Full Text of SB2933 97th General Assembly
SB2933sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Personnel Code is amended by changing | 5 | | Section 8c as follows:
| 6 | | (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
| 7 | | Sec. 8c. Jurisdiction C; conditions of employment. For | 8 | | positions in the
the
State service subject to the jurisdiction | 9 | | of the Department of Central
Management Services with respect | 10 | | to conditions of employment: | 11 | | (1) For establishment of a plan for resolving employee | 12 | | grievances
and complaints, excluding compulsory arbitration.
| 13 | | (2) For hours of work, holidays, and attendance regulation | 14 | | in the
various classes of positions in the State service; for | 15 | | annual, sick and
special leaves of absence, with or without pay | 16 | | or with reduced pay; for
compensatory time off for overtime or |
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| 1 | | for pay for overtime, and for the
rate at which compensatory | 2 | | time off is to be allowed or for the rate
which is to be paid | 3 | | for overtime. If the services of an employee in the
State | 4 | | service are terminated by reason of his retirement, disability | 5 | | or
death, he, or his estate, as the case may be, shall be paid a | 6 | | lump sum,
for the number of days for leave for personal | 7 | | business which the
employee had accumulated but not used as of | 8 | | the date his services were
terminated, in an amount equal to | 9 | | 1/2 of his pay per working day times
the number of such leave | 10 | | days so accumulated and not used.
| 11 | | (3) For the development and operation of programs to | 12 | | improve the
work effectiveness and morale of employees in the | 13 | | State service,
including training, safety, health, welfare, | 14 | | counseling, recreation,
employee relations, a suggestion | 15 | | system, and others.
| 16 | | Employees whose tuition and fees are paid by the State, | 17 | | either directly
or by reimbursement, shall incur a work | 18 | | commitment to the State.
Employees whose State paid training | 19 | | has not led to a postsecondary degree
shall be obligated to | 20 | | continue in the employ of the State, but not
necessarily in the | 21 | | same agency, for a period of at least 18 months
following | 22 | | completion of the most recent course. Employees whose State | 23 | | paid
training has led to a postsecondary degree and whose State | 24 | | payments have
paid for 50% or more of the required credit hours | 25 | | shall be obligated to
continue in the employ of the State, but | 26 | | not necessarily in the same
agency, for a minimum of 4 years |
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| 1 | | after receiving the degree.
| 2 | | If the employee does not fulfill this work commitment by | 3 | | voluntarily
leaving State employment, the State may recover | 4 | | payments in a civil action
and may also recover interest at the | 5 | | rate of 1% per month from the time the
State makes payment | 6 | | until the time the State recovers the payment. The
amount the | 7 | | State may recover under this subsection (3) shall be reduced by
| 8 | | 25% of the gross amount paid by the State for each year the | 9 | | employee is
employed by the State after the employee receives a | 10 | | postsecondary degree,
and 1/18th of the gross amount paid by | 11 | | the State for each month the
employee is employed by the State | 12 | | after the employee completes the most
recent course which has | 13 | | not led to a postsecondary degree.
| 14 | | The State shall not recover payments for course work or a | 15 | | training
program that was (a) started before the effective date | 16 | | of this Act; (b)
completed as a requirement for a grammar | 17 | | school certificate or a high
school diploma, to prepare for a | 18 | | high school level General Educational
Development Test or to | 19 | | improve literacy or numeracy; (c) specialized
training in the | 20 | | form of a conference, seminar, workshop or similar
arrangement | 21 | | offered by public or private organizations; (d) provided as
| 22 | | part of the Upward Mobility Program administered by the | 23 | | Department of
Central Management Services; or (e) a condition | 24 | | of continued employment.
| 25 | | Department of State Police employees who are enrolled in an | 26 | | official
training program that lasts longer than one year shall |
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| 1 | | incur a work
commitment to the State. The work commitment shall | 2 | | be 2 months for each
month of completed training. If the | 3 | | employee fails to fulfill this work
commitment by voluntarily | 4 | | leaving State employment, the State may recover
wages in a | 5 | | civil action and may also recover interest at the rate of 1% | 6 | | per
month from the time the State makes payment until the time | 7 | | the State
recovers the payment. The amount the State may | 8 | | recover under this
subsection (3) shall be reduced by the | 9 | | number of months served after the
training is completed times | 10 | | the monthly salary at the time of separation.
