State of Illinois
90th General Assembly
Legislation

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90_HB2388

      5 ILCS 375/3              from Ch. 127, par. 523
      5 ILCS 375/10             from Ch. 127, par. 530
      40 ILCS 5/15-135.1 new
          Amends the State Employees Group Insurance  Act  of  1971
      and  the  Illinois Pension Code.  Allows certain participants
      in the State Universities Retirement System to elect to forgo
      certain changes in the retirement  annuity  formula  made  by
      Public  Act  90-65  and  thereby avoid the additional cost of
      group  health  insurance  imposed  under  that  Public   Act.
      Eliminates   provisions   relating   to   "new  SURS  retired
      employees".  Also  makes  technical  corrections.   Effective
      immediately.
                                                     LRB9007293EGfg
                                               LRB9007293EGfg
 1        AN  ACT  relating  to  members  of the State Universities
 2    Retirement System, amending named Acts.
 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 Sections 3 and 10 as follows:
 7        (5 ILCS 375/3) (from Ch. 127, par. 523)
 8        Sec.  3.  Definitions.   Unless  the  context   otherwise
 9    requires, the following words and phrases as used in this Act
10    shall have the following meanings.  The Department may define
11    these  and other words and phrases separately for the purpose
12    of implementing specific programs  providing  benefits  under
13    this Act.
14        (a)  "Administrative   service  organization"  means  any
15    person, firm or corporation experienced in  the  handling  of
16    claims  which  is  fully  qualified,  financially  sound  and
17    capable  of meeting the service requirements of a contract of
18    administration executed with the Department.
19        (b)  "Annuitant" means (1) an employee  who  retires,  or
20    has  retired,  on  or  after  January 1, 1966 on an immediate
21    annuity under the provisions of Articles 2, 14, 15 (including
22    an employee who has retired  under  the  optional  retirement
23    program  established  under Section 15-158.2), paragraphs (b)
24    or (c) of Section 16-106,  or  Article  18  of  the  Illinois
25    Pension   Code;  (2)  any  person  who  was  receiving  group
26    insurance coverage under this Act as of  March  31,  1978  by
27    reason of his status as an annuitant, even though the annuity
28    in  relation  to  which  such  coverage  was  provided  is  a
29    proportional annuity based on less than the minimum period of
30    service  required  for  a  retirement  annuity  in the system
31    involved; (3) any person not otherwise covered  by  this  Act
                            -2-                LRB9007293EGfg
 1    who  has retired as a participating member under Article 2 of
 2    the  Illinois  Pension  Code  but  is  ineligible   for   the
 3    retirement  annuity  under  Section  2-119  of  the  Illinois
 4    Pension Code; (4) the spouse of any person who is receiving a
 5    retirement  annuity  under Article 18 of the Illinois Pension
 6    Code and who  is  covered  under  a  group  health  insurance
 7    program  sponsored  by a governmental employer other than the
 8    State of Illinois and who has irrevocably  elected  to  waive
 9    his  or  her  coverage  under this Act and to have his or her
10    spouse considered as the "annuitant" under this Act  and  not
11    as  a  "dependent";  or  (5)  an employee who retires, or has
12    retired, from a qualified position, as  determined  according
13    to rules promulgated by the Director, under a qualified local
14    government  or  a  qualified  rehabilitation  facility  or  a
15    qualified   domestic   violence   shelter  or  service.  (For
16    definition of "retired employee", see (p) post).
17        (b-5)  "New SERS annuitant" means a  person  who,  on  or
18    after  January  1,  1998, becomes an annuitant, as defined in
19    subsection  (b),  by  virtue  of  beginning  to   receive   a
20    retirement  annuity  under Article 14 of the Illinois Pension
21    Code, and is eligible to participate in the basic program  of
22    group health benefits provided for annuitants under this Act.
23        (b-6)  "New SURS annuitant" means a person who (1), on or
24    after  January  1,  1998, becomes an annuitant, as defined in
25    subsection  (b),  by  virtue  of  beginning  to   receive   a
26    retirement  annuity  under Article 15 of the Illinois Pension
27    Code, (2) has not made the election authorized  under Section
28    15-135.1 of the Illinois Pension Code, and (3) is eligible to
29    participate in the basic program  of  group  health  benefits
30    provided for annuitants under this Act.
31        (c)  "Carrier"   means   (1)   an  insurance  company,  a
32    corporation  organized  under  the  Limited  Health   Service
33    Organization Act or the Voluntary Health Services Plan Act, a
34    partnership,  or other nongovernmental organization, which is
                            -3-                LRB9007293EGfg
 1    authorized  to  do  group  life  or  group  health  insurance
 2    business in Illinois, or (2)  the  State  of  Illinois  as  a
 3    self-insurer.
 4        (d)  "Compensation"  means  salary  or wages payable on a
 5    regular payroll by the State Treasurer on a  warrant  of  the
 6    State Comptroller out of any State, trust or federal fund, or
 7    by  the Governor of the State through a disbursing officer of
 8    the State out of a trust or out of federal funds, or  by  any
 9    Department  out  of State, trust, federal or other funds held
10    by the State Treasurer or the Department, to any  person  for
11    personal   services  currently  performed,  and  ordinary  or
12    accidental disability  benefits  under  Articles  2,  14,  15
13    (including  ordinary  or accidental disability benefits under
14    the optional retirement  program  established  under  Section
15    15-158.2),  paragraphs  (b)  or  (c)  of  Section  16-106, or
16    Article 18 of  the  Illinois  Pension  Code,  for  disability
17    incurred after January 1, 1966, or benefits payable under the
18    Workers'   Compensation   or  Occupational  Diseases  Act  or
19    benefits  payable  under  a  sick  pay  plan  established  in
20    accordance  with  Section  36  of  the  State  Finance   Act.
