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90_HB0811eng 5 ILCS 375/3 from Ch. 127, par. 523 Amends the State Employees Group Insurance Act of 1971 to change the definition of "retired employee" to include retired employees of public community colleges who are 65 years of age or older and are receiving a retirement annuity or disability benefits under the Pension Code. Effective July 1, 1998. LRB9003810PTcw HB0811 Engrossed LRB9003810PTcw 1 AN ACT to amend the State Employees Group Insurance Act 2 of 1971 by changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Employees Group Insurance Act of 6 1971 is amended by changing Section 3 as follows: 7 (5 ILCS 375/3) (from Ch. 127, par. 523) 8 (Text of Section before amendment by P.A. 89-507) 9 Sec. 3. Definitions. Unless the context otherwise 10 requires, the following words and phrases as used in this Act 11 shall have the following meanings. The Department may define 12 these and other words and phrases separately for the purpose 13 of implementing specific programs providing benefits under 14 this Act. 15 (a) "Administrative service organization" means any 16 person, firm or corporation experienced in the handling of 17 claims which is fully qualified, financially sound and 18 capable of meeting the service requirements of a contract of 19 administration executed with the Department. 20 (b) "Annuitant" means (1) an employee who retires, or 21 has retired, on or after January 1, 1966 on an immediate 22 annuity under the provisions of Articles 2, 14, 15 (including 23 an employee who has retired and is receiving a retirement 24 annuity under an optional program established under Section 25 15-158.2 and who would also be eligible for a retirement 26 annuity had that person been a participant in the State 27 University Retirement System), paragraphs (b) or (c) of 28 Section 16-106, or Article 18 of the Illinois Pension Code; 29 (2) any person who was receiving group insurance coverage 30 under this Act as of March 31, 1978 by reason of his status 31 as an annuitant, even though the annuity in relation to which HB0811 Engrossed -2- LRB9003810PTcw 1 such coverage was provided is a proportional annuity based on 2 less than the minimum period of service required for a 3 retirement annuity in the system involved; (3) any person not 4 otherwise covered by this Act who has retired as a 5 participating member under Article 2 of the Illinois Pension 6 Code but is ineligible for the retirement annuity under 7 Section 2-119 of the Illinois Pension Code; (4) the spouse of 8 any person who is receiving a retirement annuity under 9 Article 18 of the Illinois Pension Code and who is covered 10 under a group health insurance program sponsored by a 11 governmental employer other than the State of Illinois and 12 who has irrevocably elected to waive his or her coverage 13 under this Act and to have his or her spouse considered as 14 the "annuitant" under this Act and not as a "dependent"; or 15 (5) an employee who retires, or has retired, from a qualified 16 position, as determined according to rules promulgated by the 17 Director, under a qualified local government or a qualified 18 rehabilitation facility or a qualified domestic violence 19 shelter or service. (For definition of "retired employee", 20 see (p) post). 21 (c) "Carrier" means (1) an insurance company, a 22 corporation organized under the Limited Health Service 23 Organization Act or the Voluntary Health Services Plan Act, a 24 partnership, or other nongovernmental organization, which is 25 authorized to do group life or group health insurance 26 business in Illinois, or (2) the State of Illinois as a 27 self-insurer. 28 (d) "Compensation" means salary or wages payable on a 29 regular payroll by the State Treasurer on a warrant of the 30 State Comptroller out of any State, trust or federal fund, or 31 by the Governor of the State through a disbursing officer of 32 the State out of a trust or out of federal funds, or by any 33 Department out of State, trust, federal or other funds held 34 by the State Treasurer or the Department, to any person for HB0811 Engrossed -3- LRB9003810PTcw 1 personal services currently performed, and ordinary or 2 accidental disability benefits under Articles 2, 14, 15 3 (including ordinary or accidental disability benefits under 4 an optional program established under Section 15-158.2), 5 paragraphs (b) or (c) of Section 16-106, or Article 18 of the 6 Illinois Pension Code, for disability incurred after January 7 1, 1966, or benefits payable under the Workers' Compensation 8 or Occupational Diseases Act or benefits payable under a sick 9 pay plan established in accordance with Section 36 of the 10 State Finance Act. "Compensation" also means salary or wages 11 paid to an employee of any qualified local government or 12 qualified rehabilitation facility or a qualified domestic 13 violence shelter or service. 