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Public Act 100-0895
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| SB3604 Enrolled | LRB100 21084 RJF 36924 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Government Severance Pay Act.
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Section 5. Definitions. As used in this Act:
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"Misconduct" includes, but is not limited to, the |
following:
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(1) Conduct demonstrating conscious disregard of an |
employer's interests and found to be a deliberate violation |
or disregard of the reasonable standards of behavior which |
the employer expects of his or her employee. Such conduct |
may include, but is not limited to, willful damage to an |
employer's property that results in damage of more than |
$50, or theft of employer property or property of a |
customer or invitee of the employer.
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(2) Carelessness or negligence to a degree or |
recurrence that manifests culpability or wrongful intent, |
or shows an intentional and substantial disregard of the |
employer's interests or of the employee's duties and |
obligations to his or her employer.
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(3) Chronic absenteeism or tardiness in deliberate |
violation of a known policy of the employer or one or more |
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unapproved absences following a written reprimand or |
warning relating to more than one unapproved absence.
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(4) A willful and deliberate violation of a standard or |
regulation of this State by an employee of an employer |
licensed or certified by this State, which violation would |
cause the employer to be sanctioned or have its license or |
certification suspended by this State.
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(5) A violation of an employer's rule, unless the |
claimant can demonstrate that:
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(A) he or she did not know, and could not |
reasonably know, of the rule's requirements;
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(B) the rule is not lawful or not reasonably |
related to the job environment and performance; or
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(C) the rule is not fairly or consistently |
enforced.
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(6) Other conduct, including, but not limited to, |
committing criminal assault or battery on another |
employee, or on a customer or invitee of the employer, or |
committing abuse or neglect of a patient, resident, |
disabled person, elderly person, or child in her or his |
professional care.
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"Severance pay" means the actual or constructive |
compensation, including salary, benefits, or perquisites, for |
employment services yet to be rendered which is provided to an |
employee who has recently been or is about to be terminated.
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"Unit of government" means and includes all boards, |
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commissions, agencies, institutions, authorities, and bodies |
politic and corporate of the State, created by or in accordance |
with the constitution or statute, of the executive branch of |
State government and does include colleges, universities, and |
institutions under the jurisdiction of the governing boards of |
the University of Illinois, Southern Illinois University, |
Illinois State University, Eastern Illinois University, |
Northern Illinois University, Western Illinois University, |
Chicago State University, Governors State University, |
Northeastern Illinois University, and the Board of Higher |
Education. "Unit of government" also includes units of local |
government, school districts, and community colleges under the |
Public Community College Act.
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Section 10. Severance pay.
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(a) A unit of government that enters into a contract or |
employment agreement, or renewal or renegotiation of an |
existing contract or employment agreement, that contains a |
provision for severance pay with an officer, agent, employee, |
or contractor must include the following provisions in the |
contract:
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(1) a requirement that severance pay provided may not |
exceed an amount greater than 20 weeks of compensation; and
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(2) a prohibition of provision of severance pay when |
the officer, agent, employee, or contractor has been fired |
for misconduct by the unit of government.
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