State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Senate Amendment 001 ]

91_SB0854eng

 
SB854 Engrossed                                LRB9105994EGfg

 1        AN ACT concerning retired teachers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  State Employees Group Insurance Act of
 5    1971 is amended by changing Sections 6.5 and 10 as follows:

 6        (5 ILCS 375/6.5)
 7        Sec. 6.5. Health benefits for TRS benefit recipients  and
 8    TRS dependent beneficiaries.
 9        (a)  Purpose.   It  is the purpose of this amendatory Act
10    of 1995 to transfer the  administration  of  the  program  of
11    health  benefits established for benefit recipients and their
12    dependent beneficiaries under  Article  16  of  the  Illinois
13    Pension   Code   to  the  Department  of  Central  Management
14    Services.
15        (b)  Transition provisions.  The Board of Trustees of the
16    Teachers' Retirement System shall continue to administer  the
17    health  benefit  program  established under Article 16 of the
18    Illinois Pension Code through December 31,  1995.   Beginning
19    January   1,  1996,  the  Department  of  Central  Management
20    Services shall be responsible for administering a program  of
21    health  benefits for TRS benefit recipients and TRS dependent
22    beneficiaries under this Section.  The Department of  Central
23    Management Services and the Teachers' Retirement System shall
24    cooperate   in  this  endeavor  and  shall  coordinate  their
25    activities  so  as  to  ensure  a   smooth   transition   and
26    uninterrupted health benefit coverage.
27        (c)  Eligibility.   All  persons who were enrolled in the
28    Article 16 program at the  time  of  the  transfer  shall  be
29    eligible to participate in the program established under this
30    Section  without  any  interruption  or  delay in coverage or
31    limitation   as   to   pre-existing    medical    conditions.
 
SB854 Engrossed             -2-                LRB9105994EGfg
 1    Eligibility   to  participate  shall  be  determined  by  the
 2    Teachers' Retirement System.  Eligibility  information  shall
 3    be  communicated  to  the  Department  of  Central Management
 4    Services in a format acceptable to the Department.
 5        (d)  Coverage.  The level  of  health  benefits  provided
 6    under  this Section shall be similar to the level of benefits
 7    provided by the program previously established under  Article
 8    16  of  the  Illinois  Pension Code; except that beginning in
 9    State fiscal year 2001, the benefits  and  participant  costs
10    for the following listed benefit areas shall be substantially
11    the same as for the program of basic health benefits provided
12    under this Act for retired State employees:

13    For Managed Health Care Plans:
14             (i)  inpatient admission copayment.

15    For the Major Medical Plan:
16             (1)  annual deductible;
17             (2)  general out-of-pocket maximum;
18             (3)  Medicare coordination of benefit.
19        Group  life  insurance  benefits  are not included in the
20    benefits to be provided to TRS  benefit  recipients  and  TRS
21    dependent beneficiaries under this Act.
22        The  program  of  health  benefits under this Section may
23    include any or all of the benefit limitations, including  but
24    not  limited  to a reduction in benefits based on eligibility
25    for  federal  medicare  benefits,  that  are  provided  under
26    subsection (a) of Section 6 of  this  Act  for  other  health
27    benefit programs under this Act.
28        (e)  Insurance  rates  and  premiums.  The Director shall
29    determine the insurance rates and premiums  for  TRS  benefit
30    recipients  and TRS dependent beneficiaries.  For Fiscal Year
31    1996, the premium shall be  equal  to  the  premium  actually
32    charged  in  Fiscal  Year  1995.   In  subsequent  years, the
33    premium shall never be lower  than  the  premium  charged  in
 
