Public Act 90-0655 of the 90th General Assembly
Public Act 90-0655
HB1268 Enrolled LRB9000999EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 1998 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers
certain Sections that have been added or amended by more than
one Public Act. In certain cases in which a repealed Act or
Section has been replaced with a successor law, this Act
incorporates amendments to the repealed Act or Section into
the successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each
amended Section indicates the sources in the Session Laws of
Illinois that were used in the preparation of the text of
that Section. The text of the Section included in this Act
is intended to include the different versions of the Section
found in the Public Acts included in the list of sources, but
may not include other versions of the Section to be found in
Public Acts not included in the list of sources. The list of
sources is not a part of the text of the Section.
(d) Public Acts 89-708 through 90-566 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking
or underscoring because no additional changes are being made
in the material that is being combined.
(5 ILCS 80/4.9 rep.)
Section 5. Section 4.9 of the Regulatory Agency Sunset
Act is repealed.
Section 6. The Regulatory Agency Sunset Act is amended
by changing Section 4.18 as follows:
(5 ILCS 80/4.18)
Sec. 4.18. Acts Act repealed January 1, 2008. The
following Acts are Act is repealed on January 1, 2008:
The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Nursing Act of 1987.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Pharmacy Practice Act of 1987.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
12-30-97.)
Section 7. The Illinois Administrative Procedure Act is
amended by changing Section 1-5 as follows:
(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
Sec. 1-5. Applicability.
(a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between
the provisions of this Act and the Act creating or conferring
power on an agency, this Act shall control. If, however, an
agency (or its predecessor in the case of an agency that has
been consolidated or reorganized) has existing procedures on
July 1, 1977, specifically for contested cases or licensing,
those existing provisions control, except that this exception
respecting contested cases and licensing does not apply if
the Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading
proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual
position descriptions prepared and maintained under the
Personnel Code. Those class specifications shall, however,
be made reasonably available to the public for inspection and
copying. The provisions of this Act do not apply to hearings
under Section 20 of the Uniform Disposition of Unclaimed
Property Act.
(c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
(1) Rules adopted by the Pollution Control Board
that, in accordance with Section 7.2 of the Environmental
Protection Act, are identical in substance to federal
regulations or amendments to those regulations
implementing the following: Sections 3001, 3002, 3003,
3004, 3005, and 9003 of the Solid Waste Disposal Act;
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; Sections 307(b),
307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
Water Pollution Control Act; and Sections 1412(b),
1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
Water Act.
(2) Rules adopted by the Pollution Control Board
that establish or amend standards for the emission of
hydrocarbons and carbon monoxide from gasoline powered
motor vehicles subject to inspection under Section
13A-105 of the Vehicle Emissions Inspection Law and rules
adopted under Section 13B-20 of the Vehicle Emissions
Inspection Law of 1995.
(3) Procedural rules adopted by the Pollution
Control Board governing requests for exceptions under
Section 14.2 of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant
to an adjudicatory determination, of an adjusted standard
for persons who can justify an adjustment consistent with
subsection (a) of Section 27 of the Environmental
Protection Act.
(5) Rules adopted by the Pollution Control Board
that are identical in substance to the regulations
adopted by the Office of the State Fire Marshal under
clause (ii) of paragraph (b) of subsection (3) of Section
2 of the Gasoline Storage Act.
(d) Pay rates established under Section 8a of the
Personnel Code shall be amended or repealed pursuant to the
process set forth in Section 5-50 within 30 days after it
becomes necessary to do so due to a conflict between the
rates and the terms of a collective bargaining agreement
covering the compensation of an employee subject to that
Code.
(e) Section 10-45 of this Act shall not apply to any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
revised 10-24-97.)
Section 8. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) (ff) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; revised 12-24-97.)
Section 9. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 14 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" or "Governing Board" means either the
Illinois State Labor Relations Board or the Illinois Local
Labor Relations Board.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Labor Relations Board, the Director of the
Department of Central Management Services, and the Director
of the Department of Labor; the county board in the case of a
county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit
of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Board or the
Local Board from determining that employers are joint or
co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than that 2 consecutive calendar quarters
during a calendar year and who does not have a reasonable
assurance that he or she will be rehired by the same employer
for the same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may suitably
be represented by a labor organization for collective
bargaining. Except with respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both employees and
supervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for
bargaining units in existence on July 1, 1984 (the effective
date of this Act). With respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both supervisors
and nonsupervisors, or supervisors only, except as provided
in paragraph (2) of this subsection (s) and except for
bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor
organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including a historical bargaining unit, containing
sworn peace officers of the Department of Natural Resources
(formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers
upon the effective date of this amendatory Act of 1990 or
upon the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may
bargain with those units. This Act shall apply if the public
employer chooses to bargain under this subsection.
(Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14. Security Employee, Peace Officer and Fire
Fighter Disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence
upon 15 days notice from either party or at such later time
as the mediation services chosen pursuant to subsection (b)
of Section 12 can be provided to the parties. In mediation
under this Section, if either party requests the use of
mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation
services from another source. The mediator shall have a duty
to keep the Board informed on the progress of the mediation.
If any dispute has not been resolved within 15 days after the
first meeting of the parties and the mediator, or within such
other time limit as may be mutually agreed upon by the
parties, either the exclusive representative or employer may
request of the other, in writing, arbitration, and shall
submit a copy of the request to the Board.
(b) Within 10 days after such a request for arbitration
has been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate
to a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and
the Board of their selections.
(c) Within 7 days of the request of either party, the
Board shall select from the Public Employees Labor Mediation
Roster 7 persons who are on the labor arbitration panels of
either the American Arbitration Association or the Federal
Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as nominees for impartial
arbitrator of the arbitration panel. The parties may select
an individual on the list provided by the Board or any other
individual mutually agreed upon by the parties. Within 7
days following the receipt of the list, the parties shall
notify the Board of the person they have selected. Unless
the parties agree on an alternate selection procedure, they
shall alternatively strike one name from the list provided by
the Board until only one name remains. A coin toss shall
determine which party shall strike the first name. If the
parties fail to notify the Board in a timely manner of their
selection for neutral chairman, the Board shall appoint a
neutral chairman from the Illinois Public Employees
Mediation/Arbitration Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the
Board or at such other location as the Board deems
appropriate. The chairman shall preside over the hearing and
shall take testimony. Any oral or documentary evidence and
other data deemed relevant by the arbitration panel may be
received in evidence. The proceedings shall be informal.
