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90_HB1512eng
30 ILCS 105/14a from Ch. 127, par. 150a
Amends the State Finance Act. Prohibits State officers
and employees from receiving payment or credit for accrued
vacation, overtime, personal leave, and sick leave when
leaving service if convicted of a felony arising out of or
relating to his or her State employment. Applies to time
accrued on or after the bill's effective date or after the
expiration or renewal of a relevant collective bargaining
agreement. Requires repayment of an amount paid in violation
of the prohibition. Effective immediately.
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1 AN ACT to amend the State Finance Act by changing Section
2 14a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 14a as follows:
7 (30 ILCS 105/14a) (from Ch. 127, par. 150a)
8 Sec. 14a. Upon the death of a State employee his estate
9 is entitled to receive from the appropriation for personal
10 services available for payment of his compensation such sum
11 for any accrued vacation period, accrued overtime and accrued
12 sick leave as would have been paid or allowed to such
13 employee had he survived.
14 The State Comptroller shall draw his warrant or warrants
15 against the appropriation, upon receipt of a proper death
16 certificate, payable to decedent's estate, or if no estate is
17 opened, to the person or persons entitled thereto under
18 Section 25-1 of the Probate Act of 1975 upon receipt of the
19 affidavit referred to in that Section, for the sum due.
20 The Department of Central Management Services shall
21 prescribe by rule the method of computing the accrued
22 vacation period and accrued overtime for all employees,
23 including those not otherwise subject to its jurisdiction,
24 and for the purposes of this Act the Department of Central
25 Management Services may require such reports as it deems
26 necessary. Accrued sick leave shall be computed by
27 multiplying 1/2 of the number of days of accumulated sick
28 leave by the daily rate of compensation applicable to the
29 employee at the time of his death, retirement, resignation or
30 other termination of service described in this Section.
31 Upon the retirement or resignation of a State employee
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1 from State service, his accrued vacation, overtime and sick
2 leave shall be payable to the employee in a single lump sum
3 payment. However, if the employee returns to employment in
4 any capacity with the same agency or department within 30
5 days of the termination of his previous State employment, the
6 employee must, as a condition of his new State employment,
7 repay the lump sum amount within 30 days after his new State
8 employment commences. The amount repaid shall be deposited
9 into the fund from which the payment was made or the General
10 Revenue Fund, and the accrued vacation, overtime and sick
11 leave upon which the lump sum payment was based shall be
12 credited to the account of the employee in accordance with
13 the rules of the jurisdiction under which he is employed.
14 Upon the movement of a State employee from a position
15 subject to the Personnel Code to another State position not
16 subject to the Personnel Code, or to a position subject to
17 the Personnel Code from a State position not subject to the
18 Personnel Code, or upon the movement of a State employee of
19 an institution or agency subject to the State Universities
20 Civil Service System from one such institution or agency to
21 another such institution or agency, his accrued vacation,
22 overtime and sick leave shall be credited to the employee's
23 account in accordance with the rules of the jurisdiction to
24 which the State employee moved. However, if the rules
25 preclude crediting the State employee's total accrued
26 vacation, overtime or sick leave to his account at the
27 jurisdiction to which he is to move, the nontransferrable
28 accrued vacation, overtime or sick leave shall be payable to
29 the employee in a single lump sum payment by the jurisdiction
30 from which he moved.
31 Upon the death of a State employee or the retirement,
32 indeterminate layoff or resignation of a State employee from
33 State service, the employee's retirement or disability
34 benefits shall be computed as if the employee had remained in
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1 the State employment at his most recent rate of compensation
2 until his accumulated unused leave for vacation, overtime,
3 sickness and personal business would have been exhausted. The
4 employing agency shall certify, in writing to the employee,
5 the unused leaves the employee has accrued. This
6 certification may be held by the employee or forwarded to the
7 retirement fund. Employing agencies not covered by the
8 Personnel Code shall certify, in writing to the employee, the
9 unused leaves the employee has accrued.
10 The payment for accrued sick leave after the employee's
11 death, retirement, resignation, or other termination of
12 service provided by Public Act 83-976 shall be for sick leave
13 days earned on or after January 1, 1984. The Department of
14 Central Management Services shall prescribe by rule the
15 method of computing the accrued sick leave days for all
16 employees, including those not otherwise subject to its
17 jurisdiction.
18 No officer or employee may receive payment or credit for
19 accrued vacation, overtime, personal leave, or sick leave
20 upon termination of State service if that person is convicted
21 of a felony arising out of or relating to his or her State
22 employment. This paragraph applies only to vacation,
23 overtime, personal leave, and sick leave accrued on or after
24 the effective date of this amendatory Act of 1997 or, in the
25 case of a person covered by a collective bargaining agreement
26 in effect upon the effective date of this amendatory Act of
27 1997, after that collective bargaining agreement has expired
28 or been renewed. A person convicted of a felony arising out
29 of or relating to his or her State employment who receives
30 payment upon termination in violation of this paragraph shall
31 repay the State the amount improperly received.
32 (Source: P.A. 87-384; 87-721; 87-895; 87-1234.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.