Full Text of SB2310 101st General Assembly
SB2310 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2310 Introduced 11/14/2019, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
| 5 ILCS 415/5 | | 5 ILCS 415/10 | |
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Amends the Government Severance Pay Act. Provides that a contract containing a severance pay provision must include, among other requirements, a requirement that if a provision to transition into a different position is included in the contract, then the contract must include a provision that compensation may not exceed the annual compensation of the highest paid employee in the relevant department to which a person is transitioning. Specifies that the provisions are declarative of existing law and shall not be construed as a new enactment. Modifies the definition of "severance pay". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Government Severance Pay Act is amended by | 5 | | changing Sections 5 and 10 as follows: | 6 | | (5 ILCS 415/5)
| 7 | | Sec. 5. Definitions. As used in this Act:
| 8 | | "Misconduct" includes, but is not limited to, the | 9 | | following:
| 10 | | (1) Conduct demonstrating conscious disregard of an | 11 | | employer's interests and found to be a deliberate violation | 12 | | or disregard of the reasonable standards of behavior which | 13 | | the employer expects of his or her employee. Such conduct | 14 | | may include, but is not limited to, willful damage to an | 15 | | employer's property that results in damage of more than | 16 | | $50, or theft of employer property or property of a | 17 | | customer or invitee of the employer.
| 18 | | (2) Carelessness or negligence to a degree or | 19 | | recurrence that manifests culpability or wrongful intent, | 20 | | or shows an intentional and substantial disregard of the | 21 | | employer's interests or of the employee's duties and | 22 | | obligations to his or her employer.
| 23 | | (3) Chronic absenteeism or tardiness in deliberate |
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| 1 | | violation of a known policy of the employer or one or more | 2 | | unapproved absences following a written reprimand or | 3 | | warning relating to more than one unapproved absence.
| 4 | | (4) A willful and deliberate violation of a standard or | 5 | | regulation of this State by an employee of an employer | 6 | | licensed or certified by this State, which violation would | 7 | | cause the employer to be sanctioned or have its license or | 8 | | certification suspended by this State.
| 9 | | (5) A violation of an employer's rule, unless the | 10 | | claimant can demonstrate that:
| 11 | | (A) he or she did not know, and could not | 12 | | reasonably know, of the rule's requirements;
| 13 | | (B) the rule is not lawful or not reasonably | 14 | | related to the job environment and performance; or
| 15 | | (C) the rule is not fairly or consistently | 16 | | enforced.
| 17 | | (6) Other conduct, including, but not limited to, | 18 | | committing criminal assault or battery on another | 19 | | employee, or on a customer or invitee of the employer, or | 20 | | committing abuse or neglect of a patient, resident, | 21 | | disabled person, elderly person, or child in her or his | 22 | | professional care.
| 23 | | "Severance pay" means the actual or constructive | 24 | | compensation, including salary, benefits, or perquisites, for | 25 | | employment services yet to be rendered which is provided to an | 26 | | employee who has recently been or is about to be terminated , or |
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| 1 | | an employee who is transitioning to a new position within the | 2 | | unit of government for which he or she is employed .
| 3 | | "Unit of government" means and includes all boards, | 4 | | commissions, agencies, institutions, authorities, and bodies | 5 | | politic and corporate of the State, created by or in accordance | 6 | | with the constitution or statute, of the executive branch of | 7 | | State government and does include colleges, universities, and | 8 | | institutions under the jurisdiction of the governing boards of | 9 | | the University of Illinois, Southern Illinois University, | 10 | | Illinois State University, Eastern Illinois University, | 11 | | Northern Illinois University, Western Illinois University, | 12 | | Chicago State University, Governors State University, | 13 | | Northeastern Illinois University, and the Board of Higher | 14 | | Education. "Unit of government" also includes units of local | 15 | | government, school districts, and community colleges under the | 16 | | Public Community College Act.
| 17 | | (Source: P.A. 100-895, eff. 1-1-19 .) | 18 | | (5 ILCS 415/10)
| 19 | | Sec. 10. Severance pay.
| 20 | | (a) A unit of government that enters into a contract or | 21 | | employment agreement, or renewal or renegotiation of an | 22 | | existing contract or employment agreement, that contains a | 23 | | provision for severance pay with an officer, agent, employee, | 24 | | or contractor must include the following provisions in the | 25 | | contract:
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| 1 | | (1) a requirement that severance pay provided may not | 2 | | exceed an amount greater than 20 weeks of compensation; and
| 3 | | (2) a prohibition of provision of severance pay when | 4 | | the officer, agent, employee, or contractor has been fired | 5 | | for misconduct by the unit of government ; and . | 6 | | (3) a requirement that if a provision to transition | 7 | | into a different position is included in the contract, then | 8 | | the contract must include a provision that compensation may | 9 | | not exceed the annual compensation of the highest paid | 10 | | employee in the relevant department to which that person is | 11 | | transitioning.
| 12 | | (b) Nothing in this Section creates an entitlement to | 13 | | severance pay in the absence of its contractual authorization | 14 | | or as otherwise authorized by law.
| 15 | | (c) Notwithstanding any other provision to the contrary, | 16 | | this Act shall not apply to contracts or employment agreements | 17 | | for individuals employed by the department of intercollegiate | 18 | | athletics of a college or university when the employee's | 19 | | compensation is funded by non-State-appropriated funds, such | 20 | | as revenues generated by athletic events or activities, gifts | 21 | | or donations, or any combination thereof. Nothing in this | 22 | | Section entitles an individual employed by the department of | 23 | | intercollegiate athletics of a college or university to receive | 24 | | severance pay when that individual has been dismissed for | 25 | | misconduct. | 26 | | (d) The changes made by this amendatory Act of the 101st |
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| 1 | | General Assembly are declarative of existing law and shall not | 2 | | be construed as a new enactment. | 3 | | (Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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