21    "Compensation" also means salary or wages paid to an employee
22    of any qualified local government or qualified rehabilitation
23    facility or a qualified domestic violence shelter or service.
24        (e)  "Commission"   means   the   State  Employees  Group
25    Insurance  Advisory  Commission  authorized  by   this   Act.
26    Commencing  July  1,  1984,  "Commission" as used in this Act
27    means  the  Illinois  Economic  and  Fiscal   Commission   as
28    established  by the Legislative Commission Reorganization Act
29    of 1984.
30        (f)  "Contributory", when  referred  to  as  contributory
31    coverage,  shall  mean optional coverages or benefits elected
32    by the member toward the cost  of  which  such  member  makes
33    contribution, or which are funded in whole or in part through
34    the acceptance of a reduction in earnings or the foregoing of
                            -4-                LRB9007293EGfg
 1    an increase in earnings by an employee, as distinguished from
 2    noncontributory  coverage or benefits which are paid entirely
 3    by the State of Illinois without reduction  of  the  member's
 4    salary.
 5        (g)  "Department"   means  any  department,  institution,
 6    board, commission, officer, court or any agency of the  State
 7    government  receiving  appropriations  and  having  power  to
 8    certify  payrolls  to the Comptroller authorizing payments of
 9    salary and wages against such appropriations as are  made  by
10    the  General  Assembly  from any State fund, or against trust
11    funds held by the State  Treasurer  and  includes  boards  of
12    trustees of the retirement systems created by Articles 2, 14,
13    15,  16  and  18  of the Illinois Pension Code.  "Department"
14    also includes the  Illinois  Comprehensive  Health  Insurance
15    Board,  the Board of Examiners established under the Illinois
16    Public Accounting Act, and the Illinois Rural Bond Bank.
17        (h)  "Dependent", when the term is used in the context of
18    the health and life plan, means a  member's  spouse  and  any
19    unmarried child (1) from birth to age 19 including an adopted
20    child, a child who lives with the member from the time of the
21    filing  of a petition for adoption until entry of an order of
22    adoption, a stepchild or recognized child who lives with  the
23    member  in  a parent-child relationship, or a child who lives
24    with the member if such member is a court appointed  guardian
25    of  the  child,  or  (2) age 19 to 23 enrolled as a full-time
26    student in any accredited school, financially dependent  upon
27    the  member,  and  eligible as a dependent for Illinois State
28    income tax purposes, or (3) age 19 or over who is mentally or
29    physically handicapped as defined in the  Illinois  Insurance
30    Code.  For  the  health  plan only, the term "dependent" also
31    includes any person enrolled prior to the effective  date  of
32    this  Section  who is dependent upon the member to the extent
33    that the member may claim such  person  as  a  dependent  for
34    Illinois  State  income tax deduction purposes; no other such
                            -5-                LRB9007293EGfg
 1    person may be enrolled.
 2        (i)  "Director"  means  the  Director  of  the   Illinois
 3    Department of Central Management Services.
 4        (j)  "Eligibility  period"  means  the  period  of time a
 5    member has to elect  enrollment  in  programs  or  to  select
 6    benefits without regard to age, sex or health.
 7        (k)  "Employee"   means  and  includes  each  officer  or
 8    employee in the service of a department who (1) receives  his
 9    compensation  for  service  rendered  to  the department on a
10    warrant  issued  pursuant  to  a  payroll  certified   by   a
11    department  or  on  a  warrant or check issued and drawn by a
12    department upon a trust,  federal  or  other  fund  or  on  a
13    warrant  issued pursuant to a payroll certified by an elected
14    or duly appointed  officer  of  the  State  or  who  receives
15    payment  of the performance of personal services on a warrant
16    issued pursuant to a payroll certified by  a  Department  and
17    drawn  by  the  Comptroller  upon the State Treasurer against
18    appropriations made by the General Assembly from any fund  or
19    against  trust  funds held by the State Treasurer, and (2) is
20    employed  full-time  or  part-time  in  a  position  normally
21    requiring actual performance of duty during not less than 1/2
22    of a normal work period, as established by  the  Director  in
23    cooperation with each department, except that persons elected
24    by  popular  vote  will  be  considered  employees during the
25    entire term for which they are elected  regardless  of  hours
26    devoted  to  the  service  of  the State, and (3) except that
27    "employee" does not include any person who is not eligible by
28    reason of such person's employment to participate in  one  of
29    the State retirement systems under Articles 2, 14, 15 (either
30    the  regular  Article  15  system  or the optional retirement
31    program established under Section 15-158.2) or 18,  or  under
32    paragraph  (b)  or  (c)  of  Section  16-106, of the Illinois
33    Pension Code, but such term  does  include  persons  who  are
34    employed  during  the 6 month qualifying period under Article
                            -6-                LRB9007293EGfg
 1    14 of the Illinois Pension Code.  Such term also includes any
 2    person who (1) after January 1, 1966, is  receiving  ordinary
 3    or  accidental  disability  benefits under Articles 2, 14, 15
 4    (including ordinary or accidental disability  benefits  under
 5    the  optional  retirement  program  established under Section
 6    15-158.2), paragraphs  (b)  or  (c)  of  Section  16-106,  or
 7    Article  18  of  the  Illinois  Pension  Code, for disability
 8    incurred after January 1, 1966, (2) receives total  permanent
 9    or total temporary disability under the Workers' Compensation
10    Act  or  Occupational  Disease  Act  as  a result of injuries
11    sustained or illness contracted in the course  of  employment
12    with  the  State of Illinois, or (3) is not otherwise covered
13    under this Act and has  retired  as  a  participating  member
14    under   Article  2  of  the  Illinois  Pension  Code  but  is
15    ineligible for the retirement annuity under Section 2-119  of
16    the  Illinois  Pension Code.  However, a person who satisfies
17    the criteria of the foregoing definition of "employee" except
18    that such person is made ineligible  to  participate  in  the
19    State   Universities  Retirement  System  by  clause  (4)  of
20    subsection (a) of Section 15-107 of the Illinois Pension Code
21    is  also  an  "employee"  for  the  purposes  of  this   Act.