SB854 Engrossed             -3-                LRB9105994EGfg
 1    Fiscal Year 1995.  Rates and premiums may be based in part on
 2    age and eligibility for federal medicare coverage.
 3        The  cost  of  health benefits under the program shall be
 4    paid as follows:
 5             (1)  For a TRS benefit recipient selecting a managed
 6        care program, up to 75% of the total insurance rate shall
 7        be paid from the Teacher Health Insurance Security Fund.
 8             (2)  For a TRS benefit recipient selecting the major
 9        medical  coverage  program,  up  to  50%  of  the   total
10        insurance  rate  shall  be  paid  from the Teacher Health
11        Insurance Security Fund if  a  managed  care  program  is
12        accessible,  as  determined  by  the Teachers' Retirement
13        System.
14             (3)  For a TRS benefit recipient selecting the major
15        medical  coverage  program,  up  to  75%  of  the   total
16        insurance  rate  shall  be  paid  from the Teacher Health
17        Insurance Security Fund if a managed care program is  not
18        accessible,  as  determined  by  the Teachers' Retirement
19        System.
20             (4)  The balance of the rate of insurance, including
21        the entire premium of  any  coverage  for  TRS  dependent
22        beneficiaries  that  has  been  elected, shall be paid by
23        deductions authorized by the TRS benefit recipient to  be
24        withheld  from  his  or  her  monthly  annuity or benefit
25        payment from the Teachers' Retirement System; except that
26        (i) if the balance of the cost of  coverage  exceeds  the
27        amount  of  the  monthly  annuity or benefit payment, the
28        difference  shall  be  paid  directly  to  the  Teachers'
29        Retirement System by the TRS benefit recipient, and  (ii)
30        all  or  part of the balance of the cost of coverage may,
31        at the school  board's option, be paid to  the  Teachers'
32        Retirement  System  by  the  school  board  of the school
33        district from which the TRS benefit recipient retired, in
34        accordance with Section 10-22.3b of the School Code.  The
 
SB854 Engrossed             -4-                LRB9105994EGfg
 1        Teachers' Retirement System shall  promptly  deposit  all
 2        moneys  withheld  by or paid to it under this subdivision
 3        (e)(4) into the Teacher Health Insurance  Security  Fund.
 4        These  moneys  shall  not  be  considered  assets  of the
 5        Retirement System.
 6        (f)  Financing.  Beginning July  1,  1995,  all  revenues
 7    arising   from  the  administration  of  the  health  benefit
 8    programs established under Article 16 of the Illinois Pension
 9    Code or this Section shall  be  deposited  into  the  Teacher
10    Health  Insurance Security Fund, which is hereby created as a
11    nonappropriated trust fund  to  be  held  outside  the  State
12    Treasury,   with  the  State  Treasurer  as  custodian.   Any
13    interest earned on moneys in  the  Teacher  Health  Insurance
14    Security Fund shall be deposited into the Fund.
15        Moneys  in  the  Teacher  Health  Insurance Security Fund
16    shall be used only to pay the costs  of  the  health  benefit
17    program  established under this Section, including associated
18    administrative costs,  and  the  costs  associated  with  the
19    health  benefit  program  established under Article 16 of the
20    Illinois  Pension  Code,  as  authorized  in  this   Section.
21    Beginning  July 1, 1995, the Department of Central Management
22    Services  may  make  expenditures  from  the  Teacher  Health
23    Insurance Security Fund for those costs.
24        After other funds authorized for the payment of the costs
25    of the health benefit program established under Article 16 of
26    the Illinois Pension Code are exhausted and until January  1,
27    1996  (or  such  later  date  as  may  be  agreed upon by the
28    Director of Central Management Services and the Secretary  of
29    the  Teachers'  Retirement  System),  the  Secretary  of  the
30    Teachers'  Retirement  System  may make expenditures from the
31    Teacher Health Insurance Security Fund as necessary to pay up
32    to 75% of the cost of providing health coverage  to  eligible
33    benefit  recipients  (as  defined  in  Sections  16-153.1 and
34    16-153.3 of the Illinois Pension Code) who  are  enrolled  in
 
