Full Text of HB4933 93rd General Assembly
HB4933 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4933
Introduced 02/05/04, by Michael K. Smith SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/15-107 |
from Ch. 108 1/2, par. 15-107 |
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Amends the State Universities Article of the Illinois Pension Code. Changes
the definition of the term "employee" to include individuals who were
participating employees employed by the Board of Higher Education for the
Illinois Century Network prior to July 1, 2004 for as long as those individuals remain employed by the
Department of Central Management Services in a position with the Illinois
Century Network. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB4933 |
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LRB093 19594 LRD 45335 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 15-107
as follows:
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| (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
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| Sec. 15-107. Employee.
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| (a) "Employee" means any member of the educational, | 9 |
| administrative,
secretarial, clerical, mechanical, labor or | 10 |
| other staff of an employer
whose employment is permanent and | 11 |
| continuous or who is employed in a
position in which services | 12 |
| are expected to be rendered on a continuous
basis for at least | 13 |
| 4 months or one academic term, whichever is less, who
(A) | 14 |
| receives payment for personal services on a warrant issued | 15 |
| pursuant to
a payroll voucher certified by an employer and | 16 |
| drawn by the State
Comptroller upon the State Treasurer or by | 17 |
| an employer upon trust, federal
or other funds, or (B) is on a | 18 |
| leave of absence without pay. Employment
which is irregular, | 19 |
| intermittent or temporary shall not be considered
continuous | 20 |
| for purposes of this paragraph.
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| However, a person is not an "employee" if he or she:
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| (1) is a student enrolled in and regularly attending | 23 |
| classes in a
college or university which is an employer, | 24 |
| and is employed on a temporary
basis at less than full | 25 |
| time;
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| (2) is currently receiving a retirement annuity or a | 27 |
| disability
retirement annuity under Section 15-153.2 from | 28 |
| this System;
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| (3) is on a military leave of absence;
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| (4) is eligible to participate in the Federal Civil | 31 |
| Service Retirement
System and is currently making | 32 |
| contributions to that system based upon
earnings paid by an |
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| employer;
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| (5) is on leave of absence without pay for more than 60 | 3 |
| days
immediately following termination of disability | 4 |
| benefits under this
Article;
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| (6) is hired after June 30, 1979 as a public service | 6 |
| employment program
participant under the Federal | 7 |
| Comprehensive Employment and Training Act
and receives | 8 |
| earnings in whole or in part from funds provided under that
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| Act; or
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| (7) is employed on or after July 1, 1991 to perform | 11 |
| services that
are excluded by subdivision (a)(7)(f) or | 12 |
| (a)(19) of Section 210 of the
federal Social Security Act | 13 |
| from the definition of employment given in that
Section (42 | 14 |
| U.S.C. 410).
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| (b) Any employer may, by filing a written notice with the | 16 |
| board, exclude
from the definition of "employee" all persons | 17 |
| employed pursuant to a federally
funded contract entered into | 18 |
| after July 1, 1982 with a federal military
department in a | 19 |
| program providing training in military courses to federal
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| military personnel on a military site owned by the United | 21 |
| States Government,
if this exclusion is not prohibited by the | 22 |
| federally funded contract or
federal laws or rules governing | 23 |
| the administration of the contract.
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| (c) Any person appointed by the Governor under the Civil | 25 |
| Administrative
Code of the State is an employee, if he or she | 26 |
| is a participant in this
system on the effective date of the | 27 |
| appointment.
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| (d) A participant on lay-off status under civil service | 29 |
| rules is
considered an employee for not more than 120 days from | 30 |
| the date of the lay-off.
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| (e) A participant is considered an employee during (1) the | 32 |
| first 60 days
of disability leave, (2) the period, not to | 33 |
| exceed one year, in which his
or her eligibility for disability | 34 |
| benefits is being considered by the board
or reviewed by the | 35 |
| courts, and (3) the period he or she receives disability
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| benefits under the provisions of Section 15-152, workers' |
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| compensation or
occupational disease benefits, or disability | 2 |
| income under an insurance
contract financed wholly or partially | 3 |
| by the employer.