22    "Employee" also includes any person receiving or eligible for
23    benefits under a sick pay plan established in accordance with
24    Section 36 of the State Finance Act. "Employee" also includes
25    each  officer or employee in the service of a qualified local
26    government,  including  persons  appointed  as  trustees   of
27    sanitary districts regardless of hours devoted to the service
28    of the sanitary district, and each employee in the service of
29    a   qualified  rehabilitation  facility  and  each  full-time
30    employee in the service  of  a  qualified  domestic  violence
31    shelter   or   service,  as  determined  according  to  rules
32    promulgated by the Director.
33        (l)  "Member"  means  an  employee,  annuitant,   retired
34    employee or survivor.
                            -7-                LRB9007293EGfg
 1        (m)  "Optional   coverages   or   benefits"  means  those
 2    coverages or benefits available to the member on his  or  her
 3    voluntary election, and at his or her own expense.
 4        (n)  "Program"  means  the  group  life insurance, health
 5    benefits and other employee benefits designed and  contracted
 6    for by the Director under this Act.
 7        (o)  "Health  plan" means a self-insured health insurance
 8    program offered by the State of Illinois for the purposes  of
 9    benefiting  employees  by  means  of providing, among others,
10    wellness programs, utilization reviews, second  opinions  and
11    medical  fee  reviews, as well as for paying for hospital and
12    medical care up to the maximum coverage provided by the plan,
13    to its members and their dependents.
14        (p)  "Retired employee" means any person who would be  an
15    annuitant  as  that  term  is defined herein but for the fact
16    that such person retired prior to January 1, 1966.  Such term
17    also includes any person formerly employed by the  University
18    of Illinois in the Cooperative Extension Service who would be
19    an  annuitant  but  for  the  fact  that such person was made
20    ineligible  to  participate   in   the   State   Universities
21    Retirement  System by clause (4) of subsection (a) of Section
22    15-107 of the Illinois Pension Code.
23        (p-6)  "New SURS retired employee" means a person who, on
24    or after January 1, 1998,  becomes  a  retired  employee,  as
25    defined  in  subsection  (p),  by  virtue  of  being a person
26    formerly employed  by  the  University  of  Illinois  in  the
27    Cooperative  Extension  Service who would be an annuitant but
28    for  the  fact  that  he  or  she  was  made  ineligible   to
29    participate  in  the  State Universities Retirement System by
30    clause (4)  of  subsection  (a)  of  Section  15-107  of  the
31    Illinois  Pension Code, and who is eligible to participate in
32    the basic program  of  group  health  benefits  provided  for
33    retired employees under this Act.
34        (q)  "Survivor"  means a person receiving an annuity as a
                            -8-                LRB9007293EGfg
 1    survivor of an employee or of an annuitant.  "Survivor"  also
 2    includes:  (1)  the  surviving  dependent  of  a  person  who
 3    satisfies  the  definition  of  "employee"  except  that such
 4    person  is  made  ineligible  to  participate  in  the  State
 5    Universities Retirement System by clause  (4)  of  subsection
 6    (a)  of  Section 15-107 of the Illinois Pension Code; and (2)
 7    the surviving dependent of any person  formerly  employed  by
 8    the  University  of  Illinois  in  the  Cooperative Extension
 9    Service who would be an annuitant except for  the  fact  that
10    such  person  was made ineligible to participate in the State
11    Universities Retirement System by clause  (4)  of  subsection
12    (a) of Section 15-107 of the Illinois Pension Code.
13        (q-5)  "New  SERS  survivor" means a survivor, as defined
14    in subsection (q), whose annuity is paid under Article 14  of
15    the Illinois Pension Code and is based on the death of (i) an
16    employee  whose  death occurs on or after January 1, 1998, or
17    (ii) a new SERS annuitant as defined in subsection (b-5).
18        (q-6)  "New SURS survivor" means a survivor,  as  defined
19    in  subsection (q), whose annuity is paid under Article 15 of
20    the Illinois Pension Code and is based on the death of (i) an
21    employee whose death occurs on or after January 1,  1998,  or
22    (ii)  a new SURS annuitant as defined in subsection (b-6), or
23    (iii) a new SURS retired employee as  defined  in  subsection
24    (p-6).
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
                            -9-                LRB9007293EGfg
 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 Human Services  (as  successor
20    to   the   Department  of  Mental  Health  and  Developmental
21    Disabilities)   to   provide   services   to   persons   with
22    disabilities and which  receives  funds  from  the  State  of
23    Illinois  for  providing  those  services,  approved  by  the
24    Director   and  participating  in  a  program  created  under
25    subsection (j) of Section 10 of this Act.