Technical rules of evidence shall not apply and the
competency of the evidence shall not thereby be deemed
impaired. A verbatim record of the proceedings shall be made
and the arbitrator shall arrange for the necessary recording
service. Transcripts may be ordered at the expense of the
party ordering them, but the transcripts shall not be
necessary for a decision by the arbitration panel. The
expense of the proceedings, including a fee for the chairman,
established in advance by the Board, shall be borne equally
by each of the parties to the dispute. The delegates, if
public officers or employees, shall continue on the payroll
of the public employer without loss of pay. The hearing
conducted by the arbitration panel may be adjourned from time
to time, but unless otherwise agreed by the parties, shall be
concluded within 30 days of the time of its commencement.
Majority actions and rulings shall constitute the actions and
rulings of the arbitration panel. Arbitration proceedings
under this Section shall not be interrupted or terminated by
reason of any unfair labor practice charge filed by either
party at any time.
(e) The arbitration panel may administer oaths, require
the attendance of witnesses, and the production of such
books, papers, contracts, agreements and documents as may be
deemed by it material to a just determination of the issues
in dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or
to testify, or if any witness, party or attorney is guilty of
any contempt while in attendance at any hearing, the
arbitration panel may, or the attorney general if requested
shall, invoke the aid of any circuit court within the
jurisdiction in which the hearing is being held, which court
shall issue an appropriate order. Any failure to obey the
order may be punished by the court as contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion
that it would be useful or beneficial to do so, may remand
the dispute to the parties for further collective bargaining
for a period not to exceed 2 weeks. If the dispute is
remanded for further collective bargaining the time
provisions of this Act shall be extended for a time period
equal to that of the remand. The chairman of the panel of
arbitration shall notify the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of
the parties to submit, within such time limit as the panel
shall prescribe, to the arbitration panel and to each other
its last offer of settlement on each economic issue. The
determination of the arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive. The arbitration panel, within 30 days after the
conclusion of the hearing, or such further additional periods
to which the parties may agree, shall make written findings
of fact and promulgate a written opinion and shall mail or
otherwise deliver a true copy thereof to the parties and
their representatives and to the Board. As to each economic
issue, the arbitration panel shall adopt the last offer of
settlement which, in the opinion of the arbitration panel,
more nearly complies with the applicable factors prescribed
in subsection (h). The findings, opinions and order as to
all other issues shall be based upon the applicable factors
prescribed in subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base
its findings, opinions and order upon the following factors,
as applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions
of employment of the employees involved in the
arbitration proceeding with the wages, hours and
conditions of employment of other employees performing
similar services and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and
services, commonly known as the cost of living.
(6) The overall compensation presently received by
the employees, including direct wage compensation,
vacations, holidays and other excused time, insurance and
pensions, medical and hospitalization benefits, the
continuity and stability of employment and all other
benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the
foregoing, which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or
in private employment.
(i) In the case of peace officers, the arbitration
decision shall be limited to wages, hours, and conditions of
employment (which may include residency requirements in
municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following: i) residency
requirements in municipalities with a population of at least
1,000,000; ii) the type of equipment, other than uniforms,
issued or used; iii) manning; iv) the total number of
employees employed by the department; v) mutual aid and
assistance agreements to other units of government; and vi)
the criterion pursuant to which force, including deadly
force, can be used; provided, nothing herein shall preclude
an arbitration decision regarding equipment or manning levels
if such decision is based on a finding that the equipment or
manning considerations in a specific work assignment involve
a serious risk to the safety of a peace officer beyond that
which is inherent in the normal performance of police duties.
Limitation of the terms of the arbitration decision pursuant
to this subsection shall not be construed to limit the
factors upon which the decision may be based, as set forth in
subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment (which
may include residency requirements in municipalities with a
population under 1,000,000, but those residency requirements
shall not allow residency outside of Illinois) and shall not
include the following matters: i) residency requirements in
municipalities with a population of at least 1,000,000; ii)
the type of equipment (other than uniforms and fire fighter
turnout gear) issued or used; iii) the total number of
employees employed by the department; iv) mutual aid and
assistance agreements to other units of government; and v)
the criterion pursuant to which force, including deadly
force, can be used; provided, however, nothing herein shall
preclude an arbitration decision regarding equipment levels
if such decision is based on a finding that the equipment
considerations in a specific work assignment involve a
serious risk to the safety of a fire fighter beyond that
which is inherent in the normal performance of fire fighter
duties. Limitation of the terms of the arbitration decision
pursuant to this subsection shall not be construed to limit
the facts upon which the decision may be based, as set forth
in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 this amendatory Act of 1997 (relating to residency
requirements) do not apply to persons who are employed by a
combined department that performs both police and
firefighting services; these persons shall be governed by the
provisions of this subsection (i) relating to peace officers,
as they existed before the amendment by Public Act 90-385
this amendatory Act of 1997. For purposes of this subsection
(i), persons who are employed by a combined department that
performs both police and fire fighting services shall be
governed by the provisions relating to peace officers rather
than the provisions relating to fire fighters.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the
effective date of this Act; provided, however, nothing herein
shall preclude arbitration with respect to any such
provision.