14 (e) "Commission" means the State Employees Group 15 Insurance Advisory Commission authorized by this Act. 16 Commencing July 1, 1984, "Commission" as used in this Act 17 means the Illinois Economic and Fiscal Commission as 18 established by the Legislative Commission Reorganization Act 19 of 1984. 20 (f) "Contributory", when referred to as contributory 21 coverage, shall mean optional coverages or benefits elected 22 by the member toward the cost of which such member makes 23 contribution, or which are funded in whole or in part through 24 the acceptance of a reduction in earnings or the foregoing of 25 an increase in earnings by an employee, as distinguished from 26 noncontributory coverage or benefits which are paid entirely 27 by the State of Illinois without reduction of the member's 28 salary. 29 (g) "Department" means any department, institution, 30 board, commission, officer, court or any agency of the State 31 government receiving appropriations and having power to 32 certify payrolls to the Comptroller authorizing payments of 33 salary and wages against such appropriations as are made by 34 the General Assembly from any State fund, or against trust HB0811 Engrossed -4- LRB9003810PTcw 1 funds held by the State Treasurer and includes boards of 2 trustees of the retirement systems created by Articles 2, 14, 3 15, 16 and 18 of the Illinois Pension Code. "Department" 4 also includes the Illinois Comprehensive Health Insurance 5 Board and the Illinois Rural Bond Bank. 6 (h) "Dependent", when the term is used in the context of 7 the health and life plan, means a member's spouse and any 8 unmarried child (1) from birth to age 19 including an adopted 9 child, a child who lives with the member from the time of the 10 filing of a petition for adoption until entry of an order of 11 adoption, a stepchild or recognized child who lives with the 12 member in a parent-child relationship, or a child who lives 13 with the member if such member is a court appointed guardian 14 of the child, or (2) age 19 to 23 enrolled as a full-time 15 student in any accredited school, financially dependent upon 16 the member, and eligible as a dependent for Illinois State 17 income tax purposes, or (3) age 19 or over who is mentally or 18 physically handicapped as defined in the Illinois Insurance 19 Code. For the health plan only, the term "dependent" also 20 includes any person enrolled prior to the effective date of 21 this Section who is dependent upon the member to the extent 22 that the member may claim such person as a dependent for 23 Illinois State income tax deduction purposes; no other such 24 person may be enrolled. 25 (i) "Director" means the Director of the Illinois 26 Department of Central Management Services. 27 (j) "Eligibility period" means the period of time a 28 member has to elect enrollment in programs or to select 29 benefits without regard to age, sex or health. 30 (k) "Employee" means and includes each officer or 31 employee in the service of a department who (1) receives his 32 compensation for service rendered to the department on a 33 warrant issued pursuant to a payroll certified by a 34 department or on a warrant or check issued and drawn by a HB0811 Engrossed -5- LRB9003810PTcw 1 department upon a trust, federal or other fund or on a 2 warrant issued pursuant to a payroll certified by an elected 3 or duly appointed officer of the State or who receives 4 payment of the performance of personal services on a warrant 5 issued pursuant to a payroll certified by a Department and 6 drawn by the Comptroller upon the State Treasurer against 7 appropriations made by the General Assembly from any fund or 8 against trust funds held by the State Treasurer, and (2) is 9 employed full-time or part-time in a position normally 10 requiring actual performance of duty during not less than 1/2 11 of a normal work period, as established by the Director in 12 cooperation with each department, except that persons elected 13 by popular vote will be considered employees during the 14 entire term for which they are elected regardless of hours 15 devoted to the service of the State, and (3) except that 16 "employee" does not include any person who is not eligible by 17 reason of such person's employment to participate in one of 18 the State retirement systems under Articles 2, 14, 15 (either 19 