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Public Act 100-0895


 

Public Act 0895 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0895
 
SB3604 EnrolledLRB100 21084 RJF 36924 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Government Severance Pay Act.
 
    Section 5. Definitions. As used in this Act:
    "Misconduct" includes, but is not limited to, the
following:
        (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.
        (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.
        (3) Chronic absenteeism or tardiness in deliberate
    violation of a known policy of the employer or one or more
    unapproved absences following a written reprimand or
    warning relating to more than one unapproved absence.
        (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.
        (5) A violation of an employer's rule, unless the
    claimant can demonstrate that:
            (A) he or she did not know, and could not
        reasonably know, of the rule's requirements;
            (B) the rule is not lawful or not reasonably
        related to the job environment and performance; or
            (C) the rule is not fairly or consistently
        enforced.
        (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.
    "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.
    "Unit of government" means and includes all boards,
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.
 
    Section 10. Severance pay.
    (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:
        (1) a requirement that severance pay provided may not
    exceed an amount greater than 20 weeks of compensation; and
        (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.
    (b) Nothing in this Section creates an entitlement to
severance pay in the absence of its contractual authorization
or as otherwise authorized by law.

Effective Date: 1/1/2019