(j) Arbitration procedures shall be deemed to be
initiated by the filing of a letter requesting mediation as
required under subsection (a) of this Section. The
commencement of a new municipal fiscal year after the
initiation of arbitration procedures under this Act, but
before the arbitration decision, or its enforcement, shall
not be deemed to render a dispute moot, or to otherwise
impair the jurisdiction or authority of the arbitration panel
or its decision. Increases in rates of compensation awarded
by the arbitration panel may be effective only at the start
of the fiscal year next commencing after the date of the
arbitration award. If a new fiscal year has commenced either
since the initiation of arbitration procedures under this Act
or since any mutually agreed extension of the statutorily
required period of mediation under this Act by the parties to
the labor dispute causing a delay in the initiation of
arbitration, the foregoing limitations shall be inapplicable,
and such awarded increases may be retroactive to the
commencement of the fiscal year, any other statute or charter
provisions to the contrary, notwithstanding. At any time the
parties, by stipulation, may amend or modify an award of
arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or
the exclusive bargaining representative, by the circuit court
for the county in which the dispute arose or in which a
majority of the affected employees reside, but only for
reasons that the arbitration panel was without or exceeded
its statutory authority; the order is arbitrary, or
capricious; or the order was procured by fraud, collusion or
other similar and unlawful means. Such petitions for review
must be filed with the appropriate circuit court within 90
days following the issuance of the arbitration order. The
pendency of such proceeding for review shall not
automatically stay the order of the arbitration panel. The
party against whom the final decision of any such court shall
be adverse, if such court finds such appeal or petition to be
frivolous, shall pay reasonable attorneys' fees and costs to
the successful party as determined by said court in its
discretion. If said court's decision affirms the award of
money, such award, if retroactive, shall bear interest at the
rate of 12 percent per annum from the effective retroactive
date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other
conditions of employment shall not be changed by action of
either party without the consent of the other but a party may
so consent without prejudice to his rights or position under
this Act. The proceedings are deemed to be pending before
the arbitration panel upon the initiation of arbitration
procedures under this Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire
protection district paramedics, covered by this Section may
not withhold services, nor may public employers lock out or
prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration
panel shall be included in an agreement to be submitted to
the public employer's governing body for ratification and
adoption by law, ordinance or the equivalent appropriate
means.
The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one
or more terms of the arbitration panel's decision by a 3/5
vote of those duly elected and qualified members of the
governing body, within 20 days of issuance, or in the case of
firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after
issuance, such term or terms shall become a part of the
collective bargaining agreement of the parties. If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for
such rejection with respect to each term so rejected, within
20 days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance of a
supplemental decision with respect to the rejected terms.
Any supplemental decision by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in
accordance with the procedures and voting requirements set
forth in this Section. The voting requirements of this
subsection shall apply to all disputes submitted to
arbitration pursuant to this Section notwithstanding any
contrary voting requirements contained in any existing
collective bargaining agreement between the parties.
(o) If the governing body of the employer votes to
reject the panel's decision, the parties shall return to the
panel within 30 days from the issuance of the reasons for
rejection for further proceedings and issuance of a
supplemental decision. All reasonable costs of such
supplemental proceeding including the exclusive
representative's reasonable attorney's fees, as established
by the Board, shall be paid by the employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
90-385, eff. 8-15-97; revised 10-27-97.)
Section 10. The State Employee Indemnification Act is
amended by changing Section 2 as follows:
(5 ILCS 350/2) (from Ch. 127, par. 1302)
Sec. 2. Representation and indemnification of State
employees.
(a) In the event that any civil proceeding is commenced
against any State employee arising out of any act or omission
occurring within the scope of the employee's State
employment, the Attorney General shall, upon timely and
appropriate notice to him by such employee, appear on behalf
of such employee and defend the action. In the event that
any civil proceeding is commenced against any physician who
is an employee of the Department of Corrections or the
Department of Human Services (in a position relating to the
Department's mental health and developmental disabilities
functions) alleging death or bodily injury or other injury to
the person of the complainant resulting from and arising out
of any act or omission occurring on or after December 3, 1977
within the scope of the employee's State employment, or
against any physician who is an employee of the Department of
Veterans' Affairs alleging death or bodily injury or other
injury to the person of the complainant resulting from and
arising out of any act or omission occurring on or after the
effective date of this amendatory Act of 1988 within the
scope of the employee's State employment, or in the event
that any civil proceeding is commenced against any attorney
who is an employee of the State Appellate Defender alleging
legal malpractice or for other damages resulting from and
arising out of any legal act or omission occurring on or
after December 3, 1977, within the scope of the employee's
State employment, or in the event that any civil proceeding
is commenced against any individual or organization who
contracts with the Department of Labor to provide services as
a carnival and amusement ride safety inspector alleging
malpractice, death or bodily injury or other injury to the
person arising out of any act or omission occurring on or
after May 1, 1985, within the scope of that employee's State
employment, the Attorney General shall, upon timely and
appropriate notice to him by such employee, appear on behalf
of such employee and defend the action. Any such notice
shall be in writing, shall be mailed within 15 days after the
date of receipt by the employee of service of process, and
shall authorize the Attorney General to represent and defend
the employee in the proceeding. The giving of this notice to
the Attorney General shall constitute an agreement by the
State employee to cooperate with the Attorney General in his
defense of the action and a consent that the Attorney General
shall conduct the defense as he deems advisable and in the
best interests of the employee, including settlement in the
Attorney General's discretion. In any such proceeding, the
State shall pay the court costs and litigation expenses of
defending such action, to the extent approved by the Attorney
General as reasonable, as they are incurred.
(b) In the event that the Attorney General determines
that so appearing and defending an employee either (1)
involves an actual or potential conflict of interest, or (2)
that the act or omission which gave rise to the claim was not
within the scope of the employee's State employment or was
intentional, wilful or wanton misconduct, the Attorney
General shall decline in writing to appear or defend or shall
promptly take appropriate action to withdraw as attorney for
such employee. Upon receipt of such declination or upon such
withdrawal by the Attorney General on the basis of an actual
or potential conflict of interest, the State employee may
employ his own attorney to appear and defend, in which event
the State shall pay the employee's court costs, litigation
expenses and attorneys' fees to the extent approved by the
Attorney General as reasonable, as they are incurred. In the
event that the Attorney General declines to appear or
withdraws on the grounds that the act or omission was not
within the scope of employment, or was intentional, wilful or
wanton misconduct, and a court or jury finds that the act or
omission of the State employee was within the scope of
employment and was not intentional, wilful or wanton
misconduct, the State shall indemnify the State employee for
any damages awarded and court costs and attorneys' fees
assessed as part of any final and unreversed judgment. In
such event the State shall also pay the employee's court
costs, litigation expenses and attorneys' fees to the extent
approved by the Attorney General as reasonable.