26        (u)  "Qualified domestic  violence  shelter  or  service"
27    means  any  Illinois domestic violence shelter or service and
28    its administrative offices funded by the Department of  Human
29    Services  (as  successor to the Illinois Department of Public
30    Aid), approved by the Director and participating in a program
31    created under subsection (k) of Section 10.
32        (v)  "TRS benefit recipient" means a person who:
33             (1)  is not a "member" as defined in  this  Section;
34        and
                            -10-               LRB9007293EGfg
 1             (2)  is  receiving  a  monthly benefit or retirement
 2        annuity under Article 16 of the  Illinois  Pension  Code;
 3        and
 4             (3)  either  (i)  has at least 8 years of creditable
 5        service under Article 16 of the Illinois Pension Code, or
 6        (ii) was enrolled in the health insurance program offered
 7        under that Article on January 1, 1996, or  (iii)  is  the
 8        survivor  of a benefit recipient who had at least 8 years
 9        of creditable service under Article 16  of  the  Illinois
10        Pension  Code  or  was  enrolled  in the health insurance
11        program offered under that Article on the effective  date
12        of this amendatory Act of 1995, or (iv) is a recipient or
13        survivor  of  a  recipient  of a disability benefit under
14        Article 16 of the Illinois Pension Code.
15        (w)  "TRS dependent beneficiary" means a person who:
16             (1)  is not a "member" or "dependent" as defined  in
17        this Section; and
18             (2)  is  a  TRS benefit recipient's: (A) spouse, (B)
19        dependent parent who is receiving at least half of his or
20        her support  from  the  TRS  benefit  recipient,  or  (C)
21        unmarried  natural  or adopted child who is (i) under age
22        19, or  (ii)  enrolled  as  a  full-time  student  in  an
23        accredited  school,  financially  dependent  upon the TRS
24        benefit recipient, eligible as a dependent  for  Illinois
25        State  income tax purposes, and either is under age 24 or
26        was, on January 1, 1996,  participating  as  a  dependent
27        beneficiary in the health insurance program offered under
28        Article  16 of the Illinois Pension Code, or (iii) age 19
29        or over who is  mentally  or  physically  handicapped  as
30        defined in the Illinois Insurance Code.
31        (x)  "Military  leave  with  pay  and benefits" refers to
32    individuals in basic training for reserves,  special/advanced
33    training,  annual  training, emergency call up, or activation
34    by the President of the United States with approved  pay  and
                            -11-               LRB9007293EGfg
 1    benefits.
 2        (y)  "Military  leave without pay and benefits" refers to
 3    individuals who enlist for active duty in a regular component
 4    of the U.S. Armed Forces  or  other  duty  not  specified  or
 5    authorized under military leave with pay and benefits.
 6        (z)  "Community college benefit recipient" means a person
 7    who:
 8             (1)  is  not  a "member" as defined in this Section;
 9        and
10             (2)  is receiving a monthly  survivor's  annuity  or
11        retirement  annuity  under  Article  15  of  the Illinois
12        Pension Code; and
13             (3)  either  (i)  was  a  full-time  employee  of  a
14        community college district or an association of community
15        college boards created under the Public Community College
16        Act (other than an employee  whose  last  employer  under
17        Article  15  of the Illinois Pension Code was a community
18        college district subject to Article  VII  of  the  Public
19        Community College Act) and was eligible to participate in
20        a  group  health  benefit  plan as an employee during the
21        time of employment  with  a  community  college  district
22        (other  than  a  community  college  district  subject to
23        Article VII of the Public Community College  Act)  or  an
24        association  of  community college boards, or (ii) is the
25        survivor of a person described in item (i).
26        (aa)  "Community college dependent beneficiary"  means  a
27    person who:
28             (1)  is  not a "member" or "dependent" as defined in
29        this Section; and
30             (2)  is a community college benefit recipient's: (A)
31        spouse, (B) dependent parent who is  receiving  at  least
32        half  of  his  or  her support from the community college
33        benefit recipient, or (C) unmarried  natural  or  adopted
34        child  who  is  (i)  under  age 19, or (ii) enrolled as a
                            -12-               LRB9007293EGfg
 1        full-time student in an  accredited  school,  financially
 2        dependent  upon  the community college benefit recipient,
 3        eligible as a dependent for  Illinois  State  income  tax
 4        purposes  and  under  age 23, or (iii) age 19 or over and
 5        mentally or physically  handicapped  as  defined  in  the
 6        Illinois Insurance Code.
 7    (Source:  P.A.  89-21,  eff.  6-21-95;  89-25,  eff. 6-21-95;
 8    89-76,  eff.  7-1-95;  89-324,  eff.  8-13-95;  89-430,  eff.
 9    12-15-95; 89-502, eff. 7-1-96; 89-507, eff.  7-1-97;  89-628,
10    eff.  8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
11    eff. 8-16-97; 90-497, eff.  8-18-97;  90-511,  eff.  8-22-97;
12    revised 10-13-97.)