SB854 Engrossed             -5-                LRB9105994EGfg
 1    the  Article  16 health benefit program and to facilitate the
 2    transfer of administration of the health benefit  program  to
 3    the Department of Central Management Services.
 4        (g)  Contract   for  benefits.   The  Director  shall  by
 5    contract, self-insurance, or  otherwise  make  available  the
 6    program  of  health  benefits  for TRS benefit recipients and
 7    their TRS dependent beneficiaries that  is  provided  for  in
 8    this  Section.   The  contract  or  other arrangement for the
 9    provision of these health benefits shall be on  terms  deemed
10    by  the  Director  to be in the best interest of the State of
11    Illinois and the TRS benefit recipients  based  on,  but  not
12    limited  to,  such  criteria  as administrative cost, service
13    capabilities of the carrier  or  other  contractor,  and  the
14    costs of the benefits.
15        (h)  Continuation of program.  It is the intention of the
16    General Assembly that the program of health benefits provided
17    under  this  Section  be maintained on an ongoing, affordable
18    basis.  The program of health benefits  provided  under  this
19    Section may be amended by the State and is not intended to be
20    a  pension  or retirement benefit subject to protection under
21    Article XIII, Section 5 of the Illinois Constitution.
22    (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95.)

23        (5 ILCS 375/10) (from Ch. 127, par. 530)
24        Sec. 10. Payments by State; premiums.
25        (a)  The   State   shall   pay   the   cost   of    basic
26    non-contributory  group life insurance and, subject to member
27    paid contributions set by the Department or required by  this
28    Section,  the  basic program of group health benefits on each
29    eligible member, except a member, not  otherwise  covered  by
30    this  Act,  who  has  retired as a participating member under
31    Article 2 of the Illinois Pension Code but is ineligible  for
32    the  retirement  annuity  under Section 2-119 of the Illinois
33    Pension Code, and part of each eligible member's and  retired
 
SB854 Engrossed             -6-                LRB9105994EGfg
 1    member's  premiums for health insurance coverage for enrolled
 2    dependents as provided by Section 9.  The State shall pay the
 3    cost of the basic program of group health benefits only after
 4    benefits are reduced by the amount  of  benefits  covered  by
 5    Medicare  for all retired members and retired dependents aged
 6    65 years or older who are entitled to benefits  under  Social
 7    Security  or  the  Railroad  Retirement  system  or  who  had
 8    sufficient Medicare-covered government employment except that
 9    such  reduction in benefits shall apply only to those retired
10    members or retired dependents who (1) first  become  eligible
11    for  such  Medicare coverage on or after July 1, 1992; or (2)
12    remain eligible for, but no longer receive Medicare  coverage
13    which  they  had been receiving on or after July 1, 1992. The
14    Department may determine the aggregate level of  the  State's
15    contribution  on the basis of actual cost of medical services
16    adjusted for age, sex  or  geographic  or  other  demographic
17    characteristics which affect the costs of such programs.
18        (a-1)  Beginning  January  1,  1998,  for each person who
19    becomes a new SERS annuitant and participates  in  the  basic
20    program  of group health benefits, the State shall contribute
21    toward the cost of the annuitant's coverage under  the  basic
22    program  of  group  health  benefits an amount equal to 5% of
23    that cost for each full year of creditable service upon which
24    the annuitant's retirement annuity is based, up to a  maximum
25    of  100% for an annuitant with 20 or more years of creditable
26    service.  The remainder of the cost of a new SERS annuitant's
27    coverage under the basic program  of  group  health  benefits
28    shall be the responsibility of the annuitant.
29        (a-2)  Beginning  January  1,  1998,  for each person who
30    becomes a new SERS survivor and  participates  in  the  basic
31    program  of group health benefits, the State shall contribute
32    toward the cost of the survivor's coverage  under  the  basic
33    program  of  group  health  benefits an amount equal to 5% of
34    that cost for each full year of the  deceased  employee's  or
 
