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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art. 10 Div. 4
(65 ILCS 5/Art. 10 Div. 4 heading)
DIVISION 4.
GENERAL CORPORATE POWERS
RESPECTING EMPLOYMENT
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65 ILCS 5/10-4-1
(65 ILCS 5/10-4-1) (from Ch. 24, par. 10-4-1)
Sec. 10-4-1.
The corporate authorities of any municipality may provide by
ordinance in regard to the relation between all municipal officers and
employees in respect to each other, the municipality, and the people.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-4-2
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may arrange
to provide, for the benefit of employees of the municipality, group life,
health, accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, and may arrange to provide that
insurance for the benefit of the spouses or dependents of those employees.
The insurance may include provision for employees or other insured persons
who rely on treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized religious
denomination. The corporate authorities may provide for payment by the
municipality of a portion of the premium or charge for the insurance with
the employee paying the balance of the premium or charge. If the corporate
authorities undertake a plan under which the municipality pays a portion of
the premium or charge, the corporate authorities shall provide for
withholding and deducting from the compensation of those municipal
employees who consent to join the plan the balance of the premium or charge
for the insurance.
(b) If the corporate authorities do not provide for a plan under which
the municipality pays a portion of the premium or charge for a group
insurance plan, the corporate authorities may provide for withholding
and deducting from the compensation of those employees who consent thereto
the premium or charge for any group life, health, accident, hospital, and
medical insurance.
(c) The corporate authorities may exercise the powers granted in this
Section only if the kinds of group insurance are obtained from an
insurance company authorized to do business
in the State of Illinois,
or are obtained through an
intergovernmental joint self-insurance pool as authorized under the
Intergovernmental Cooperation Act.
The
corporate authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance coverage for its
employees, the insurance coverage shall include screening by low-dose
mammography for all women 35 years of age or older for the presence of
occult breast cancer unless the municipality elects to provide mammograms
itself under Section 10-4-2.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of | |
(2) An annual mammogram for women 40 years of age or
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(3) A mammogram at the age and intervals considered
| | medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.
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| (4) For a group policy of accident and health
| | insurance that is amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, a comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue or when medically necessary as determined by a physician licensed to practice medicine in all of its branches.
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| (5) For a group policy of accident and health
| | insurance that is amended, delivered, issued, or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, a diagnostic mammogram when medically necessary, as determined by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant.
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| A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223).
For purposes of this subsection:
"Diagnostic
mammogram" means a mammogram obtained using diagnostic mammography.
"Diagnostic
mammography" means a method of screening that is designed to
evaluate an abnormality in a breast, including an abnormality seen
or suspected on a screening mammogram or a subjective or objective
abnormality otherwise detected in the breast.
"Low-dose mammography"
means the x-ray examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube, filter, compression
device, and image receptor, with an average radiation exposure
delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.
(d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.
(d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include:
(1) reconstruction of the breast upon which the
| | mastectomy has been performed;
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| (2) surgery and reconstruction of the other breast to
| | produce a symmetrical appearance; and
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| (3) prostheses and treatment for physical
| | complications at all stages of mastectomy, including lymphedemas.
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| Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician.
A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.
(d-20) The
requirement that mammograms be included in health insurance coverage as
provided in subsections (d) through (d-15) is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule municipality
powers. A home rule municipality to which subsections (d) through (d-15) apply must
comply with every provision of those subsections.
(e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 100-863, eff. 8-14-18; 101-580, eff. 1-1-20 .)
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65 ILCS 5/10-4-2.1
(65 ILCS 5/10-4-2.1) (from Ch. 24, par. 10-4-2.1)
Sec. 10-4-2.1.
Mammograms.
A municipality, including a home rule
municipality, that does not provide insurance coverage of mammograms under
Section 10-4-2 shall itself provide or cause to be provided to its
employees mammograms that meet the requirements set forth in that Section.
The requirement that mammograms be provided by municipalities as provided
in this Section is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of home rule municipality powers. A home rule
municipality to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 87-780.)
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65 ILCS 5/10-4-2.2
(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2.
Post-parturition care.
If a municipality,
including a home rule municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition care be covered
as provided in this Section is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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65 ILCS 5/10-4-2.3 (65 ILCS 5/10-4-2.3) (Text of Section from P.A. 103-84, 103-91, 103-420, 103-445, and 103-535) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23.) (Text of Section from P.A. 103-551) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.62 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.) |
65 ILCS 5/10-4-2.5 (65 ILCS 5/10-4-2.5) Sec. 10-4-2.5. Access to obstetrical and gynecological care. The corporate authorities of all municipalities are subject to the provisions of Section 356r of the Illinois Insurance Code. The requirement under this Section that health care benefits provided by municipalities comply with Section 356r of the Illinois Insurance Code is an exclusive power and function of the State and is a denial and limitation of home rule municipality powers under Article VII, Section 6, subsection (h) of the Illinois Constitution. (Source: P.A. 103-718, eff. 7-19-24.) |
65 ILCS 5/10-4-2.8
(65 ILCS 5/10-4-2.8)
Sec. 10-4-2.8.
Managed Care Reform and Patient Rights Act.
The corporate
authorities
of all municipalities are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by municipalities comply with the
Managed Care Reform and Patient Rights Act is an exclusive power and function
of
the State
and is a denial and limitation of home rule municipality powers under Article
VII, Section 6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
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65 ILCS 5/10-4-3
(65 ILCS 5/10-4-3) (from Ch. 24, par. 10-4-3)
Sec. 10-4-3.