the regular Article 15 system or an optional program 20 established under Section 15-158.2) or 18, or under paragraph 21 (b) or (c) of Section 16-106, of the Illinois Pension Code, 22 but such term does include persons who are employed during 23 the 6 month qualifying period under Article 14 of the 24 Illinois Pension Code. Such term also includes any person 25 who (1) after January 1, 1966, is receiving ordinary or 26 accidental disability benefits under Articles 2, 14, 15 27 (including ordinary or accidental disability benefits under 28 an optional program established under Section 15-158.2), 29 paragraphs (b) or (c) of Section 16-106, or Article 18 of the 30 Illinois Pension Code, for disability incurred after January 31 1, 1966, (2) receives total permanent or total temporary 32 disability under the Workers' Compensation Act or 33 Occupational Disease Act as a result of injuries sustained or 34 illness contracted in the course of employment with the State HB0811 Engrossed -6- LRB9003810PTcw 1 of Illinois, or (3) is not otherwise covered under this Act 2 and has retired as a participating member under Article 2 of 3 the Illinois Pension Code but is ineligible for the 4 retirement annuity under Section 2-119 of the Illinois 5 Pension Code. However, a person who satisfies the criteria 6 of the foregoing definition of "employee" except that such 7 person is made ineligible to participate in the State 8 Universities Retirement System by clause (4) of the first 9 paragraph of Section 15-107 of the Illinois Pension Code is 10 also an "employee" for the purposes of this Act. "Employee" 11 also includes any person receiving or eligible for benefits 12 under a sick pay plan established in accordance with Section 13 36 of the State Finance Act. "Employee" also includes each 14 officer or employee in the service of a qualified local 15 government, including persons appointed as trustees of 16 sanitary districts regardless of hours devoted to the service 17 of the sanitary district, and each employee in the service of 18 a qualified rehabilitation facility and each full-time 19 employee in the service of a qualified domestic violence 20 shelter or service, as determined according to rules 21 promulgated by the Director. 22 (l) "Member" means an employee, annuitant, retired 23 employee or survivor. 24 (m) "Optional coverages or benefits" means those 25 coverages or benefits available to the member on his or her 26 voluntary election, and at his or her own expense. 27 (n) "Program" means the group life insurance, health 28 benefits and other employee benefits designed and contracted 29 for by the Director under this Act. 30 (o) "Health plan" means a self-insured health insurance 31 program offered by the State of Illinois for the purposes of 32 benefiting employees by means of providing, among others, 33 wellness programs, utilization reviews, second opinions and 34 medical fee reviews, as well as for paying for hospital and HB0811 Engrossed -7- LRB9003810PTcw 1 medical care up to the maximum coverage provided by the plan, 2 to its members and their dependents. 3 (p) "Retired employee" means any person who would be an 4 annuitant as that term is defined herein but for the fact 5 that such person retired prior to January 1, 1966. Such term 6 also includes any person formerly employed by the University 7 of Illinois in the Cooperative Extension Service who would be 8 an annuitant but for the fact that such person was made 9 ineligible to participate in the State Universities 10 Retirement System by clause (4) of the first paragraph of 11 Section 15-107 of the Illinois Pension Code. 12 (q) "Survivor" means a person receiving an annuity as a 13 survivor of an employee or of an annuitant. "Survivor" also 14 includes: (1) the surviving dependent of a person who 15 satisfies the definition of "employee" except that such 16 person is made ineligible to participate in the State 17 Universities Retirement System by clause (4) of the first 18 paragraph of Section 15-107 of the Illinois Pension Code; and 19 (2) the surviving dependent of any person formerly employed 20 by the University of Illinois in the Cooperative Extension 21 Service who would be an annuitant except for the fact that 22 such person was made ineligible to participate in the State 23 Universities Retirement System by clause (4) of the first 24 paragraph of Section 15-107 of the Illinois Pension Code. 25 (r) "Medical services" means the services provided 26 within the scope of their licenses by practitioners in all 27 categories licensed under the Medical Practice Act of 1987. 