SB854 Engrossed             -7-                LRB9105994EGfg
 1    deceased   annuitant's   creditable   service  in  the  State
 2    Employees' Retirement System  of  Illinois  on  the  date  of
 3    death,  up to a maximum of 100% for a survivor of an employee
 4    or annuitant with 20 or more  years  of  creditable  service.
 5    The remainder of the cost of the new SERS survivor's coverage
 6    under the basic program of group health benefits shall be the
 7    responsibility of the survivor.
 8        (a-3)  Beginning  January  1,  1998,  for each person who
 9    becomes a new SURS 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 SURS annuitant's
17    coverage under the basic program  of  group  health  benefits
18    shall be the responsibility of the annuitant.
19        (a-4)  Beginning  January  1,  1998,  for each person who
20    becomes a new SURS retired employee and participates  in  the
21    basic  program  of  group  health  benefits,  the State shall
22    contribute toward the cost of the retired employee's coverage
23    under the basic program of group health  benefits  an  amount
24    equal  to 5% of that cost for each full year that the retired
25    employee was an employee as defined in Section  3,  up  to  a
26    maximum  of  100%  for a retired employee who was an employee
27    for 20 or more years.  The remainder of the  cost  of  a  new
28    SURS  retired  employee's coverage under the basic program of
29    group health benefits shall  be  the  responsibility  of  the
30    retired employee.
31        (a-5)  Beginning  January  1,  1998,  for each person who
32    becomes a new SURS survivor and  participates  in  the  basic
33    program  of group health benefits, the State shall contribute
34    toward the cost of the survivor's coverage  under  the  basic
 
SB854 Engrossed             -8-                LRB9105994EGfg
 1    program  of  group  health  benefits an amount equal to 5% of
 2    that cost for each full year of the  deceased  employee's  or
 3    deceased   annuitant's   creditable   service  in  the  State
 4    Universities Retirement System on the date of death, up to  a
 5    maximum  of  100%  for a survivor of an employee or annuitant
 6    with 20 or more years of creditable service.   The  remainder
 7    of  the  cost  of  the new SURS survivor's coverage under the
 8    basic  program  of  group  health  benefits  shall   be   the
 9    responsibility of the survivor.
10        (a-6)  Beginning  July  1,  1998,  for  each  person  who
11    becomes  a  new  TRS  State annuitant and participates in the
12    basic program of  group  health  benefits,  the  State  shall
13    contribute  toward the cost of the annuitant's coverage under
14    the basic program of group health benefits an amount equal to
15    5% of that cost for each full year of creditable service as a
16    teacher as defined in paragraph (2), (3), or (5)  of  Section
17    16-106   of   the   Illinois  Pension  Code  upon  which  the
18    annuitant's retirement annuity is based, up to a  maximum  of
19    100%  for  an  annuitant  with  20  or  more  years  of  such
20    creditable  service.   The remainder of the cost of a new TRS
21    State annuitant's coverage under the basic program  of  group
22    health benefits shall be the responsibility of the annuitant.
23        (a-7)  Beginning  July  1,  1998,  for  each  person  who
24    becomes  a  new  TRS  State  survivor and participates in the
25    basic program of  group  health  benefits,  the  State  shall
26    contribute  toward  the cost of the survivor's coverage under
27    the basic program of group health benefits an amount equal to
28    5% of that cost for each full year of the deceased employee's
29    or deceased annuitant's creditable service as  a  teacher  as
30    defined  in  paragraph  (2), (3), or (5) of Section 16-106 of
31    the Illinois Pension Code on the  date  of  death,  up  to  a
32    maximum  of  100%  for a survivor of an employee or annuitant
33    with 20 or  more  years  of  such  creditable  service.   The
34    remainder  of  the  cost  of  the  new  TRS  State survivor's
 