In the event that the defendant in the proceeding is an
elected State official, including members of the General
Assembly, the elected State official may retain his or her
attorney, provided that said attorney shall be reasonably
acceptable to the Attorney General. In such case the State
shall pay the elected State official's court costs,
litigation expenses, and attorneys' fees, to the extent
approved by the Attorney General as reasonable, as they are
incurred.
(b-5) The Attorney General may file a counterclaim on
behalf of a State employee, provided:
(1) the Attorney General determines that the State
employee is entitled to representation in a civil action
under this Section;
(2) the counterclaim arises out of any act or
omission occurring within the scope of the employee's
State employment that is the subject of the civil action;
and
(3) the employee agrees in writing that if judgment
is entered in favor of the employee, the amount of the
judgment shall be applied to offset any judgment that may
be entered in favor of the plaintiff, and then to
reimburse the State treasury for court costs and
litigation expenses required to pursue the counterclaim.
The balance of the collected judgment shall be paid to
the State employee.
(c) Notwithstanding any other provision of this Section,
representation and indemnification of a judge under this Act
shall also be provided in any case where the plaintiff seeks
damages or any equitable relief as a result of any decision,
ruling or order of a judge made in the course of his or her
judicial or administrative duties, without regard to the
theory of recovery employed by the plaintiff.
Indemnification shall be for all damages awarded and all
court costs, attorney fees and litigation expenses assessed
against the judge. When a judge has been convicted of a crime
as a result of his or her intentional judicial misconduct in
a trial, that judge shall not be entitled to indemnification
and representation under this subsection in any case
maintained by a party who seeks damages or other equitable
relief as a direct result of the judge's intentional judicial
misconduct.
(d) In any such proceeding where notice in accordance
with this Section has been given to the Attorney General,
unless the court or jury finds that the conduct or inaction
which gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the State shall
indemnify the State employee for any damages awarded and
court costs and attorneys' fees assessed as part of any final
and unreversed judgment, or shall pay such judgment. Unless
the Attorney General determines that the conduct or inaction
which gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the case may be
settled, in the Attorney General's discretion and with the
employee's consent, and the State shall indemnify the
employee for any damages, court costs and attorneys' fees
agreed to as part of the settlement, or shall pay such
settlement. Where the employee is represented by private
counsel, any settlement must be so approved by the Attorney
General and the court having jurisdiction, which shall
obligate the State to indemnify the employee.
(e) (i) Court costs and litigation expenses and other
costs of providing a defense or counterclaim, including
attorneys' fees obligated under this Section, shall be paid
from the State Treasury on the warrant of the Comptroller out
of appropriations made to the Department of Central
Management Services specifically designed for the payment of
costs, fees and expenses covered by this Section.
(ii) Upon entry of a final judgment against the
employee, or upon the settlement of the claim, the employee
shall cause to be served a copy of such judgment or
settlement, personally or by certified or registered mail
within thirty days of the date of entry or settlement, upon
the chief administrative officer of the department, office or
agency in which he is employed. If not inconsistent with the
provisions of this Section, such judgment or settlement shall
be certified for payment by such chief administrative officer
and by the Attorney General. The judgment or settlement
shall be paid from the State Treasury on the warrant of the
Comptroller out of appropriations made to the Department of
Central Management Services specifically designed for the
payment of claims covered by this Section.
(f) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the State, or
any employee thereof, of any defense heretofore available.
(g) This Section shall apply regardless of whether the
employee is sued in his or her individual or official
capacity.
(h) This Section shall not apply to claims for bodily
injury or damage to property arising from motor vehicle
accidents.
(i) This Section shall apply to all proceedings filed on
or after its effective date, and to any proceeding pending on
its effective date, if the State employee gives notice to the
Attorney General as provided in this Section within 30 days
of the Act's effective date.
(j) The amendatory changes made to this Section by this
amendatory Act of 1986 shall apply to all proceedings filed
on or after the effective date of this amendatory Act of 1986
and to any proceeding pending on its effective date, if the
State employee gives notice to the Attorney General as
provided in this Section within 30 days of the effective date
of this amendatory Act of 1986.
(Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
revised 3-28-97.)
Section 11. The State Salary and Annuity Withholding Act
is amended by changing Section 4 as follows:
(5 ILCS 365/4) (from Ch. 127, par. 354)
Sec. 4. Authorization of withholding. An employee or
annuitant may authorize the withholding of a portion of his
salary, wages, or annuity for any one or more of the
following purposes:
(1) for purchase of United States Savings Bonds;
(2) for payment of premiums on life or accident and
health insurance as defined in Section 4 of the "Illinois
Insurance Code", approved June 29, 1937, as amended, and for
payment of premiums on policies of automobile insurance as
defined in Section 143.13 of the "Illinois Insurance Code",
as amended, and the personal multiperil coverages commonly
known as homeowner's insurance. However, no portion of
salaries, wages or annuities may be withheld to pay premiums
on automobile, homeowner's, life or accident and health
insurance policies issued by any one insurance company or
insurance service company unless a minimum of 100 employees
or annuitants insured by that company authorize the
withholding by an Office within 6 months after such
withholding begins. If such minimum is not satisfied the
Office may discontinue withholding for such company. For any
insurance company or insurance service company which has not
previously had withholding, the Office may allow withholding
for premiums, where less than 100 policies have been written,
to cover a probationary period. An insurance company which
has discontinued withholding may reinstate it upon
presentation of facts indicating new management or
re-organization satisfactory to the Office;
(3) for payment to any labor organization designated by
the employee;
(4) for payment of dues to any association the
membership of which consists of State employees and former
State employees;
(5) for deposit in any credit union, in which State
employees are within the field of membership as a result of
their employment;
(6) for payment to or for the benefit of an institution
of higher education by an employee of that institution;
(7) for payment of parking fees at the underground
facility located south of the William G. Stratton State
Office Building in Springfield, the parking ramp located at
401 South College Street, west of the William G. Stratton
State Office Building in Springfield, or at the parking
facilities located on the Urbana-Champaign campus of the
University of Illinois;
(8) for voluntary payment to the State of Illinois of
amounts then due and payable to the State;
(9) for investment purchases made as a participant in
College Savings Programs established pursuant to Section
30-15.8a of the School Code;
(10) for voluntary payment to the Illinois Department of
Revenue of amounts due or to become due under the Illinois
Income Tax Act;
(11) for payment of optional contributions to a
retirement system subject to the provisions of the Illinois
Pension Code;.