28 (s) "Unit of local government" means any county, 29 municipality, township, school district, special district or 30 other unit, designated as a unit of local government by law, 31 which exercises limited governmental powers or powers in 32 respect to limited governmental subjects, any not-for-profit 33 association with a membership that primarily includes 34 townships and township officials, that has duties that HB0811 Engrossed -8- LRB9003810PTcw 1 include provision of research service, dissemination of 2 information, and other acts for the purpose of improving 3 township government, and that is funded wholly or partly in 4 accordance with Section 85-15 of the Township Code; any 5 not-for-profit corporation or association, with a membership 6 consisting primarily of municipalities, that operates its own 7 utility system, and provides research, training, 8 dissemination of information, or other acts to promote 9 cooperation between and among municipalities that provide 10 utility services and for the advancement of the goals and 11 purposes of its membership; and the Illinois Association of 12 Park Districts. "Qualified local government" means a unit of 13 local government approved by the Director and participating 14 in a program created under subsection (i) of Section 10 of 15 this Act. 16 (t) "Qualified rehabilitation facility" means any 17 not-for-profit organization that is accredited by the 18 Commission on Accreditation of Rehabilitation Facilities or 19 certified by the Department of Mental Health and 20 Developmental Disabilities to provide services to persons 21 with disabilities and which receives funds from the State of 22 Illinois for providing those services, approved by the 23 Director and participating in a program created under 24 subsection (j) of Section 10 of this Act. 25 (u) "Qualified domestic violence shelter or service" 26 means any Illinois domestic violence shelter or service and 27 its administrative offices funded by the Illinois Department 28 of Public Aid, approved by the Director and participating in 29 a program created under subsection (k) of Section 10. 30 (v) "TRS benefit recipient" means a person who: 31 (1) is not a "member" as defined in this Section; 32 and 33 (2) is receiving a monthly benefit or retirement 34 annuity under Article 16 of the Illinois Pension Code; HB0811 Engrossed -9- LRB9003810PTcw 1 and 2 (3) either (i) has at least 8 years of creditable 3 service under Article 16 of the Illinois Pension Code, or 4 (ii) was enrolled in the health insurance program offered 5 under that Article on January 1, 1996, or (iii) is the 6 survivor of a benefit recipient who had at least 8 years 7 of creditable service under Article 16 of the Illinois 8 Pension Code or was enrolled in the health insurance 9 program offered under that Article on the effective date 10 of this amendatory Act of 1995, or (iv) is a recipient or 11 survivor of a recipient of a disability benefit under 12 Article 16 of the Illinois Pension Code. 13 (w) "TRS dependent beneficiary" means a person who: 14 (1) is not a "member" or "dependent" as defined in 15 this Section; and 16 (2) is a TRS benefit recipient's: (A) spouse, (B) 17 dependent parent who is receiving at least half of his or 18 her support from the TRS benefit recipient, or (C) 19 unmarried natural or adopted child who is (i) under age 20 19, or (ii) enrolled as a full-time student in an 21 accredited school, financially dependent upon the TRS 22 benefit recipient, eligible as a dependent for Illinois 23 State income tax purposes, and either is under age 24 or 24 was, on January 1, 1996, participating as a dependent 25 beneficiary in the health insurance program offered under 26 Article 16 of the Illinois Pension Code, or (iii) age 19 27 or over who is mentally or physically handicapped as 28 defined in the Illinois Insurance Code. 29 (x) "Military leave with pay and benefits" refers to 30 individuals in basic training for reserves, special/advanced 31 training, annual training, emergency call up, or activation 32 by the President of the United States with approved pay and 33 benefits. 34 (y) "Military leave without pay and benefits" refers to HB0811 Engrossed -10- LRB9003810PTcw 1 individuals who enlist for active duty in a regular component 2 of the U.S. Armed Forces or other duty not specified or 3 authorized under military leave with pay and benefits. 4 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95; 5 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff. 6 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628, 7 eff. 8-9-96; revised 8-23-96.) 