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| (f) Absences without pay, other than formal leaves of | 5 |
| absence, of less
than 30 calendar days, are not considered as | 6 |
| an interruption of a person's
status as an employee. If such | 7 |
| absences during any period of 12 months
exceed 30 work days, | 8 |
| the employee status of the person is considered as
interrupted | 9 |
| as of the 31st work day.
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| (g) A staff member whose employment contract requires | 11 |
| services during
an academic term is to be considered an | 12 |
| employee during the summer and
other vacation periods, unless | 13 |
| he or she declines an employment contract
for the succeeding | 14 |
| academic term or his or her employment status is
otherwise | 15 |
| terminated, and he or she receives no earnings during these | 16 |
| periods.
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| (h) An individual who was a participating employee employed | 18 |
| in the fire
department of the University of Illinois's | 19 |
| Champaign-Urbana campus immediately
prior to the elimination | 20 |
| of that fire department and who immediately after the
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| elimination of that fire department became employed by the fire | 22 |
| department of
the City of Urbana or the City of Champaign shall | 23 |
| continue to be considered as
an employee for purposes of this | 24 |
| Article for so long as the individual remains
employed as a | 25 |
| firefighter by the City of Urbana or the City of Champaign. The
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| individual shall cease to be considered an employee under this | 27 |
| subsection (h)
upon the first termination of the individual's | 28 |
| employment as a firefighter by
the City of Urbana or the City | 29 |
| of Champaign.
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| (i) An individual who is employed on a full-time basis as | 31 |
| an officer
or employee of a statewide teacher organization that | 32 |
| serves System
participants or an officer of a national teacher | 33 |
| organization that serves
System participants may participate | 34 |
| in the System and shall be deemed an
employee, provided that | 35 |
| (1) the individual has previously earned
creditable service | 36 |
| under this Article, (2) the individual files with the
System an |
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| irrevocable election to become a participant, and (3) the
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| individual does not receive credit for that employment under | 3 |
| any other Article
of this Code. An employee under this | 4 |
| subsection (i) is responsible for paying
to the System both (A) | 5 |
| employee contributions based on the actual compensation
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| received for service with the teacher organization and (B) | 7 |
| employer
contributions equal to the normal costs (as defined in | 8 |
| Section 15-155)
resulting from that service; all or any part of | 9 |
| these contributions may be
paid on the employee's behalf or | 10 |
| picked up for tax purposes (if authorized
under federal law) by | 11 |
| the teacher organization.
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| A person who is an employee as defined in this subsection | 13 |
| (i) may establish
service credit for similar employment prior | 14 |
| to becoming an employee under this
subsection by paying to the | 15 |
| System for that employment the contributions
specified in this | 16 |
| subsection, plus interest at the effective rate from the
date | 17 |
| of service to the date of payment. However, credit shall not be | 18 |
| granted
under this subsection for any such prior employment for | 19 |
| which the applicant
received credit under any other provision | 20 |
| of this Code, or during which
the applicant was on a leave of | 21 |
| absence under Section 15-113.2.
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| (j) An individual who was a participating employee employed | 23 |
| by
the Illinois Board of Higher Education for the Illinois | 24 |
| Century Network
prior to July 1, 2004 and who, after June 30, | 25 |
| 2004, becomes
employed by the Department of Central Management | 26 |
| Services shall continue to be
considered an employee for | 27 |
| purposes of this Article for so long as the
individual remains | 28 |
| employed by the Department of Central Management Services in
a | 29 |
| position with the Illinois Century Network. The individual | 30 |
| shall cease to be
considered an employee under this subsection | 31 |
| (j) upon first termination of the
individual's employment from | 32 |
| a position with the Illinois Century Network under
the | 33 |
| Department of
Central Management Services.
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| (Source: P.A. 93-347, eff. 7-24-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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