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91_SB1253
LRB9107457LDmb
1 AN ACT to amend the State Finance Act by changing Section
2 14a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 14a as follows:
7 (30 ILCS 105/14a) (from Ch. 127, par. 150a)
8 Sec. 14a. Payments for unused benefits; use of sick
9 leave.
10 (a) Upon the death of a State employee, his or her
11 estate is entitled to receive from the appropriation for
12 personal services available for payment of his or her
13 compensation such sum for accrued vacation period, accrued
14 overtime, and accrued qualifying sick leave as would have
15 been paid or allowed to such employee had he or she survived
16 and terminated his or her employment.
17 The State Comptroller shall draw a warrant or warrants
18 against the appropriation, upon receipt of a proper death
19 certificate, payable to decedent's estate, or if no estate is
20 opened, to the person or persons entitled thereto under
21 Section 25-1 of the Probate Act of 1975 upon receipt of the
22 affidavit referred to in that Section, for the sum due.
23 (b) The Department of Central Management Services shall
24 prescribe by rule the method of computing the accrued
25 vacation period and accrued overtime for all employees,
26 including those not otherwise subject to its jurisdiction,
27 and for the purposes of this Act the Department of Central
28 Management Services may require such reports as it deems
29 necessary. Accrued sick leave shall be computed as provided
30 in subsection (f).
31 (c) Upon the retirement or resignation of a State
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1 employee from State service, his or her accrued vacation,
2 overtime and qualifying sick leave shall be payable to the
3 employee in a single lump sum payment. However, if the
4 employee returns to employment in any capacity with the same
5 agency or department within 30 days of the termination of his
6 or her previous State employment, the employee must, as a
7 condition of his or her new State employment, repay the lump
8 sum amount within 30 days after his or her new State
9 employment commences. The amount repaid shall be deposited
10 into the fund from which the payment was made or the General
11 Revenue Fund, and the accrued vacation, overtime and sick
12 leave upon which the lump sum payment was based shall be
13 credited to the account of the employee in accordance with
14 the rules of the jurisdiction under which he or she is
15 employed.
16 (d) Upon the movement of a State employee from a
17 position subject to the Personnel Code to another State
18 position not subject to the Personnel Code, or to a position
19 subject to the Personnel Code from a State position not
20 subject to the Personnel Code, or upon the movement of a
21 State employee of an institution or agency subject to the
22 State Universities Civil Service System from one such
23 institution or agency to another such institution or agency,
24 his or her accrued vacation, overtime and sick leave shall be
25 credited to the employee's account in accordance with the
26 rules of the jurisdiction to which the State employee moved.
27 However, if the rules preclude crediting the State employee's
28 total accrued vacation, overtime or sick leave to his or her
29 account at the jurisdiction to which he or she is to move,
30 the nontransferable accrued vacation, overtime, and
31 qualifying sick leave shall be payable to the employee in a
32 single lump sum payment by the jurisdiction from which he or
33 she moved.
34 (e) Upon the death of a State employee or the
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1 retirement, indeterminate layoff or resignation of a State
2 employee from State service, the employee's retirement or
3 disability benefits shall be computed as if the employee had
4 remained in the State employment at his or her most recent
5 rate of compensation until his or her accumulated unused
6 leave for vacation, overtime, sickness and personal business
7 would have been exhausted. The employing agency shall
8 certify, in writing to the employee, the unused leaves the
9 employee has accrued. This certification may be held by the
10 employee or forwarded to the retirement fund. Employing
11 agencies not covered by the Personnel Code shall certify, in
12 writing to the employee, the unused leaves the employee has
13 accrued.
14 (f) Accrued sick leave shall be computed by multiplying
15 1/2 of the number of days of accumulated sick leave by the
16 daily rate of compensation applicable to the employee at the
17 time of his or her death, retirement, resignation, or other
18 termination of service described in this Section.
19 The payment for qualifying accrued sick leave after the
20 employee's death, retirement, resignation, or other
21 termination of service provided by Public Act 83-976 shall be
22 for sick leave days earned on or after January 1, 1984 and,
23 except for members of the Illinois State Police, before
24 January 1, 1998. Sick leave accumulated on or after January
25 1, 1998 by an employee other than a member of the Illinois
26 State Police is not compensable under this Section at the
27 time of the employee's death, retirement, resignation, or
28 other termination of service, but may be used to establish
29 retirement system service credit as provided in the Illinois
30 Pension Code.
31 The Department of Central Management Services shall
32 prescribe by rule the method of computing the accrued sick
33 leave days for all employees, including those not otherwise
34 subject to its jurisdiction. Beginning January 1, 1998, sick
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1 leave used by an employee shall be charged against his or her
2 accumulated sick leave in the following order: first, sick
3 leave accumulated before January 1, 1984; then sick leave
4 accumulated on or after January 1, 1998; and finally sick
5 leave accumulated on or after January 1, 1984 but before
6 January 1, 1998.
7 (Source: P.A. 90-65, eff. 7-7-97.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.