8 (Text of Section after amendment by P.A. 89-507) 9 Sec. 3. Definitions. Unless the context otherwise 10 requires, the following words and phrases as used in this Act 11 shall have the following meanings. The Department may define 12 these and other words and phrases separately for the purpose 13 of implementing specific programs providing benefits under 14 this Act. 15(a)"Administrative service organization" means any 16 person, firm or corporation experienced in the handling of 17 claims which is fully qualified, financially sound and 18 capable of meeting the service requirements of a contract of 19 administration executed with the Department. 20(b)"Annuitant" means (1) an employee who retires, or 21 has retired, on or after January 1, 1966 on an immediate 22 annuity under the provisions of Articles 2, 14, 15 (including 23 an employee who has retired and is receiving a retirement 24 annuity under an optional program established under Section 25 15-158.2 and who would also be eligible for a retirement 26 annuity had that person been a participant in the State 27 University Retirement System), paragraphs (b) or (c) of 28 Section 16-106, or Article 18 of the Illinois Pension Code; 29 (2) any person who was receiving group insurance coverage 30 under this Act as of March 31, 1978 by reason of his status 31 as an annuitant, even though the annuity in relation to which 32 such coverage was provided is a proportional annuity based on 33 less than the minimum period of service required for a 34 retirement annuity in the system involved; (3) any person not HB0811 Engrossed -11- LRB9003810PTcw 1 otherwise covered by this Act who has retired as a 2 participating member under Article 2 of the Illinois Pension 3 Code but is ineligible for the retirement annuity under 4 Section 2-119 of the Illinois Pension Code; (4) the spouse of 5 any person who is receiving a retirement annuity under 6 Article 18 of the Illinois Pension Code and who is covered 7 under a group health insurance program sponsored by a 8 governmental employer other than the State of Illinois and 9 who has irrevocably elected to waive his or her coverage 10 under this Act and to have his or her spouse considered as 11 the "annuitant" under this Act and not as a "dependent"; or 12 (5) an employee who retires, or has retired, from a qualified 13 position, as determined according to rules promulgated by the 14 Director, under a qualified local government or a qualified 15 rehabilitation facility or a qualified domestic violence 16 shelter or service. (For definition of "retired employee", 17 see (p) post). 18(c)"Carrier" means (1) an insurance company, a 19 corporation organized under the Limited Health Service 20 Organization Act or the Voluntary Health Services Plan Act, a 21 partnership, or other nongovernmental organization, which is 22 authorized to do group life or group health insurance 23 business in Illinois, or (2) the State of Illinois as a 24 self-insurer. 25(d)"Compensation" means salary or wages payable on a 26 regular payroll by the State Treasurer on a warrant of the 27 State Comptroller out of any State, trust or federal fund, or 28 by the Governor of the State through a disbursing officer of 29 the State out of a trust or out of federal funds, or by any 30 Department out of State, trust, federal or other funds held 31 by the State Treasurer or the Department, to any person for 32 personal services currently performed, and ordinary or 33 accidental disability benefits under Articles 2, 14, 15 34 (including ordinary or accidental disability benefits under HB0811 Engrossed -12- LRB9003810PTcw 1 an optional program established under Section 15-158.2), 2 paragraphs (b) or (c) of Section 16-106, or Article 18 of the 3 Illinois Pension Code, for disability incurred after January 4 1, 1966, or benefits payable under the Workers' Compensation 5 or Occupational Diseases Act or benefits payable under a sick 6 pay plan established in accordance with Section 36 of the 7 State Finance Act. "Compensation" also means salary or wages 8 paid to an employee of any qualified local government or 9 qualified rehabilitation facility or a qualified domestic 10 violence shelter or service. 11(e)"Commission" means the State Employees Group 12 Insurance Advisory Commission authorized by this Act. 13 Commencing July 1, 1984, "Commission" as used in this Act 14 means the Illinois Economic and Fiscal Commission as 15 established by the Legislative Commission Reorganization Act 16 of 1984. 