13        (5 ILCS 375/10) (from Ch. 127, par. 530)
14        Sec. 10. Payments by State; premiums.
15        (a)  The    State   shall   pay   the   cost   of   basic
16    non-contributory group life insurance and, subject to  member
17    paid  contributions set by the Department or required by this
18    Section, the basic program of group health benefits  on  each
19    eligible  member,  except  a member, not otherwise covered by
20    this Act, who has retired as  a  participating  member  under
21    Article  2 of the Illinois Pension Code but is ineligible for
22    the retirement annuity under Section 2-119  of  the  Illinois
23    Pension  Code, and part of each eligible member's and retired
24    member's premiums for health insurance coverage for  enrolled
25    dependents as provided by Section 9.  The State shall pay the
26    cost of the basic program of group health benefits only after
27    benefits  are  reduced  by  the amount of benefits covered by
28    Medicare for all retired members and retired dependents  aged
29    65  years  or older who are entitled to benefits under Social
30    Security  or  the  Railroad  Retirement  system  or  who  had
31    sufficient Medicare-covered government employment except that
32    such reduction in benefits shall apply only to those  retired
33    members  or  retired dependents who (1) first become eligible
                            -13-               LRB9007293EGfg
 1    for such Medicare coverage on or after July 1, 1992;  or  (2)
 2    remain  eligible for, but no longer receive Medicare coverage
 3    which they had been receiving on or after July 1,  1992.  The
 4    Department  may  determine the aggregate level of the State's
 5    contribution on the basis of actual cost of medical  services
 6    adjusted  for  age,  sex  or  geographic or other demographic
 7    characteristics which affect the costs of such programs.
 8        (a-1)  Beginning January 1, 1998,  for  each  person  who
 9    becomes  a  new  SERS annuitant and participates in the basic
10    program of group health benefits, the State shall  contribute
11    toward  the  cost of the annuitant's coverage under the basic
12    program of group health benefits an amount  equal  to  5%  of
13    that cost for each full year of creditable service upon which
14    the  annuitant's retirement annuity is based, up to a maximum
15    of 100% for an annuitant with 20 or more years of  creditable
16    service.  The remainder of the cost of a new SERS annuitant's
17    coverage  under  the  basic  program of group health benefits
18    shall be the responsibility of the annuitant.
19        (a-2)  Beginning January 1, 1998,  for  each  person  who
20    becomes  a  new  SERS  survivor and participates in the basic
21    program of group health benefits, the State shall  contribute
22    toward  the  cost  of the survivor's coverage under the basic
23    program of group health benefits an amount  equal  to  5%  of
24    that  cost  for  each full year of the deceased employee's or
25    deceased  annuitant's  creditable  service   in   the   State
26    Employees'  Retirement  System  of  Illinois  on  the date of
27    death, up to a maximum of 100% for a survivor of an  employee
28    or  annuitant  with  20  or more years of creditable service.
29    The remainder of the cost of the new SERS survivor's coverage
30    under the basic program of group health benefits shall be the
31    responsibility of the survivor.
32        (a-3)  Beginning January 1, 1998,  for  each  person  who
33    becomes  a  new  SURS annuitant and participates in the basic
34    program of group health benefits, the State shall  contribute
                            -14-               LRB9007293EGfg
 1    toward  the  cost of the annuitant's coverage under the basic
 2    program of group health benefits an amount  equal  to  5%  of
 3    that cost for each full year of creditable service upon which
 4    the  annuitant's retirement annuity is based, up to a maximum
 5    of 100% for an annuitant with 20 or more years of  creditable
 6    service.  The remainder of the cost of a new SURS annuitant's
 7    coverage  under  the  basic  program of group health benefits
 8    shall be the responsibility of the annuitant.
 9        (a-4)  (Blank).  Beginning  January  1,  1998,  for  each
10    person  who  becomes  a  new  SURS   retired   employee   and
11    participates  in  the basic program of group health benefits,
12    the State shall contribute toward the  cost  of  the  retired
13    employee's  coverage  under the basic program of group health
14    benefits an amount equal to 5% of that  cost  for  each  full
15    year  that the retired employee was an employee as defined in
16    Section 3, up to a maximum of 100% for a retired employee who
17    was an employee for 20 or more years.  The remainder  of  the
18    cost  of  a  new  SURS  retired employee's coverage under the
19    basic  program  of  group  health  benefits  shall   be   the
20    responsibility of the retired employee.
21        (a-5)  Beginning  January  1,  1998,  for each person who
22    becomes a new SURS survivor and  participates  in  the  basic
23    program  of group health benefits, the State shall contribute
24    toward the cost of the survivor's coverage  under  the  basic
25    program  of  group  health  benefits an amount equal to 5% of
26    that cost for each full year of the  deceased  employee's  or
27    deceased   annuitant's   creditable   service  in  the  State
28    Universities Employees' Retirement System of Illinois on  the
29    date  of  death, up to a maximum of 100% for a survivor of an
30    employee or annuitant with 20 or  more  years  of  creditable
31    service.    The  remainder  of  the  cost  of  the  new  SURS
32    survivor's coverage under the basic program of  group  health
33    benefits shall be the responsibility of the survivor.
34        (a-6)  A  new SERS annuitant, new SERS survivor, new SURS
                            -15-               LRB9007293EGfg
 1    annuitant, new SURS retired employee, or  new  SURS  survivor
 2    may  waive  or  terminate  coverage  in  the program of group
 3    health benefits.  Any such annuitant or, survivor, or retired
 4    employee who has waived or terminated coverage may enroll  or
 5    re-enroll in the program of group health benefits only during
 6    the  annual  benefit  choice  period,  as  determined  by the
 7    Director; except that in the event of termination of coverage
 8    due to nonpayment of premiums, the annuitant or, survivor, or
 9    retired employee may not re-enroll in the program.
