State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

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.

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