17(f)"Contributory", when referred to as contributory 18 coverage, shall mean optional coverages or benefits elected 19 by the member toward the cost of which such member makes 20 contribution, or which are funded in whole or in part through 21 the acceptance of a reduction in earnings or the foregoing of 22 an increase in earnings by an employee, as distinguished from 23 noncontributory coverage or benefits which are paid entirely 24 by the State of Illinois without reduction of the member's 25 salary. 26(g)"Department" means any department, institution, 27 board, commission, officer, court or any agency of the State 28 government receiving appropriations and having power to 29 certify payrolls to the Comptroller authorizing payments of 30 salary and wages against such appropriations as are made by 31 the General Assembly from any State fund, or against trust 32 funds held by the State Treasurer and includes boards of 33 trustees of the retirement systems created by Articles 2, 14, 34 15, 16 and 18 of the Illinois Pension Code. "Department" HB0811 Engrossed -13- LRB9003810PTcw 1 also includes the Illinois Comprehensive Health Insurance 2 Board and the Illinois Rural Bond Bank. 3(h)"Dependent", when the term is used in the context of 4 the health and life plan, means a member's spouse and any 5 unmarried child (1) from birth to age 19 including an adopted 6 child, a child who lives with the member from the time of the 7 filing of a petition for adoption until entry of an order of 8 adoption, a stepchild or recognized child who lives with the 9 member in a parent-child relationship, or a child who lives 10 with the member if such member is a court appointed guardian 11 of the child, or (2) age 19 to 23 enrolled as a full-time 12 student in any accredited school, financially dependent upon 13 the member, and eligible as a dependent for Illinois State 14 income tax purposes, or (3) age 19 or over who is mentally or 15 physically handicapped as defined in the Illinois Insurance 16 Code. For the health plan only, the term "dependent" also 17 includes any person enrolled prior to the effective date of 18 this Section who is dependent upon the member to the extent 19 that the member may claim such person as a dependent for 20 Illinois State income tax deduction purposes; no other such 21 person may be enrolled. 22(i)"Director" means the Director of the Illinois 23 Department of Central Management Services. 24(j)"Eligibility period" means the period of time a 25 member has to elect enrollment in programs or to select 26 benefits without regard to age, sex or health. 27(k)"Employee" means and includes each officer or 28 employee in the service of a department who (1) receives his 29 compensation for service rendered to the department on a 30 warrant issued pursuant to a payroll certified by a 31 department or on a warrant or check issued and drawn by a 32 department upon a trust, federal or other fund or on a 33 warrant issued pursuant to a payroll certified by an elected 34 or duly appointed officer of the State or who receives HB0811 Engrossed -14- LRB9003810PTcw 1 payment of the performance of personal services on a warrant 2 issued pursuant to a payroll certified by a Department and 3 drawn by the Comptroller upon the State Treasurer against 4 appropriations made by the General Assembly from any fund or 5 against trust funds held by the State Treasurer, and (2) is 6 employed full-time or part-time in a position normally 7 requiring actual performance of duty during not less than 1/2 8 of a normal work period, as established by the Director in 9 cooperation with each department, except that persons elected 10 by popular vote will be considered employees during the 11 entire term for which they are elected regardless of hours 12 devoted to the service of the State, and (3) except that 13 "employee" does not include any person who is not eligible by 14 reason of such person's employment to participate in one of 15 the State retirement systems under Articles 2, 14, 15 (either 16 the regular Article 15 system or an optional program 17 established under Section 15-158.2) or 18, or under paragraph 18 (b) or (c) of Section 16-106, of the Illinois Pension Code, 19 but such term does include persons who are employed during 20 the 6 month qualifying period under Article 14 of the 21 Illinois Pension Code. Such term also includes any person 22 who (1) after January 1, 1966, is receiving ordinary or 23 accidental disability benefits under Articles 2, 14, 15 24 (including ordinary or accidental disability benefits under 25 an optional program established under Section 15-158.2), 26 paragraphs (b) or (c) of Section 16-106, or Article 18 of the 27 Illinois Pension Code, for disability incurred after January 28 1, 1966, (2) receives total permanent or total temporary 