(12) (10) for contributions to organizations found
qualified by the State Comptroller under the requirements set
forth in the Voluntary Payroll Deductions Act of 1983.
(Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
revised 11-17-97.)
Section 12. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 10 and setting
forth and renumbering multiple versions of Section 6.9 as
follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired under the optional retirement
program established under Section 15-158.2), paragraphs (b)
or (c) of Section 16-106, or Article 18 of the Illinois
Pension Code; (2) any person who was receiving group
insurance coverage under this Act as of March 31, 1978 by
reason of his status as an annuitant, even though the annuity
in relation to which such coverage was provided is a
proportional annuity based on less than the minimum period of
service required for a retirement annuity in the system
involved; (3) any person not otherwise covered by this Act
who has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the Illinois Pension
Code and who is covered under a group health insurance
program sponsored by a governmental employer other than the
State of Illinois and who has irrevocably elected to waive
his or her coverage under this Act and to have his or her
spouse considered as the "annuitant" under this Act and not
as a "dependent"; or (5) an employee who retires, or has
retired, from a qualified position, as determined according
to rules promulgated by the Director, under a qualified local
government or a qualified rehabilitation facility or a
qualified domestic violence shelter or service. (For
definition of "retired employee", see (p) post).
(b-5) "New SERS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 14 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(b-6) "New SURS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 15 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (b) or (c) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, or benefits payable under the
Workers' Compensation or Occupational Diseases Act or
benefits payable under a sick pay plan established in
accordance with Section 36 of the State Finance Act.
"Compensation" also means salary or wages paid to an employee
of any qualified local government or qualified rehabilitation
facility or a qualified domestic violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board, the Board of Examiners established under the Illinois
Public Accounting Act, and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible as a dependent for Illinois State
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance
Code. For the health plan only, the term "dependent" also
includes any person enrolled prior to the effective date of
this Section who is dependent upon the member to the extent
that the member may claim such person as a dependent for
Illinois State income tax deduction purposes; no other such
person may be enrolled.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or the optional retirement
program established under Section 15-158.2) or 18, or under
paragraph (b) or (c) of Section 16-106, of the Illinois
Pension Code, but such term does include persons who are
employed during the 6 month qualifying period under Article
14 of the Illinois Pension Code. Such term also includes any
person who (1) after January 1, 1966, is receiving ordinary
or accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (b) or (c) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, (2) receives total permanent
or total temporary disability under the Workers' Compensation
Act or Occupational Disease Act as a result of injuries
sustained or illness contracted in the course of employment
with the State of Illinois, or (3) is not otherwise covered
under this Act and has retired as a participating member
under Article 2 of the Illinois Pension Code but is
ineligible for the retirement annuity under Section 2-119 of
the Illinois Pension Code. However, a person who satisfies
the criteria of the foregoing definition of "employee" except
that such person is made ineligible to participate in the
State Universities Retirement System by clause (4) of
subsection (a) of Section 15-107 of the Illinois Pension Code
is also an "employee" for the purposes of this Act.
"Employee" also includes any person receiving or eligible for
benefits under a sick pay plan established in accordance with
Section 36 of the State Finance Act. "Employee" also includes
each officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes of
benefiting employees by means of providing, among others,
wellness programs, utilization reviews, second opinions and
medical fee reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code.
(p-6) "New SURS retired employee" means a person who, on
or after January 1, 1998, becomes a retired employee, as
defined in subsection (p), by virtue of being a person
formerly employed by the University of Illinois in the
Cooperative Extension Service who would be an annuitant but
for the fact that he or she was made ineligible to
participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code, and who is eligible to participate in
the basic program of group health benefits provided for
retired employees under this Act.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code; and (2)
the surviving dependent of any person formerly employed by
the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, (ii)
a new SURS annuitant as defined in subsection (b-6), or (iii)
a new SURS retired employee as defined in subsection (p-6).
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district, special district or
other unit, designated as a unit of local government by law,
which exercises limited governmental powers or powers in
respect to limited governmental subjects, any not-for-profit
association with a membership that primarily includes
townships and township officials, that has duties that
include provision of research service, dissemination of
information, and other acts for the purpose of improving
township government, and that is funded wholly or partly in
accordance with Section 85-15 of the Township Code; any
not-for-profit corporation or association, with a membership
consisting primarily of municipalities, that operates its own
utility system, and provides research, training,
dissemination of information, or other acts to promote
cooperation between and among municipalities that provide
utility services and for the advancement of the goals and
purposes of its membership; and the Illinois Association of
Park Districts. "Qualified local government" means a unit of
local government approved by the Director and participating
in a program created under subsection (i) of Section 10 of
this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible as a dependent for Illinois
State income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped as
defined in the Illinois Insurance Code.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code; and
(3) either (i) was a full-time employee of a
community college district or an association of community
college boards created under the Public Community College
Act (other than an employee whose last employer under
Article 15 of the Illinois Pension Code was a community
college district subject to Article VII of the Public
Community College Act) and was eligible to participate in
a group health benefit plan as an employee during the
time of employment with a community college district
(other than a community college district subject to
Article VII of the Public Community College Act) or an
association of community college boards, or (ii) is the
survivor of a person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
benefit recipient, or (C) unmarried natural or adopted
child who is (i) under age 19, or (ii) enrolled as a
full-time student in an accredited school, financially
dependent upon the community college benefit recipient,
eligible as a dependent for Illinois State income tax
purposes and under age 23, or (iii) age 19 or over and
mentally or physically handicapped as defined in the
Illinois Insurance Code.
(Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95;
89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff.
12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628,
eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
revised 10-13-97.)
(5 ILCS 375/6.9)
Sec. 6.9. Health benefits for community college benefit
recipients and community college dependent beneficiaries.