SB854 Engrossed             -9-                LRB9105994EGfg
 1    coverage under the basic program  of  group  health  benefits
 2    shall be the responsibility of the survivor.
 3        (a-8)  A  new SERS annuitant, new SERS survivor, new SURS
 4    annuitant, new SURS retired employee, new SURS survivor,  new
 5    TRS  State  annuitant, or new TRS State survivor may waive or
 6    terminate coverage in the program of group  health  benefits.
 7    Any  such  annuitant,  survivor,  or retired employee who has
 8    waived or terminated coverage may enroll or re-enroll in  the
 9    program  of  group  health  benefits  only  during the annual
10    benefit choice period, as determined by the Director;  except
11    that   in  the  event  of  termination  of  coverage  due  to
12    nonpayment of premiums, the annuitant, survivor,  or  retired
13    employee may not re-enroll in the program.
14        (a-9)  No  later  than  May  1 of each calendar year, the
15    Director of Central  Management  Services  shall  certify  in
16    writing  to  the  Executive Secretary of the State Employees'
17    Retirement System of Illinois and the Executive  Director  of
18    the  Teachers' Retirement System of the State of Illinois the
19    amounts of the Medicare supplement health care  premiums  and
20    the  amounts  of  the  health  care  premiums  for  all other
21    retirees who are not Medicare eligible.
22        A separate calculation of the  premiums  based  upon  the
23    actual cost of each health care plan shall be so certified.
24        The Director of Central Management Services shall provide
25    to the Executive Secretary of the State Employees' Retirement
26    System   of  Illinois  and  the  Executive  Director  of  the
27    Teachers' Retirement System of the  State  of  Illinois  such
28    information, statistics, and other data as they he or she may
29    require  to  review  the  premium  amounts  certified  by the
30    Director of Central Management Services.
31        (b)  State employees who become eligible for this program
32    on or after January 1, 1980 in positions  normally  requiring
33    actual performance of duty not less than 1/2 of a normal work
34    period  but  not equal to that of a normal work period, shall
 
SB854 Engrossed             -10-               LRB9105994EGfg
 1    be  given  the  option  of  participating  in  the  available
 2    program.  If the employee elects coverage,  the  State  shall
 3    contribute  on  behalf  of  such  employee to the cost of the
 4    employee's benefit and any applicable  dependent  supplement,
 5    that  sum  which bears the same percentage as that percentage
 6    of time the employee regularly works when compared to  normal
 7    work period.
 8        (c)  The  basic  non-contributory coverage from the basic
 9    program of group health benefits shall be continued for  each
10    employee  not in pay status or on active service by reason of
11    (1) leave of absence due to illness or injury, (2) authorized
12    educational leave of absence  or  sabbatical  leave,  or  (3)
13    military  leave  with  pay  and benefits. This coverage shall
14    continue until expiration of authorized leave and  return  to
15    active  service, but not to exceed 24 months for leaves under
16    item (1) or (2). This 24-month limitation and the requirement
17    of returning to active service shall  not  apply  to  persons
18    receiving  ordinary  or  accidental  disability  benefits  or
19    retirement  benefits through the appropriate State retirement
20    system  or  benefits  under  the  Workers'  Compensation   or
21    Occupational Disease Act.
22        (d)  The   basic  group  life  insurance  coverage  shall
23    continue, with full State contribution, where such person  is
24    (1)  absent  from  active  service  by  reason  of disability
25    arising from any cause  other  than  self-inflicted,  (2)  on
26    authorized  educational leave of absence or sabbatical leave,
27    or (3) on military leave with pay and benefits.
28        (e)  Where the person is in non-pay status for  a  period
29    in  excess  of  30 days or on leave of absence, other than by
30    reason of disability, educational  or  sabbatical  leave,  or
31    military  leave  with  pay  and  benefits,  such  person  may
32    continue  coverage  only  by making personal payment equal to
33    the amount normally contributed by the State on such person's
34    behalf. Such payments and  coverage  may  be  continued:  (1)
 
