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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, on24or after January 1, 1998, becomes a retired employee, as25defined in subsection (p), by virtue of being a person26formerly employed by the University of Illinois in the27Cooperative Extension Service who would be an annuitant but28for the fact that he or she was made ineligible to29participate in the State Universities Retirement System by30clause (4) of subsection (a) of Section 15-107 of the31Illinois Pension Code, and who is eligible to participate in32the basic program of group health benefits provided for33retired 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), or23(iii) a new SURS retired employee as defined in subsection24(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 each10person who becomes a new SURS retired employee and11participates in the basic program of group health benefits,12the State shall contribute toward the cost of the retired13employee's coverage under the basic program of group health14benefits an amount equal to 5% of that cost for each full15year that the retired employee was an employee as defined in16Section 3, up to a maximum of 100% for a retired employee who17was an employee for 20 or more years. The remainder of the18cost of a new SURS retired employee's coverage under the19basic program of group health benefits shall be the20responsibility 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 UniversitiesEmployees'Retirement Systemof Illinoison 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 retired4employeewho 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, or9retired employeemay 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 shehe/shemay 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.