10        (a-7) No later than May 1  of  each  calendar  year,  the
11    Director  of  Central  Management  Services  shall certify in
12    writing to the Executive Secretary of  the  State  Employee's
13    Retirement  System  the  amounts  of  the Medicare supplement
14    health care premiums and  the  amounts  of  the  health  care
15    premiums   for  all  other  retirees  who  are  not  Medicare
16    eligible.
17        A separate calculation of the  premiums  based  upon  the
18    actual cost of each health care plan shall be so certified.
19        The Director of Central Management Services shall provide
20    to the Executive Secretary of the State Employee's Retirement
21    System  such information, statistics, and other data as he or
22    she  he/she  may  require  to  review  the  premium   amounts
23    certified by the Director of Central Management Services.
24        (b)  State employees who become eligible for this program
25    on  or after January 1, 1980 in positions, normally requiring
26    actual performance of duty not less than 1/2 of a normal work
27    period but not equal to that of a normal work  period,  shall
28    be  given  the  option  of  participating  in  the  available
29    program.  If  the  employee  elects coverage, the State shall
30    contribute on behalf of such employee  to  the  cost  of  the
31    employee's  benefit  and any applicable dependent supplement,
32    that sum which bears the same percentage as  that  percentage
33    of  time the employee regularly works when compared to normal
34    work period.
                            -16-               LRB9007293EGfg
 1        (c)  The basic non-contributory coverage from  the  basic
 2    program  of group health benefits shall be continued for each
 3    employee not in pay status or on active service by reason  of
 4    (1) leave of absence due to illness or injury, (2) authorized
 5    educational  leave  of  absence  or  sabbatical leave, or (3)
 6    military leave with pay and  benefits.  This  coverage  shall
 7    continue  until  expiration of authorized leave and return to
 8    active service, but not to exceed 24 months for leaves  under
 9    item (1) or (2). This 24-month limitation and the requirement
10    of  returning  to  active  service shall not apply to persons
11    receiving  ordinary  or  accidental  disability  benefits  or
12    retirement benefits through the appropriate State  retirement
13    system   or  benefits  under  the  Workers'  Compensation  or
14    Occupational Disease Act.
15        (d)  The  basic  group  life  insurance  coverage   shall
16    continue,  with full State contribution, where such person is
17    (1) absent  from  active  service  by  reason  of  disability
18    arising  from  any  cause  other  than self-inflicted, (2) on
19    authorized educational leave of absence or sabbatical  leave,
20    or (3) on military leave with pay and benefits.
21        (e)  Where  the  person is in non-pay status for a period
22    in excess of 30 days or on leave of absence,  other  than  by
23    reason  of  disability,  educational  or sabbatical leave, or
24    military  leave  with  pay  and  benefits,  such  person  may
25    continue coverage only by making personal  payment  equal  to
26    the amount normally contributed by the State on such person's
27    behalf.  Such  payments  and  coverage  may be continued: (1)
28    until such time as the person returns to  a  status  eligible
29    for  coverage  at State expense, but not to exceed 24 months,
30    (2) until such person's employment or annuitant  status  with
31    the  State  is  terminated,  or (3) for a maximum period of 4
32    years for members on military leave with pay and benefits and
33    military leave without pay and  benefits  (exclusive  of  any
34    additional service imposed pursuant to law).
                            -17-               LRB9007293EGfg
 1        (f)  The  Department  shall  establish by rule the extent
 2    to which other employee benefits will continue for persons in
 3    non-pay status or who are not in active service.
 4        (g)  The State shall  not  pay  the  cost  of  the  basic
 5    non-contributory  group  life  insurance,  program  of health
 6    benefits and other employee  benefits  for  members  who  are
 7    survivors  as defined by paragraphs (1) and (2) of subsection
 8    (q) of Section 3 of this Act.   The  costs  of  benefits  for
 9    these  survivors  shall  be  paid  by the survivors or by the
10    University of Illinois Cooperative Extension Service, or  any
11    combination thereof.