29 disability under the Workers' Compensation Act or 30 Occupational Disease Act as a result of injuries sustained or 31 illness contracted in the course of employment with the State 32 of Illinois, or (3) is not otherwise covered under this Act 33 and has retired as a participating member under Article 2 of 34 the Illinois Pension Code but is ineligible for the HB0811 Engrossed -15- LRB9003810PTcw 1 retirement annuity under Section 2-119 of the Illinois 2 Pension Code. However, a person who satisfies the criteria 3 of the foregoing definition of "employee" except that such 4 person is made ineligible to participate in the State 5 Universities Retirement System by clause (4) of the first 6 paragraph of Section 15-107 of the Illinois Pension Code is 7 also an "employee" for the purposes of this Act. "Employee" 8 also includes any person receiving or eligible for benefits 9 under a sick pay plan established in accordance with Section 10 36 of the State Finance Act. "Employee" also includes each 11 officer or employee in the service of a qualified local 12 government, including persons appointed as trustees of 13 sanitary districts regardless of hours devoted to the service 14 of the sanitary district, and each employee in the service of 15 a qualified rehabilitation facility and each full-time 16 employee in the service of a qualified domestic violence 17 shelter or service, as determined according to rules 18 promulgated by the Director. 19(l)"Member" means an employee, annuitant, retired 20 employee or survivor. 21(m)"Optional coverages or benefits" means those 22 coverages or benefits available to the member on his or her 23 voluntary election, and at his or her own expense. 24(n)"Program" means the group life insurance, health 25 benefits and other employee benefits designed and contracted 26 for by the Director under this Act. 27(o)"Health plan" means a self-insured health insurance 28 program offered by the State of Illinois for the purposes of 29 benefiting employees by means of providing, among others, 30 wellness programs, utilization reviews, second opinions and 31 medical fee reviews, as well as for paying for hospital and 32 medical care up to the maximum coverage provided by the plan, 33 to its members and their dependents. 34(p)"Retired employee" means any person who would be an HB0811 Engrossed -16- LRB9003810PTcw 1 annuitant as that term is defined herein but for the fact 2 that such person retired prior to January 1, 1966. Such term 3 also includes any person formerly employed by the University 4 of Illinois in the Cooperative Extension Service who would be 5 an annuitant but for the fact that such person was made 6 ineligible to participate in the State Universities 7 Retirement System by clause (4) of the first paragraph of 8 Section 15-107 of the Illinois Pension Code. The term also 9 includes a retired employee of a public community college 10 organized under the Public Community College Act who is 65 11 years of age or older and is receiving a retirement annuity 12 or disability benefits under Article 15 of the Illinois 13 Pension Code. 14(q)"Survivor" means a person receiving an annuity as a 15 survivor of an employee or of an annuitant. "Survivor" also 16 includes: (1) the surviving dependent of a person who 17 satisfies the definition of "employee" except that such 18 person is made ineligible to participate in the State 19 Universities Retirement System by clause (4) of the first 20 paragraph of Section 15-107 of the Illinois Pension Code; and 21 (2) the surviving dependent of any person formerly employed 22 by the University of Illinois in the Cooperative Extension 23 Service who would be an annuitant except for the fact that 24 such person was made ineligible to participate in the State 25 Universities Retirement System by clause (4) of the first 26 paragraph of Section 15-107 of the Illinois Pension Code. 27(r)"Medical services" means the services provided 28 within the scope of their licenses by practitioners in all 29 categories licensed under the Medical Practice Act of 1987. 