(a) Purpose. It is the purpose of this amendatory Act
of 1997 to establish a uniform program of health benefits for
community college benefit recipients and their dependent
beneficiaries under the administration of the Department of
Central Management Services.
(b) Creation of program. Beginning July 1, 1999, the
Department of Central Management Services shall be
responsible for administering a program of health benefits
for community college benefit recipients and community
college dependent beneficiaries under this Section. The
State Universities Retirement System and the boards of
trustees of the various community college districts shall
cooperate with the Department in this endeavor.
(c) Eligibility. All community college benefit
recipients and community college dependent beneficiaries
shall be eligible to participate in the program established
under this Section, without any interruption or delay in
coverage or limitation as to pre-existing medical conditions.
Eligibility to participate shall be determined by the State
Universities Retirement System. Eligibility information
shall be communicated to the Department of Central Management
Services in a format acceptable to the Department.
(d) Coverage. The health benefit coverage provided
under this Section shall be a program of health, dental, and
vision benefits.
The program of health benefits under this Section may
include any or all of the benefit limitations, including but
not limited to a reduction in benefits based on eligibility
for federal medicare benefits, that are provided under
subsection (a) of Section 6 of this Act for other health
benefit programs under this Act.
(e) Insurance rates and premiums. The Director shall
determine the insurance rates and premiums for community
college benefit recipients and community college dependent
beneficiaries. Rates and premiums may be based in part on
age and eligibility for federal Medicare coverage. The
Director shall also determine premiums that will allow for
the establishment of an actuarially sound reserve for this
program.
The cost of health benefits under the program shall be
paid as follows:
(1) For a community college benefit recipient, up
to 75% of the total insurance rate shall be paid from the
Community College Health Insurance Security Fund.
(2) The balance of the rate of insurance, including
the entire premium for any coverage for community college
dependent beneficiaries that has been elected, shall be
paid by deductions authorized by the community college
benefit recipient to be withheld from his or her monthly
annuity or benefit payment from the State Universities
Retirement System; except that (i) if the balance of the
cost of coverage exceeds the amount of the monthly
annuity or benefit payment, the difference shall be paid
directly to the State Universities Retirement System by
the community college benefit recipient, and (ii) all or
part of the balance of the cost of coverage may, at the
option of the board of trustees of the community college
district, be paid to the State Universities Retirement
System by the board of the community college district
from which the community college benefit recipient
retired. The State Universities Retirement System shall
promptly deposit all moneys withheld by or paid to it
under this subdivision (e)(2) into the Community College
Health Insurance Security Fund. These moneys shall not
be considered assets of the State Universities Retirement
System.
(f) Financing. All revenues arising from the
administration of the health benefit program established
under this Section shall be deposited into the Community
College Health Insurance Security Fund, which is hereby
created as a nonappropriated trust fund to be held outside
the State Treasury, with the State Treasurer as custodian.
Any interest earned on moneys in the Community College Health
Insurance Security Fund shall be deposited into the Fund.
Moneys in the Community College Health Insurance Security
Fund shall be used only to pay the costs of the health
benefit program established under this Section, including
associated administrative costs and the establishment of a
program reserve. Beginning January 1, 1999, the Department
of Central Management Services may make expenditures from the
Community College Health Insurance Security Fund for those
costs.
(g) Contract for benefits. The Director shall by
contract, self-insurance, or otherwise make available the
program of health benefits for community college benefit
recipients and their community college dependent
beneficiaries that is provided for in this Section. The
contract or other arrangement for the provision of these
health benefits shall be on terms deemed by the Director to
be in the best interest of the State of Illinois and the
community college benefit recipients based on, but not
limited to, such criteria as administrative cost, service
capabilities of the carrier or other contractor, and the
costs of the benefits.
(h) Continuation of program. It is the intention of the
General Assembly that the program of health benefits provided
under this Section be maintained on an ongoing, affordable
basis. The program of health benefits provided under this
Section may be amended by the State and is not intended to be
a pension or retirement benefit subject to protection under
Article XIII, Section 5 of the Illinois Constitution.
(i) Other health benefit plans. A health benefit plan
provided by a community college district (other than a
community college district subject to Article VII of the
Public Community College Act) under the terms of a collective
bargaining agreement in effect on or prior to the effective
date of this amendatory Act of 1997 shall continue in force
according to the terms of that agreement, unless otherwise
mutually agreed by the parties to that agreement and the
affected retiree. A community college benefit recipient or
community college dependent beneficiary whose coverage under
such a plan expires shall be eligible to begin participating
in the program established under this Section without any
interruption or delay in coverage or limitation as to
pre-existing medical conditions.
This Act does not prohibit any community college district
from offering additional health benefits for its retirees or
their dependents or survivors.
(Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
(5 ILCS 375/6.11)
Sec. 6.11. 6.9. Required health benefits. The program
of health benefits shall provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t of the Illinois Insurance
Code. The program of health benefits shall provide the
coverage required under Section 356u of the Illinois
Insurance Code.
(Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
(5 ILCS 375/10) (from Ch. 127, par. 530)
Sec. 10. Payments by State; premiums.
(a) The State shall pay the cost of basic
non-contributory group life insurance and, subject to member
paid contributions set by the Department or required by this
Section, the basic program of group health benefits on each
eligible member, except a member, not otherwise covered by
this Act, who has retired as a participating member under
Article 2 of the Illinois Pension Code but is ineligible for
the retirement annuity under Section 2-119 of the Illinois
Pension Code, and part of each eligible member's and retired
member's premiums for health insurance coverage for enrolled
dependents as provided by Section 9. The State shall pay the
cost of the basic program of group health benefits only after
benefits are reduced by the amount of benefits covered by
Medicare for all retired members and retired dependents aged
65 years or older who are entitled to benefits under Social
Security or the Railroad Retirement system or who had
sufficient Medicare-covered government employment except that
such reduction in benefits shall apply only to those retired
members or retired dependents who (1) first become eligible
for such Medicare coverage on or after July 1, 1992; or (2)
remain eligible for, but no longer receive Medicare coverage
which they had been receiving on or after July 1, 1992. The
Department may determine the aggregate level of the State's
contribution on the basis of actual cost of medical services
adjusted for age, sex or geographic or other demographic
characteristics which affect the costs of such programs.
