of eligible

 

 

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1employees.
2    Such scholarships shall not exceed the amount established
3for tuition and fees for the applicable advanced degree or
4training at State universities in Illinois whether the employee
5enrolls at any Illinois public or private institution, and
6shall not include any textbooks or equipment such as personal
7computers.
8    The Department of Central Management Services shall make
9necessary efforts, including appropriate legal action, to
10recover scholarships and interest thereupon due subject to
11recovery by the State under Subparagraph (iv) of this
12Subsection (7).
13(Source: P.A. 91-357, eff. 7-29-99.)".