SB854 Engrossed             -11-               LRB9105994EGfg
 1    until  such  time  as the person returns to a status eligible
 2    for coverage at State expense, but not to exceed  24  months,
 3    (2)  until  such person's employment or annuitant status with
 4    the State is terminated, or (3) for a  maximum  period  of  4
 5    years for members on military leave with pay and benefits and
 6    military  leave  without  pay  and benefits (exclusive of any
 7    additional service imposed pursuant to law).
 8        (f)  The Department shall  establish by rule  the  extent
 9    to which other employee benefits will continue for persons in
10    non-pay status or who are not in active service.
11        (g)  The  State  shall  not  pay  the  cost  of the basic
12    non-contributory group  life  insurance,  program  of  health
13    benefits  and  other  employee  benefits  for members who are
14    survivors as defined by paragraphs (1) and (2) of  subsection
15    (q)  of  Section  3  of  this Act.  The costs of benefits for
16    these survivors shall be paid by  the  survivors  or  by  the
17    University  of Illinois Cooperative Extension Service, or any
18    combination thereof.
19        (h)  Those   persons   occupying   positions   with   any
20    department as a result of emergency appointments pursuant  to
21    Section  8b.8  of  the  Personnel Code who are not considered
22    employees under  this  Act  shall  be  given  the  option  of
23    participating in the programs of group life insurance, health
24    benefits  and other employee benefits.  Such persons electing
25    coverage may participate only by making payment equal to  the
26    amount  normally  contributed  by  the  State  for  similarly
27    situated  employees.  Such amounts shall be determined by the
28    Director.  Such payments and coverage may be continued  until
29    such  time as the person becomes an employee pursuant to this
30    Act or such person's appointment is terminated.
31        (i)  Any unit of local government  within  the  State  of
32    Illinois  may  apply  to  the Director to have its employees,
33    annuitants,  and  their  dependents  provided  group   health
34    coverage   under   this  Act  on  a  non-insured  basis.   To
 
SB854 Engrossed             -12-               LRB9105994EGfg
 1    participate, a unit of local government must agree to  enroll
 2    all  of  its  employees, who may select coverage under either
 3    the State group health insurance plan or a health maintenance
 4    organization  that  has  contracted  with  the  State  to  be
 5    available as a health care provider for employees as  defined
 6    in  this  Act.   A  unit  of  local government must remit the
 7    entire cost of  providing  coverage  under  the  State  group
 8    health  insurance  plan  or,  for  coverage  under  a  health
 9    maintenance   organization,   an  amount  determined  by  the
10    Director based on an analysis of  the  sex,  age,  geographic
11    location,  or  other  relevant  demographic variables for its
12    employees, except that the unit of local government shall not
13    be required to enroll those of its employees who are  covered
14    spouses or dependents under this plan or another group policy
15    or   plan  providing  health  benefits  as  long  as  (1)  an
16    appropriate  official  from  the  unit  of  local  government
17    attests that each employee not enrolled is a  covered  spouse
18    or dependent under this plan or another group policy or plan,
19    and  (2)  at  least 85% of the employees are enrolled and the
20    unit of local government remits the entire cost of  providing
21    coverage  to  those  employees.  Employees of a participating
22    unit of local government who are not enrolled due to coverage
23    under another group health policy or plan  may  enroll  at  a
24    later  date subject to submission of satisfactory evidence of
25    insurability and provided that no benefits shall  be  payable
26    for  services  incurred during the first 6 months of coverage
27    to the extent  the  services  are   in  connection  with  any
28    pre-existing   condition.   A  participating  unit  of  local
29    government may also elect to cover its annuitants.  Dependent
30    coverage shall be offered on  an  optional  basis,  with  the
31    costs paid by the unit of local government, its employees, or
32    some  combination  of  the  two  as determined by the unit of
33    local government.  The unit  of  local  government  shall  be
34    responsible   for   timely  collection  and  transmission  of
 
SB854 Engrossed             -13-               LRB9105994EGfg
 1    dependent premiums.
 2        The Director shall annually determine  monthly  rates  of
 3    payment, subject to the following constraints:
 4             (1)  In  the first year of coverage, the rates shall
 5        be  equal  to  the  amount  normally  charged  to   State
 6        employees  for elected optional coverages or for enrolled
 7        dependents coverages or other contributory coverages,  or
 8        contributed by the State for basic insurance coverages on
 9        behalf of its employees, adjusted for differences between
10        State  employees and employees of the local government in
11        age,  sex,  geographic   location   or   other   relevant
12        demographic  variables,  plus an amount sufficient to pay
13        for the  additional  administrative  costs  of  providing
14        coverage to employees of the unit of local government and
15        their dependents.
16             (2)  In subsequent years, a further adjustment shall
17        be  made  to  reflect  the  actual  prior  years'  claims
18        experience   of  the  employees  of  the  unit  of  local
19        government.
20        In the case of coverage  of  local  government  employees
21    under  a  health maintenance organization, the Director shall
22    annually determine  for  each  participating  unit  of  local
23    government the maximum monthly amount the unit may contribute
24    toward  that  coverage,  based on an analysis of (i) the age,
25    sex, geographic  location,  and  other  relevant  demographic
26    variables  of the unit's employees and (ii) the cost to cover
27    those employees under the State group health insurance  plan.
28    The  Director  may  similarly  determine  the maximum monthly
29    amount each unit of local government  may  contribute  toward
30    coverage   of   its  employees'  dependents  under  a  health
31    maintenance organization.
32        Monthly payments by the unit of local government  or  its
33    employees  for  group  health insurance or health maintenance
34    organization  coverage  shall  be  deposited  in  the   Local
 