(a-1) Beginning January 1, 1998, for each person who
becomes a new SERS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SERS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-2) Beginning January 1, 1998, for each person who
becomes a new SERS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Employees' Retirement System of Illinois on the date of
death, up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more years of creditable service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
(a-3) Beginning January 1, 1998, for each person who
becomes a new SURS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SURS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-4) Beginning January 1, 1998, for each person who
becomes a new SURS retired employee and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the retired employee's coverage
under the basic program of group health benefits an amount
equal to 5% of that cost for each full year that the retired
employee was an employee as defined in Section 3, up to a
maximum of 100% for a retired employee who was an employee
for 20 or more years. The remainder of the cost of a new
SURS retired employee's coverage under the basic program of
group health benefits shall be the responsibility of the
retired employee.
(a-5) Beginning January 1, 1998, for each person who
becomes a new SURS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Universities Employees' Retirement System of Illinois on the
date of death, up to a maximum of 100% for a survivor of an
employee or annuitant with 20 or more years of creditable
service. The remainder of the cost of the new SURS
survivor's coverage under the basic program of group health
benefits shall be the responsibility of the survivor.
(a-6) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, or new SURS survivor
may waive or terminate coverage in the program of group
health benefits. Any such annuitant, survivor, or retired
employee who has waived or terminated coverage may enroll or
re-enroll in the program of group health benefits only during
the annual benefit choice period, as determined by the
Director; except that in the event of termination of coverage
due to nonpayment of premiums, the annuitant, survivor, or
retired employee may not re-enroll in the program.
(a-7) No later than May 1 of each calendar year, the
Director of Central Management Services shall certify in
writing to the Executive Secretary of the State Employees'
Employee's Retirement System of Illinois the amounts of the
Medicare supplement health care premiums and the amounts of
the health care premiums for all other retirees who are not
Medicare eligible.
A separate calculation of the premiums based upon the
actual cost of each health care plan shall be so certified.
The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Employee's
Retirement System of Illinois such information, statistics,
and other data as he or she he/she may require to review the
premium amounts certified by the Director of Central
Management Services.
(b) State employees who become eligible for this program
on or after January 1, 1980 in positions, normally requiring
actual performance of duty not less than 1/2 of a normal work
period but not equal to that of a normal work period, shall
be given the option of participating in the available
program. If the employee elects coverage, the State shall
contribute on behalf of such employee to the cost of the
employee's benefit and any applicable dependent supplement,
that sum which bears the same percentage as that percentage
of time the employee regularly works when compared to normal
work period.
(c) The basic non-contributory coverage from the basic
program of group health benefits shall be continued for each
employee not in pay status or on active service by reason of
(1) leave of absence due to illness or injury, (2) authorized
educational leave of absence or sabbatical leave, or (3)
military leave with pay and benefits. This coverage shall
continue until expiration of authorized leave and return to
active service, but not to exceed 24 months for leaves under
item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall not apply to persons
receiving ordinary or accidental disability benefits or
retirement benefits through the appropriate State retirement
system or benefits under the Workers' Compensation or
Occupational Disease Act.
(d) The basic group life insurance coverage shall
continue, with full State contribution, where such person is
(1) absent from active service by reason of disability
arising from any cause other than self-inflicted, (2) on
authorized educational leave of absence or sabbatical leave,
or (3) on military leave with pay and benefits.
(e) Where the person is in non-pay status for a period
in excess of 30 days or on leave of absence, other than by
reason of disability, educational or sabbatical leave, or
military leave with pay and benefits, such person may
continue coverage only by making personal payment equal to
the amount normally contributed by the State on such person's
behalf. Such payments and coverage may be continued: (1)
until such time as the person returns to a status eligible
for coverage at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant status with
the State is terminated, or (3) for a maximum period of 4
years for members on military leave with pay and benefits and
military leave without pay and benefits (exclusive of any
additional service imposed pursuant to law).
(f) The Department shall establish by rule the extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
(g) The State shall not pay the cost of the basic
non-contributory group life insurance, program of health
benefits and other employee benefits for members who are
survivors as defined by paragraphs (1) and (2) of subsection
(q) of Section 3 of this Act. The costs of benefits for
these survivors shall be paid by the survivors or by the
University of Illinois Cooperative Extension Service, or any
combination thereof.
(h) Those persons occupying positions with any
department as a result of emergency appointments pursuant to
Section 8b.8 of the Personnel Code who are not considered
employees under this Act shall be given the option of
participating in the programs of group life insurance, health
benefits and other employee benefits. Such persons electing
coverage may participate only by making payment equal to the
amount normally contributed by the State for similarly
situated employees. Such amounts shall be determined by the
Director. Such payments and coverage may be continued until
such time as the person becomes an employee pursuant to this
Act or such person's appointment is terminated.
(i) Any unit of local government within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a unit of local government must agree to enroll
all of its employees, who may select coverage under either
the State group health insurance plan or a health maintenance
organization that has contracted with the State to be
available as a health care provider for employees as defined
in this Act. A unit of local government must remit the
entire cost of providing coverage under the State group
health insurance plan or, for coverage under a health
maintenance organization, an amount determined by the
Director based on an analysis of the sex, age, geographic
location, or other relevant demographic variables for its
employees, except that the unit of local government shall not
be required to enroll those of its employees who are covered
spouses or dependents under this plan or another group policy
or plan providing health benefits as long as (1) an
appropriate official from the unit of local government
attests that each employee not enrolled is a covered spouse
or dependent under this plan or another group policy or plan,
and (2) at least 85% of the employees are enrolled and the
unit of local government remits the entire cost of providing
coverage to those employees. Employees of a participating
unit of local government who are not enrolled due to coverage
under another group health policy or plan may enroll at a
later date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall be payable
for services incurred during the first 6 months of coverage
to the extent the services are in connection with any
pre-existing condition. A participating unit of local
government may also elect to cover its annuitants. Dependent
coverage shall be offered on an optional basis, with the
costs paid by the unit of local government, its employees, or
some combination of the two as determined by the unit of
local government. The unit of local government shall be
responsible for timely collection and transmission of
dependent premiums.