12        (h)  Those   persons   occupying   positions   with   any
13    department  as a result of emergency appointments pursuant to
14    Section 8b.8 of the Personnel Code  who  are  not  considered
15    employees  under  this  Act  shall  be  given  the  option of
16    participating in the programs of group life insurance, health
17    benefits and other employee benefits.  Such persons  electing
18    coverage  may participate only by making payment equal to the
19    amount  normally  contributed  by  the  State  for  similarly
20    situated employees.  Such amounts shall be determined by  the
21    Director.   Such payments and coverage may be continued until
22    such time as the person becomes an employee pursuant to  this
23    Act or such person's appointment is terminated.
24        (i)  Any  unit  of  local  government within the State of
25    Illinois may apply to the Director  to  have  its  employees,
26    annuitants,   and  their  dependents  provided  group  health
27    coverage  under  this  Act  on  a  non-insured   basis.    To
28    participate,  a unit of local government must agree to enroll
29    all of its employees, who may select  coverage  under  either
30    the State group health insurance plan or a health maintenance
31    organization  that  has  contracted  with  the  State  to  be
32    available  as a health care provider for employees as defined
33    in this Act.  A unit  of  local  government  must  remit  the
34    entire  cost  of  providing  coverage  under  the State group
                            -18-               LRB9007293EGfg
 1    health  insurance  plan  or,  for  coverage  under  a  health
 2    maintenance  organization,  an  amount  determined   by   the
 3    Director  based  on  an  analysis of the sex, age, geographic
 4    location, or other relevant  demographic  variables  for  its
 5    employees, except that the unit of local government shall not
 6    be  required to enroll those of its employees who are covered
 7    spouses or dependents under this plan or another group policy
 8    or  plan  providing  health  benefits  as  long  as  (1)   an
 9    appropriate  official  from  the  unit  of  local  government
10    attests  that  each employee not enrolled is a covered spouse
11    or dependent under this plan or another group policy or plan,
12    and (2) at least 85% of the employees are  enrolled  and  the
13    unit  of local government remits the entire cost of providing
14    coverage to those employees.  Employees  of  a  participating
15    unit of local government who are not enrolled due to coverage
16    under  another  group  health  policy or plan may enroll at a
17    later date subject to submission of satisfactory evidence  of
18    insurability  and  provided that no benefits shall be payable
19    for services incurred during the first 6 months  of  coverage
20    to  the  extent  the  services  are   in  connection with any
21    pre-existing  condition.   A  participating  unit  of   local
22    government may also elect to cover its annuitants.  Dependent
23    coverage  shall  be  offered  on  an optional basis, with the
24    costs paid by the unit of local government, its employees, or
25    some combination of the two as  determined  by  the  unit  of
26    local  government.   The  unit  of  local government shall be
27    responsible  for  timely  collection  and   transmission   of
28    dependent premiums.
29        The  Director  shall  annually determine monthly rates of
30    payment, subject to the following constraints:
31             (1)  In the first year of coverage, the rates  shall
32        be   equal  to  the  amount  normally  charged  to  State
33        employees for elected optional coverages or for  enrolled
34        dependents  coverages or other contributory coverages, or
                            -19-               LRB9007293EGfg
 1        contributed by the State for basic insurance coverages on
 2        behalf of its employees, adjusted for differences between
 3        State employees and employees of the local government  in
 4        age,   sex,   geographic   location   or  other  relevant
 5        demographic variables, plus an amount sufficient  to  pay
 6        for  the  additional  administrative  costs  of providing
 7        coverage to employees of the unit of local government and
 8        their dependents.
 9             (2)  In subsequent years, a further adjustment shall
10        be  made  to  reflect  the  actual  prior  years'  claims
11        experience  of  the  employees  of  the  unit  of   local
12        government.
13        In  the  case  of  coverage of local government employees
14    under a health maintenance organization, the  Director  shall
15    annually  determine  for  each  participating  unit  of local
16    government the maximum monthly amount the unit may contribute
17    toward that coverage, based on an analysis of  (i)  the  age,
18    sex,  geographic  location,  and  other  relevant demographic
19    variables of the unit's employees and (ii) the cost to  cover
20    those  employees under the State group health insurance plan.
21    The Director may  similarly  determine  the  maximum  monthly
22    amount  each  unit  of local government may contribute toward
23    coverage  of  its  employees'  dependents  under   a   health
24    maintenance organization.
25        Monthly  payments  by the unit of local government or its
26    employees for group health insurance  or  health  maintenance
27    organization   coverage  shall  be  deposited  in  the  Local
28    Government  Health  Insurance  Reserve   Fund.    The   Local
29    Government   Health   Insurance   Reserve  Fund  shall  be  a
30    continuing fund not subject to fiscal year limitations.   All
31    expenditures  from  this  fund shall be used for payments for
32    health care benefits for local government and  rehabilitation
33    facility   employees,  annuitants,  and  dependents,  and  to
34    reimburse  the  Department  or  its  administrative   service
                            -20-               LRB9007293EGfg
 1    organization  for all expenses incurred in the administration
 2    of benefits.  No other State funds  may  be  used  for  these
 3    purposes.
 4        A  local government employer's participation or desire to
 5    participate in a program created under this subsection  shall
 6    not   limit   that   employer's  duty  to  bargain  with  the
 7    representative of  any  collective  bargaining  unit  of  its
 8    employees.
 9        (j)  Any  rehabilitation  facility  within  the  State of
10    Illinois may apply to the Director  to  have  its  employees,
11    annuitants,   and  their  dependents  provided  group  health
12    coverage  under  this  Act  on  a   non-insured   basis.   To
13    participate,  a  rehabilitation facility must agree to enroll
14    all of its employees and remit the entire cost  of  providing
15    such   coverage   for   its   employees,   except   that  the
16    rehabilitation facility shall not be required to enroll those
17    of its employees who are covered spouses or dependents  under
18    this  plan  or  another group policy or plan providing health
19    benefits as long as (1)  an  appropriate  official  from  the
20    rehabilitation   facility  attests  that  each  employee  not
21    enrolled is a covered spouse or dependent under this plan  or
22    another  group  policy  or  plan, and (2) at least 85% of the
23    employees are enrolled and the rehabilitation facility remits
24    the entire cost of providing  coverage  to  those  employees.
25    Employees  of a participating rehabilitation facility who are
26    not enrolled due  to  coverage  under  another  group  health
27    policy  or  plan  may  enroll  at  a  later  date  subject to
28    submission  of  satisfactory  evidence  of  insurability  and
29    provided that no  benefits  shall  be  payable  for  services
30    incurred  during the first 6 months of coverage to the extent
31    the  services  are  in  connection  with   any   pre-existing
32    condition.  A  participating rehabilitation facility may also
33    elect to cover its annuitants. Dependent  coverage  shall  be
34    offered  on  an  optional  basis,  with the costs paid by the
                            -21-               LRB9007293EGfg
 1    rehabilitation facility, its employees, or  some  combination
 2    of  the  2  as determined by the rehabilitation facility. The
 3    rehabilitation  facility  shall  be  responsible  for  timely
 4    collection and transmission of dependent premiums.