30(s)"Unit of local government" means any county, 31 municipality, township, school district, special district or 32 other unit, designated as a unit of local government by law, 33 which exercises limited governmental powers or powers in 34 respect to limited governmental subjects, any not-for-profit HB0811 Engrossed -17- LRB9003810PTcw 1 association with a membership that primarily includes 2 townships and township officials, that has duties that 3 include provision of research service, dissemination of 4 information, and other acts for the purpose of improving 5 township government, and that is funded wholly or partly in 6 accordance with Section 85-15 of the Township Code; any 7 not-for-profit corporation or association, with a membership 8 consisting primarily of municipalities, that operates its own 9 utility system, and provides research, training, 10 dissemination of information, or other acts to promote 11 cooperation between and among municipalities that provide 12 utility services and for the advancement of the goals and 13 purposes of its membership; and the Illinois Association of 14 Park Districts. "Qualified local government" means a unit of 15 local government approved by the Director and participating 16 in a program created under subsection (i) of Section 10 of 17 this Act. 18(t)"Qualified rehabilitation facility" means any 19 not-for-profit organization that is accredited by the 20 Commission on Accreditation of Rehabilitation Facilities or 21 certified by the Department of Human Services (as successor 22 to the Department of Mental Health and Developmental 23 Disabilities) to provide services to persons with 24 disabilities and which receives funds from the State of 25 Illinois for providing those services, approved by the 26 Director and participating in a program created under 27 subsection (j) of Section 10 of this Act. 28(u)"Qualified domestic violence shelter or service" 29 means any Illinois domestic violence shelter or service and 30 its administrative offices funded by the Department of Human 31 Services (as successor to the Illinois Department of Public 32 Aid), approved by the Director and participating in a program 33 created under subsection (k) of Section 10. 34(v)"TRS benefit recipient" means a person who: HB0811 Engrossed -18- LRB9003810PTcw 1 (1) is not a "member" as defined in this Section; 2 and 3 (2) is receiving a monthly benefit or retirement 4 annuity under Article 16 of the Illinois Pension Code; 5 and 6 (3) either (i) has at least 8 years of creditable 7 service under Article 16 of the Illinois Pension Code, or 8 (ii) was enrolled in the health insurance program offered 9 under that Article on January 1, 1996, or (iii) is the 10 survivor of a benefit recipient who had at least 8 years 11 of creditable service under Article 16 of the Illinois 12 Pension Code or was enrolled in the health insurance 13 program offered under that Article on the effective date 14 of this amendatory Act of 1995, or (iv) is a recipient or 15 survivor of a recipient of a disability benefit under 16 Article 16 of the Illinois Pension Code. 17(w)"TRS dependent beneficiary" means a person who: 18 (1) is not a "member" or "dependent" as defined in 19 this Section; and 20 (2) is a TRS benefit recipient's: (A) spouse, (B) 21 dependent parent who is receiving at least half of his or 22 her support from the TRS benefit recipient, or (C) 23 unmarried natural or adopted child who is (i) under age 24 19, or (ii) enrolled as a full-time student in an 25 accredited school, financially dependent upon the TRS 26 benefit recipient, eligible as a dependent for Illinois 27 State income tax purposes, and either is under age 24 or 28 was, on January 1, 1996, participating as a dependent 29 beneficiary in the health insurance program offered under 30 Article 16 of the Illinois Pension Code, or (iii) age 19 31 or over who is mentally or physically handicapped as 32 defined in the Illinois Insurance Code. 33(x)"Military leave with pay and benefits" refers to 34 individuals in basic training for reserves, special/advanced HB0811 Engrossed -19- LRB9003810PTcw 1 training, annual training, emergency call up, or activation 2 by the President of the United States with approved pay and 3 benefits. 4(y)"Military leave without pay and benefits" refers to 5 individuals who enlist for active duty in a regular component 6 of the U.S. Armed Forces or other duty not specified or 7 authorized under military leave with pay and benefits. 8 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95; 9 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff. 10 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507, 11 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.) 12 Section 95. No acceleration or delay. Where this Act 13 makes changes in a statute that is represented in this Act by 14 text that is not yet or no longer in effect (for example, a 15 Section represented by multiple versions), the use of that 16 text does not accelerate or delay the taking effect of (i) 17 the changes made by this Act or (ii) provisions derived from 18 any other Public Act. 19 Section 99. Effective date. This Act takes effect July 20 1, 1998.