Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/24-102

(40 ILCS 5/24-102) (from Ch. 108 1/2, par. 24-102)

Sec. 24-102.

As used in this Article, "employee" means any person,
including a person elected, appointed or under contract, receiving
compensation from the State or a unit of local government or school
district for personal services rendered, including salaried persons. However, "employee", for the purposes of the State Employees Deferred Compensation Plan established under Section 24-104, does not include a person employed by an employer under Section 15-106 who first becomes a participant of the retirement system under Article 15 on or after July 1, 2023 unless the person has made an election to defer compensation into the State Employees Deferred Compensation Plan under a written agreement and the deferral election is in effect as of June 30, 2023. A health care provider who elects to participate in the State Employees Deferred Compensation Plan established under Section 24-104 of this Code shall, for purposes of that participation, be deemed an "employee" as defined in this Section.

As used in this Article, "health care provider" means a dentist, physician, optometrist, pharmacist, or podiatric physician that participates and receives compensation as a provider under the Illinois Public Aid Code, the Children's Health Insurance Act, or the Covering ALL KIDS Health Insurance Act.

As used in this Article, "compensation" includes compensation received
in a lump sum for accumulated unused vacation, personal leave or sick leave, with the exception of health care providers. "Compensation" with respect to health care providers is defined under the Illinois Public Aid Code, the Children's Health Insurance Act, or the Covering ALL KIDS Health Insurance Act.

Where applicable, in no event shall the total of the amount of deferred compensation of an
employee set aside in relation to a particular year under the Illinois
State Employees Deferred Compensation Plan and the employee's
nondeferred compensation for that year exceed the total annual salary or
compensation under the existing salary schedule or classification plan
applicable to such employee in such year; except that any compensation
received in a lump sum for accumulated unused vacation, personal leave or sick
leave shall not be included in the calculation of such totals.

(Source: P.A. 102-540, eff. 8-20-21.)