 5        The Director shall annually determine quarterly rates  of
 6    payment, subject to the following constraints:
 7             (1)  In  the first year of coverage, the rates shall
 8        be  equal  to  the  amount  normally  charged  to   State
 9        employees  for elected optional coverages or for enrolled
10        dependents coverages or other contributory  coverages  on
11        behalf of its employees, adjusted for differences between
12        State  employees  and  employees  of  the  rehabilitation
13        facility  in  age,  sex,  geographic  location  or  other
14        relevant demographic variables, plus an amount sufficient
15        to   pay  for  the  additional  administrative  costs  of
16        providing coverage to  employees  of  the  rehabilitation
17        facility and their dependents.
18             (2)  In subsequent years, a further adjustment shall
19        be  made  to  reflect  the  actual  prior  years'  claims
20        experience   of   the  employees  of  the  rehabilitation
21        facility.
22        Monthly payments by the rehabilitation  facility  or  its
23    employees  for  group  health insurance shall be deposited in
24    the Local Government Health Insurance Reserve Fund.
25        (k)  Any domestic violence shelter or service within  the
26    State  of  Illinois  may  apply  to  the Director to have its
27    employees, annuitants, and their  dependents  provided  group
28    health  coverage  under  this Act on a non-insured basis.  To
29    participate, a domestic  violence  shelter  or  service  must
30    agree  to enroll all of its employees and pay the entire cost
31    of  providing   such   coverage   for   its   employees.    A
32    participating  domestic  violence  shelter  may also elect to
33    cover its annuitants.  Dependent coverage shall be offered on
34    an optional basis, with employees, or some combination of the
                            -22-               LRB9007293EGfg
 1    2 as determined by the domestic violence shelter or  service.
 2    The domestic violence shelter or service shall be responsible
 3    for timely collection and transmission of dependent premiums.
 4        The  Director shall annually determine quarterly rates of
 5    payment, subject to the following constraints:
 6             (1)  In the first year of coverage, the rates  shall
 7        be   equal  to  the  amount  normally  charged  to  State
 8        employees for elected optional coverages or for  enrolled
 9        dependents  coverages  or other contributory coverages on
10        behalf of its employees, adjusted for differences between
11        State employees and employees of  the  domestic  violence
12        shelter  or  service  in age, sex, geographic location or
13        other relevant  demographic  variables,  plus  an  amount
14        sufficient to pay for the additional administrative costs
15        of  providing  coverage  to  employees  of  the  domestic
16        violence shelter or service and their dependents.
17             (2)  In subsequent years, a further adjustment shall
18        be  made  to  reflect  the  actual  prior  years'  claims
19        experience  of  the  employees  of  the domestic violence
20        shelter or service.
21             (3)  In no case shall the  rate  be  less  than  the
22        amount normally charged to State employees or contributed
23        by the State on behalf of its employees.
24        Monthly  payments  by  the  domestic  violence shelter or
25    service or its employees for group health insurance shall  be
26    deposited  in  the  Local Government Health Insurance Reserve
27    Fund.
28        (l)  A  public  community  college  or  entity  organized
29    pursuant to the Public Community College Act may apply to the
30    Director initially to have only annuitants not covered  prior
31    to July 1, 1992 by the district's health plan provided health
32    coverage   under  this  Act  on  a  non-insured  basis.   The
33    community  college  must  execute  a   2-year   contract   to
34    participate  in  the  Local  Government  Health  Plan.  Those
                            -23-               LRB9007293EGfg
 1    annuitants enrolled initially under this contract shall  have
 2    no  benefits payable for services incurred during the first 6
 3    months  of  coverage  to  the  extent  the  services  are  in
 4    connection with any pre-existing  condition.   Any  annuitant
 5    who  may enroll after this initial enrollment period shall be
 6    subject   to   submission   of   satisfactory   evidence   of
 7    insurability and to the pre-existing conditions limitation.
 8        The Director shall annually determine  monthly  rates  of
 9    payment  subject  to  the  following  constraints:  for those
10    community colleges with annuitants only enrolled, first  year
11    rates  shall be equal to the average cost to cover claims for
12    a  State   member   adjusted   for   demographics,   Medicare
13    participation,  and  other factors; and in the second year, a
14    further adjustment of rates shall  be  made  to  reflect  the
15    actual   first   year's  claims  experience  of  the  covered
16    annuitants.
17        (m)  The Director shall adopt any rules deemed  necessary
18    for implementation of this amendatory Act of 1989 (Public Act
19    86-978).
20    (Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
21    89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
22    7-7-97.)
23        Section  10.  The  Illinois  Pension  Code  is amended by
24    adding Section 15-135.1 as follows:
25        (40 ILCS 5/15-135.1 new)
26        Sec. 15-135.1. Election  to  avoid  application  of  P.A.
27    90-65.
28        (a)  A  participant  who  was an employee on July 7, 1997
29    and retires on or after January 1, 1998 may elect in  writing
30    at  the  time  of  retirement  to have the retirement annuity
31    calculated in accordance  with  the  provisions  of  Sections
32    15-135  and  15-136  as  they  existed  immediately  prior to
                            -24-               LRB9007293EGfg
 1    amendment by Public Act 90-65.  This election, once made,  is
 2    irrevocable.
 3        (b)  The  System  shall promptly notify the Department of
 4    Central Management Services of each election made under  this
 5    Section.
 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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