The corporate authorities of any municipality may withhold and
deduct from the compensation of each of its employees who consents thereto,
a specified amount each pay period for the purchase of United States
Savings Bonds for the benefit of such employee and in such denomination as
may be stated. The account of each employee shall be kept separate. As
often as the individual account of any such employee contains a credit
sufficient to purchase a bond of the denomination stated, the withholding
officer shall arrange for or make such purchase as directed by such
employee, and shall deliver such bond to such employee.
Whenever any employee is separated from municipal service, any sum to
his credit in such withheld compensation funds shall be paid to him or to
his estate on request.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/10-4-4
(65 ILCS 5/10-4-4) (from Ch. 24, par. 10-4-4)
Sec. 10-4-4.
In municipalities of more than 500,000, the corporate
authorities may investigate the enforcement of the municipal ordinances,
rules and regulations, and the action, conduct and efficiency of all
officers, agents and employees of the municipality. In the conduct of
such investigations the corporate authorities may hold public hearings.
Each member of the corporate authorities shall have power to administer
oaths, and the clerk of the municipality, by order of the corporate
authorities, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant
to such investigations and to any hearing before the corporate
authorities or any member thereof.
Any circuit court of this state upon application of the
corporate authorities, or any member thereof, may in its
discretion compel the attendance of witnesses, the production of books
and papers, and the giving of testimony before the corporate authorities
or any member thereof, by attachment for contempt or otherwise in the
same manner as the production of evidence may be compelled before the
court.
(Source: P.A. 81-282.)
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65 ILCS 5/10-4-5
(65 ILCS 5/10-4-5) (from Ch. 24, par. 10-4-5)
Sec. 10-4-5.
The corporate authorities of a municipality shall not pass
any ordinance requiring a municipal employee who is under the age of 56 to
retire.
No home rule unit, as defined in Article VII of the Illinois Constitution,
shall have the power to change, alter or amend in any way the provisions
of this Section, and it is declared to be the law in this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Constitution,
that the establishment of a mandatory retirement age below the age of 56
for employees of a municipality is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit.
(Source: P.A. 82-536.)
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65 ILCS 5/10-4-6
(65 ILCS 5/10-4-6) (from Ch. 24, par. 10-4-6)
Sec. 10-4-6.
In municipalities of more than 500,000 population,
applications for examination for and appointment to positions as
firefighters or police shall be made available at various branches of the
public library of the municipality. It is declared to be the law of this
State, pursuant to paragraph (g) of Section 6 of Article VII of the
Illinois Constitution, that this Section is a denial of the power of a home
rule unit to fail to make applications available as required by this Section.
(Source: P.A. 85-1342.)
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65 ILCS 5/10-4-7
(65 ILCS 5/10-4-7) (from Ch. 24, par. 10-4-7)
Sec. 10-4-7.
Persons in fire service.
In any municipality with a
population under 10,000 that is located in a county with a population over
3,000,000 and that maintains a firefighters' pension fund under Article 4
of the Illinois Pension Code, persons who participate in that pension fund
and who have served at any time between July 1, 1976 and July 1, 1978 in
the position of protective inspection officer or administrative assistant
for fire services shall, if the position included firefighting duties, be
entitled to receive service credit in that pension fund for such service,
notwithstanding that such persons may not have held civil service
appointments as firefighters, provided that application is made to the
pension fund by July 1, 1992, and the corresponding employee contributions
are paid, based on the compensation received for such service and the
contribution rates in effect during such service for firefighters in the
pension fund, plus interest thereon at the rate of 6% per year, compounded
annually, from July 1, 1988 to the date of payment.
(Source: P.A. 87-782; 87-847; 87-895.)
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65 ILCS 5/10-4-8
(65 ILCS 5/10-4-8)
Sec. 10-4-8.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a county with a
population
of 3,000,000 or more,
the Cook County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of
a municipality with a population of 500,000 or more, the municipality may
withhold, from the compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however
that the amount deducted from any one salary or wage payment shall not exceed
25% of the net amount of the payment.
(b) Before the municipality deducts any amount from any salary or wage of an
employee under this Section, the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall certify that (i) the employee has
been afforded an opportunity for a hearing to dispute the debt that is due and
owing the county, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
and (ii) the employee has received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means the part of the salary or wage | | payment remaining after the deduction of any amounts required by law to be deducted.
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(2) "Debt due and owing" means (i) a specified sum of
| | money owed to the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review.
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(d) Nothing in this Section is intended to affect the power of a
municipality to withhold the amount of any debt that is due and owing the
municipality by any of its employees.
(Source: P.A. 92-109, eff. 7-20-01.)
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65 ILCS 5/10-4-10 (65 ILCS 5/10-4-10) Sec. 10-4-10. Compliance with ITAP requirements. A municipality must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A municipality may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.
(Source: P.A. 97-744, eff. 1-1-13.) |
65 ILCS 5/10-4-12 (65 ILCS 5/10-4-12) Sec. 10-4-12. Cessation of existing municipal fire departments.
If a city or village with 500 or more residents owns, operates, or maintains any fire department or departments, that city or village may not cease the operation and maintenance of that fire department or those fire departments unless the proposed cessation is first submitted by referendum to the voters of the city or village as provided by Section 15b of the Fire Protection District Act.
(Source: P.A. 98-666, eff. 1-1-15 .) |
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