The Director shall annually determine monthly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages, or
contributed by the State for basic insurance coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the local government in
age, sex, geographic location or other relevant
demographic variables, plus an amount sufficient to pay
for the additional administrative costs of providing
coverage to employees of the unit of local government and
their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the unit of local
government.
In the case of coverage of local government employees
under a health maintenance organization, the Director shall
annually determine for each participating unit of local
government the maximum monthly amount the unit may contribute
toward that coverage, based on an analysis of (i) the age,
sex, geographic location, and other relevant demographic
variables of the unit's employees and (ii) the cost to cover
those employees under the State group health insurance plan.
The Director may similarly determine the maximum monthly
amount each unit of local government may contribute toward
coverage of its employees' dependents under a health
maintenance organization.
Monthly payments by the unit of local government or its
employees for group health insurance or health maintenance
organization coverage shall be deposited in the Local
Government Health Insurance Reserve Fund. The Local
Government Health Insurance Reserve Fund shall be a
continuing fund not subject to fiscal year limitations. All
expenditures from this fund shall be used for payments for
health care benefits for local government and rehabilitation
facility employees, annuitants, and dependents, and to
reimburse the Department or its administrative service
organization for all expenses incurred in the administration
of benefits. No other State funds may be used for these
purposes.
A local government employer's participation or desire to
participate in a program created under this subsection shall
not limit that employer's duty to bargain with the
representative of any collective bargaining unit of its
employees.
(j) Any rehabilitation facility within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a rehabilitation facility must agree to enroll
all of its employees and remit the entire cost of providing
such coverage for its employees, except that the
rehabilitation facility shall not be required to enroll those
of its employees who are covered spouses or dependents under
this plan or another group policy or plan providing health
benefits as long as (1) an appropriate official from the
rehabilitation facility attests that each employee not
enrolled is a covered spouse or dependent under this plan or
another group policy or plan, and (2) at least 85% of the
employees are enrolled and the rehabilitation facility remits
the entire cost of providing coverage to those employees.
Employees of a participating rehabilitation facility who are
not enrolled due to coverage under another group health
policy or plan may enroll at a later date subject to
submission of satisfactory evidence of insurability and
provided that no benefits shall be payable for services
incurred during the first 6 months of coverage to the extent
the services are in connection with any pre-existing
condition. A participating rehabilitation facility may also
elect to cover its annuitants. Dependent coverage shall be
offered on an optional basis, with the costs paid by the
rehabilitation facility, its employees, or some combination
of the 2 as determined by the rehabilitation facility. The
rehabilitation facility shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the rehabilitation
facility in age, sex, geographic location or other
relevant demographic variables, plus an amount sufficient
to pay for the additional administrative costs of
providing coverage to employees of the rehabilitation
facility and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the rehabilitation
facility.
Monthly payments by the rehabilitation facility or its
employees for group health insurance shall be deposited in
the Local Government Health Insurance Reserve Fund.
(k) Any domestic violence shelter or service within the
State of Illinois may apply to the Director to have its
employees, annuitants, and their dependents provided group
health coverage under this Act on a non-insured basis. To
participate, a domestic violence shelter or service must
agree to enroll all of its employees and pay the entire cost
of providing such coverage for its employees. A
participating domestic violence shelter may also elect to
cover its annuitants. Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2 as determined by the domestic violence shelter or service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the domestic violence
shelter or service in age, sex, geographic location or
other relevant demographic variables, plus an amount
sufficient to pay for the additional administrative costs
of providing coverage to employees of the domestic
violence shelter or service and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the domestic violence
shelter or service.
(3) In no case shall the rate be less than the
amount normally charged to State employees or contributed
by the State on behalf of its employees.
Monthly payments by the domestic violence shelter or
service or its employees for group health insurance shall be
deposited in the Local Government Health Insurance Reserve
Fund.
(l) A public community college or entity organized
pursuant to the Public Community College Act may apply to the
Director initially to have only annuitants not covered prior
to July 1, 1992 by the district's health plan provided health
coverage under this Act on a non-insured basis. The
community college must execute a 2-year contract to
participate in the Local Government Health Plan. Those
annuitants enrolled initially under this contract shall have
no benefits payable for services incurred during the first 6
months of coverage to the extent the services are in
connection with any pre-existing condition. Any annuitant
who may enroll after this initial enrollment period shall be
subject to submission of satisfactory evidence of
insurability and to the pre-existing conditions limitation.
The Director shall annually determine monthly rates of
payment subject to the following constraints: for those
community colleges with annuitants only enrolled, first year
rates shall be equal to the average cost to cover claims for
a State member adjusted for demographics, Medicare
participation, and other factors; and in the second year, a
further adjustment of rates shall be made to reflect the
actual first year's claims experience of the covered
annuitants.
(m) The Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
7-7-97; revised 1-13-98.)
Section 13. The State Designations Act is amended by
changing Section 25 as follows:
(5 ILCS 460/25) (from Ch. 1, par. 2901-25)
Sec. 25. State mineral. The mineral calcium fluoride
flouride, commonly called "fluorite", is designated the
official State mineral of the State of Illinois.
(Source: P.A. 87-273; revised 6-27-97.)
Section 14. The Election Code is amended by changing
Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
Sec. 7-34. Pollwatchers in a primary election shall be
authorized in the following manner:
(1) Each established political party shall be entitled
to appoint one pollwatcher per precinct. Such pollwatchers
must be affiliated with the political party for which they
are pollwatching. For all primary elections, except as
provided in subsection (5), such pollwatchers must be
registered to vote from a residence in the county in which
they are pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For Federal, State, and county
primary elections, one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching. For township and municipal primary elections,
one pollwatcher must be registered to vote from a residence
in the county in which he is pollwatching. The second
pollwatcher must be registered to vote from a residence in
the precinct or ward in which he is pollwatching.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election
frauds, and which shall have registered its name and address
and the names and addresses of its principal officers with
the proper election authority at least 40 days before the
primary election, shall be entitled to appoint one
pollwatcher per precinct. For all primary elections, except
as prov