| 11 | | The Department of Central Management Services shall | 12 | | promulgate rules
governing recovery activities to be used by | 13 | | all State agencies paying,
whether directly or by | 14 | | reimbursement, for employee tuition and fees. Each
such agency | 15 | | shall make necessary efforts, including pursuing appropriate
| 16 | | legal action, to recover the actual reimbursements and | 17 | | applicable interest
due the State under this subsection (3).
| 18 | | (4) For the establishment of a sick pay plan in accordance | 19 | | with Section 36
of the State Finance Act.
| 20 | | (5) For the establishment of a family responsibility leave | 21 | | plan under
which an employee in the State service may request | 22 | | and receive a leave of
absence for up to one year without | 23 | | penalty whenever such leave is requested
to enable the employee | 24 | | to meet a bona fide family responsibility of such
employee. The | 25 | | procedure for determining and documenting the existence of
a | 26 | | bona fide family responsibility shall be as provided by rule, |
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| 1 | | but without
limiting the circumstances which shall constitute a | 2 | | bona fide family
responsibility under the rules, such | 3 | | circumstances shall include leave
incident to the birth of the | 4 | | employee's child and the responsibility
thereafter to provide | 5 | | proper care to that child or to a newborn child
adopted by the | 6 | | employee, the responsibility to provide regular care to a
| 7 | | disabled, incapacitated or bedridden resident of the | 8 | | employee's household
or member of the employee's family, and | 9 | | the responsibility to furnish
special guidance, care and | 10 | | supervision to a resident of the employee's
household or member | 11 | | of the employee's family in need thereof under
circumstances | 12 | | temporarily inconsistent with uninterrupted employment in
| 13 | | State service. The family responsibility leave plan so | 14 | | established shall
provide that any such leave shall be without | 15 | | pay, that the seniority of the
employee on such leave shall not | 16 | | be reduced during the period of the leave,
that such leave | 17 | | shall not under any circumstance or for any purpose be
deemed | 18 | | to cause a break in such employee's State service, that during | 19 | | the
period of such leave any coverage of the employee or the | 20 | | employee's
dependents which existed at the commencement of the | 21 | | leave under any group
health, hospital, medical and life | 22 | | insurance plan provided through the
State shall continue so | 23 | | long as the employee pays to the State when due the
full | 24 | | premium incident to such coverage, and that upon expiration of | 25 | | the
leave the employee shall be returned to the same position | 26 | | and classification
which such employee held at the commencement |
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| 1 | | of the leave. The Director
of Central Management Services shall | 2 | | prepare proposed rules consistent with
this paragraph within 45 | 3 | | days after the effective date of this amendatory
Act of 1983, | 4 | | shall promptly thereafter cause a public hearing thereon to
be | 5 | | held as provided in Section 8 and shall within 120 days after | 6 | | the effective
date of this amendatory Act of 1983 cause such | 7 | | proposed rules to be submitted
to the Civil Service Commission | 8 | | as provided in Section 8.
| 9 | | (6) For the development and operation of a plan for | 10 | | alternative
employment for any employee who is able to perform | 11 | | alternative employment
after a work related or non-work related | 12 | | disability essentially precludes
that employee from performing | 13 | | his or her currently assigned duties.
Such a plan shall be | 14 | | voluntary for any employee and nonparticipation
shall not be | 15 | | grounds for denial of any benefit to which the employee would
| 16 | | otherwise be eligible. Any plan seeking to cover positions for | 17 | | which there
is a recognized bargaining agent shall be subject | 18 | | to collective bargaining
between the parties.
| 19 | | (7) For the development and operation of an Executive | 20 | | Development
Program to provide scholarships for the receipt of | 21 | | academic degrees or
senior executive training beyond the | 22 | | Bachelor's degree level for as many as
25 employees at any | 23 | | given 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 | 24 | | Executive
Development Program make every attempt to guarantee | 25 | | that at least 1/3 of
the employees appointed to the program | 26 | | reflect the ratio of sex, race,
and ethnicity of eligible |
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| 1 | | employees.
| 2 | | Such scholarships shall not exceed the amount established | 3 | | for tuition
and fees for the applicable advanced degree or | 4 | | training at State
universities in Illinois whether the employee | 5 | | enrolls at any Illinois public
or private institution, and | 6 | | shall not include any textbooks or equipment
such as personal | 7 | | computers.
| 8 | | The Department of Central Management Services shall make | 9 | | necessary
efforts, including appropriate legal action, to | 10 | | recover scholarships and
interest thereupon due subject to | 11 | | recovery by the State under Subparagraph
(iv) of this | 12 | | Subsection (7).
| 13 | | (Source: P.A. 91-357, eff. 7-29-99.)".
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