SB854 Engrossed             -14-               LRB9105994EGfg
 1    Government   Health   Insurance   Reserve  Fund.   The  Local
 2    Government  Health  Insurance  Reserve  Fund   shall   be   a
 3    continuing  fund not subject to fiscal year limitations.  All
 4    expenditures from this fund shall be used  for  payments  for
 5    health  care benefits for local government and rehabilitation
 6    facility  employees,  annuitants,  and  dependents,  and   to
 7    reimburse   the  Department  or  its  administrative  service
 8    organization for all expenses incurred in the  administration
 9    of  benefits.   No  other  State  funds may be used for these
10    purposes.
11        A local government employer's participation or desire  to
12    participate  in a program created under this subsection shall
13    not  limit  that  employer's  duty  to   bargain   with   the
14    representative  of  any  collective  bargaining  unit  of its
15    employees.
16        (j)  Any rehabilitation  facility  within  the  State  of
17    Illinois  may  apply  to  the Director to have its employees,
18    annuitants,  and  their  dependents  provided  group   health
19    coverage   under   this   Act  on  a  non-insured  basis.  To
20    participate, a rehabilitation facility must agree  to  enroll
21    all  of  its employees and remit the entire cost of providing
22    such  coverage   for   its   employees,   except   that   the
23    rehabilitation facility shall not be required to enroll those
24    of  its employees who are covered spouses or dependents under
25    this plan or another group policy or  plan  providing  health
26    benefits  as  long  as  (1)  an appropriate official from the
27    rehabilitation  facility  attests  that  each  employee   not
28    enrolled  is a covered spouse or dependent under this plan or
29    another group policy or plan, and (2) at  least  85%  of  the
30    employees are enrolled and the rehabilitation facility remits
31    the  entire  cost  of  providing coverage to those employees.
32    Employees of a participating rehabilitation facility who  are
33    not  enrolled  due  to  coverage  under  another group health
34    policy or  plan  may  enroll  at  a  later  date  subject  to
 
SB854 Engrossed             -15-               LRB9105994EGfg
 1    submission  of  satisfactory  evidence  of  insurability  and
 2    provided  that  no  benefits  shall  be  payable for services
 3    incurred during the first 6 months of coverage to the  extent
 4    the   services   are  in  connection  with  any  pre-existing
 5    condition. A participating rehabilitation facility  may  also
 6    elect  to  cover  its annuitants. Dependent coverage shall be
 7    offered on an optional basis, with  the  costs  paid  by  the
 8    rehabilitation  facility,  its employees, or some combination
 9    of the 2 as determined by the  rehabilitation  facility.  The
10    rehabilitation  facility  shall  be  responsible  for  timely
11    collection and transmission of dependent premiums.
12        The  Director shall annually determine quarterly rates of
13    payment, subject to the following constraints:
14             (1)  In the first year of coverage, the rates  shall
15        be   equal  to  the  amount  normally  charged  to  State
16        employees for elected optional coverages or for  enrolled
17        dependents  coverages  or other contributory coverages on
18        behalf of its employees, adjusted for differences between
19        State  employees  and  employees  of  the  rehabilitation
20        facility  in  age,  sex,  geographic  location  or  other
21        relevant demographic variables, plus an amount sufficient
22        to  pay  for  the  additional  administrative  costs   of
23        providing  coverage  to  employees  of the rehabilitation
24        facility and their dependents.
25             (2)  In subsequent years, a further adjustment shall
26        be  made  to  reflect  the  actual  prior  years'  claims
27        experience  of  the  employees  of   the   rehabilitation
28        facility.
29        Monthly  payments  by  the rehabilitation facility or its
30    employees for group health insurance shall  be  deposited  in
31    the Local Government Health Insurance Reserve Fund.
32        (k)  Any  domestic violence shelter or service within the
33    State of Illinois may apply  to  the  Director  to  have  its
34    employees,  annuitants,  and  their dependents provided group
 
