Illinois Compiled Statutes
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40 ILCS 5/15-107
(40 ILCS 5/15-107)
(from Ch. 108 1/2, par. 15-107)
(a) "Employee" means any member of the educational, administrative,
secretarial, clerical, mechanical, labor or other staff of an employer
whose employment is permanent and continuous or who is employed in a
position in which services are expected to be rendered on a continuous
basis for at least 4 months or one academic term, whichever is less, who
(A) receives payment for personal services on a warrant issued pursuant to
a payroll voucher certified by an employer and drawn by the State
Comptroller upon the State Treasurer or by an employer upon trust, federal
or other funds, or (B) is on a leave of absence without pay. Employment
which is irregular, intermittent or temporary shall not be considered
continuous for purposes of this paragraph.
However, a person is not an "employee" if he or she:
(1) is a student enrolled in and regularly attending
classes in a college or university which is an employer, and is employed on a temporary basis at less than full time;
(2) is currently receiving a retirement annuity or a
disability retirement annuity under Section 15-153.2 from this System;
(3) is on a military leave of absence;
(4) is eligible to participate in the Federal Civil
Service Retirement System and is currently making contributions to that system based upon earnings paid by an employer;
(5) is on leave of absence without pay for more than
60 days immediately following termination of disability benefits under this Article;
(6) is hired after June 30, 1979 as a public service
employment program participant under the Federal Comprehensive Employment and Training Act and receives earnings in whole or in part from funds provided under that Act; or
(7) is employed on or after July 1, 1991 to perform
services that are excluded by subdivision (a)(7)(f) or (a)(19) of Section 210 of the federal Social Security Act from the definition of employment given in that Section (42 U.S.C. 410).
(b) Any employer may, by filing a written notice with the board, exclude
from the definition of "employee" all persons employed pursuant to a federally
funded contract entered into after July 1, 1982 with a federal military
department in a program providing training in military courses to federal
military personnel on a military site owned by the United States Government,
if this exclusion is not prohibited by the federally funded contract or
federal laws or rules governing the administration of the contract.
(c) Any person appointed by the Governor under the Civil Administrative
Code of the State is an employee, if he or she is a participant in this
system on the effective date of the appointment.
(d) A participant on lay-off status under civil service rules is
considered an employee for not more than 120 days from the date of the lay-off.
(e) A participant is considered an employee during (1) the first 60 days
of disability leave, (2) the period, not to exceed one year, in which his
or her eligibility for disability benefits is being considered by the board
or reviewed by the courts, and (3) the period he or she receives disability
benefits under the provisions of Section 15-152, workers' compensation or
occupational disease benefits, or disability income under an insurance
contract financed wholly or partially by the employer.
(f) Absences without pay, other than formal leaves of absence, of less
than 30 calendar days, are not considered as an interruption of a person's
status as an employee. If such absences during any period of 12 months
exceed 30 work days, the employee status of the person is considered as
interrupted as of the 31st work day.
(g) A staff member whose employment contract requires services during
an academic term is to be considered an employee during the summer and
other vacation periods, unless he or she declines an employment contract
for the succeeding academic term or his or her employment status is
otherwise terminated, and he or she receives no earnings during these periods.
(h) An individual who was a participating employee employed in the fire
department of the University of Illinois's Champaign-Urbana campus immediately
prior to the elimination of that fire department and who immediately after the
elimination of that fire department became employed by the fire department of
the City of Urbana or the City of Champaign shall continue to be considered as
an employee for purposes of this Article for so long as the individual remains
employed as a firefighter by the City of Urbana or the City of Champaign. The
individual shall cease to be considered an employee under this subsection (h)
upon the first termination of the individual's employment as a firefighter by
the City of Urbana or the City of Champaign.
(i) An individual who is employed on a full-time basis as an officer
or employee of a statewide teacher organization that serves System
participants or an officer of a national teacher organization that serves
System participants may participate in the System and shall be deemed an
employee, provided that (1) the individual has previously earned
creditable service under this Article, (2) the individual files with the
System an irrevocable election to become a participant before the effective date of this amendatory Act of the 97th General Assembly, (3) the
individual does not receive credit for that employment under any other Article
of this Code, and (4) the individual first became a full-time employee of the teacher organization and becomes a participant before the effective date of this amendatory Act of the 97th General Assembly. An employee under this subsection (i) is responsible for paying
to the System both (A) employee contributions based on the actual compensation
received for service with the teacher organization and (B) employer
contributions equal to the normal costs (as defined in Section 15-155)
resulting from that service; all or any part of these contributions may be
paid on the employee's behalf or picked up for tax purposes (if authorized
under federal law) by the teacher organization.
A person who is an employee as defined in this subsection (i) may establish
service credit for similar employment prior to becoming an employee under this
subsection by paying to the System for that employment the contributions
specified in this subsection, plus interest at the effective rate from the
date of service to the date of payment. However, credit shall not be granted
under this subsection for any such prior employment for which the applicant
received credit under any other provision of this Code, or during which
the applicant was on a leave of absence under Section 15-113.2.
(j) A person employed by the State Board of Higher Education in a position with the Illinois Century Network as of June 30, 2004 shall be considered to be an employee for so long as he or she remains continuously employed after that date by the Department of Central Management Services in a position with the Illinois Century Network, the Bureau of Communication and Computer Services, or, if applicable, any successor bureau
and meets the requirements of subsection (a).
(k) The Board shall promulgate rules with respect to determining whether any person is an employee within the meaning of this Section. In the case of doubt as to whether any person is an employee within the meaning of this
Section or any rule adopted by the Board, the decision of the Board shall be
(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17