SB854 Engrossed             -16-               LRB9105994EGfg
 1    health coverage under this Act on a  non-insured  basis.   To
 2    participate,  a  domestic  violence  shelter  or service must
 3    agree to enroll all of its employees and pay the entire  cost
 4    of   providing   such   coverage   for   its   employees.   A
 5    participating domestic violence shelter  may  also  elect  to
 6    cover its annuitants.  Dependent coverage shall be offered on
 7    an optional basis, with employees, or some combination of the
 8    2  as determined by the domestic violence shelter or service.
 9    The domestic violence shelter or service shall be responsible
10    for timely collection and transmission of dependent premiums.
11        The Director shall annually determine quarterly rates  of
12    payment, subject to the following constraints:
13             (1)  In  the first year of coverage, the rates shall
14        be  equal  to  the  amount  normally  charged  to   State
15        employees  for elected optional coverages or for enrolled
16        dependents coverages or other contributory  coverages  on
17        behalf of its employees, adjusted for differences between
18        State  employees  and  employees of the domestic violence
19        shelter or service in age, sex,  geographic  location  or
20        other  relevant  demographic  variables,  plus  an amount
21        sufficient to pay for the additional administrative costs
22        of  providing  coverage  to  employees  of  the  domestic
23        violence shelter or service and their dependents.
24             (2)  In subsequent years, a further adjustment shall
25        be  made  to  reflect  the  actual  prior  years'  claims
26        experience of the  employees  of  the  domestic  violence
27        shelter or service.
28             (3)  In  no  case  shall  the  rate be less than the
29        amount normally charged to State employees or contributed
30        by the State on behalf of its employees.
31        Monthly payments by  the  domestic  violence  shelter  or
32    service  or its employees for group health insurance shall be
33    deposited in the Local Government  Health  Insurance  Reserve
34    Fund.
 
SB854 Engrossed             -17-               LRB9105994EGfg
 1        (l)  A  public  community  college  or  entity  organized
 2    pursuant to the Public Community College Act may apply to the
 3    Director  initially to have only annuitants not covered prior
 4    to July 1, 1992 by the district's health plan provided health
 5    coverage  under  this  Act  on  a  non-insured  basis.    The
 6    community   college   must   execute  a  2-year  contract  to
 7    participate in  the  Local  Government  Health  Plan.   Those
 8    annuitants  enrolled initially under this contract shall have
 9    no benefits payable for services incurred during the first  6
10    months  of  coverage  to  the  extent  the  services  are  in
11    connection  with  any  pre-existing condition.  Any annuitant
12    who may enroll after this initial enrollment period shall  be
13    subject   to   submission   of   satisfactory   evidence   of
14    insurability and to the pre-existing conditions limitation.
15        The  Director  shall  annually determine monthly rates of
16    payment subject to  the  following  constraints:   for  those
17    community  colleges with annuitants only enrolled, first year
18    rates shall be equal to the average cost to cover claims  for
19    a   State   member   adjusted   for   demographics,  Medicare
20    participation, and other factors; and in the second  year,  a
21    further  adjustment  of  rates  shall  be made to reflect the
22    actual  first  year's  claims  experience  of   the   covered
23    annuitants.
24        (m)  The  Director shall adopt any rules deemed necessary
25    for implementation of this amendatory Act of 1989 (Public Act
26    86-978).
27    (Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
28    89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
29    7-7-97; 90-582, eff. 5-27-98; 90-655, eff.  7-30-98;  revised
30    8-3-98.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.

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