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Public Act 91-0481
HB0107 Enrolled LRB9100779PTpk
AN ACT to amend the Personnel Code by changing Section
8b.7.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Code is amended by changing
Section 8b.7 as follows:
(20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
Sec. 8b.7. Veteran preference. For the granting of
appropriate preference in entrance examinations to qualified
persons who have been members of the armed forces of the
United States or to qualified persons who, while citizens of
the United States, were members of the armed forces of allies
of the United States in time of hostilities with a foreign
country, and to certain other persons as set forth in this
Section.
(a) As used in this Section:
(1) "Time of hostilities with a foreign country"
means any period of time in the past, present, or future
during which a declaration of war by the United States
Congress has been or is in effect or during which an
emergency condition has been or is in effect that is
recognized by the issuance of a Presidential proclamation
or a Presidential executive order and in which the armed
forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive
order.
(2) "Armed forces of the United States" means the
United States Army, Navy, Air Force, Marine Corps, and
Coast Guard. Service in the Merchant Marine that
constitutes active duty under Section 401 of federal
Public Law 95-202 shall also be considered service in the
Armed Forces of the United States for purposes of this
Section.
(b) The preference granted under this Section shall be
in the form of points added to the final grades of the
persons if they otherwise qualify and are entitled to appear
on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points
if the veteran currently holds proof of a service connected
disability from the United States Department of Veterans
Affairs or an allied country or if the veteran is a recipient
of the Purple Heart.
(d) A veteran who has served during a time of
hostilities with a foreign country is qualified for a
preference of 5 points if the veteran served under one or
more of the following conditions:
(1) The veteran served a total of at least 6
months, or
(2) The veteran served for the duration of
hostilities regardless of the length of engagement, or
(3) The veteran was discharged on the basis of
hardship, or
(4) The veteran was released from active duty
because of a service connected disability and was
discharged under honorable conditions.
(e) A person not eligible for a preference under
subsection (c) or (d) is qualified for a preference of 3
points if the person has served in the armed forces of the
United States, the Illinois National Guard, or any reserve
component of the armed forces of the United States if the
person: (1) served for at least 6 months and has been
discharged under honorable conditions or (2) has been
discharged on the ground of hardship or (3) was released from
active duty because of a service connected disability. An
active member of the National Guard or a reserve component of
the armed forces of the United States is eligible for the
preference if the member meets the service requirements of
this subsection (e).
(f) The rank order of persons entitled to a preference
on eligible lists shall be determined on the basis of their
augmented ratings. When the Director establishes eligible
lists on the basis of category ratings such as "superior",
"excellent", "well-qualified", and "qualified", the veteran
eligibles in each such category shall be preferred for
appointment before the non-veteran eligibles in the same
category.
(g) Employees in positions covered by jurisdiction B
who, while in good standing, leave to engage in military
service during a period of hostility, shall be given credit
for seniority purposes for time served in the armed forces.
(h) A surviving unremarried spouse of a veteran who
suffered a service connected death or the spouse of a veteran
who suffered a service connected disability that prevents the
veteran from qualifying for civil service employment shall be
entitled to the same preference to which the veteran would
have been entitled under this Section.
(i) A preference shall also be given to the following
individuals: 10 points for one parent of an unmarried
veteran who suffered a service connected death or a service
connected disability that prevents the veteran from
qualifying for civil service employment. The first parent to
receive a civil service appointment shall be the parent
entitled to the preference.
(j) The Department of Central Management Services shall
adopt rules and implement procedures to verify that any
person seeking a preference under this Section is entitled to
the preference. A person seeking a preference under this
Section shall provide documentation or execute any consents
or other documents required by the Department of Central
Management Services or any other State department or agency
to enable the department or agency to verify that the person
is entitled to the preference.
(k) If an applicant claims to be a veteran, the
Department of Central Management Services must verify that
status before granting a veteran preference by requiring a
certified copy of the applicant's most recent DD214
(Certificate of Release or Discharge from Active Duty) or
other evidence of the applicant's most recent honorable
discharge from the Armed Forces of the United States that is
determined to be acceptable by the Department of Central
Management Services. (Source: P.A. 89-324, eff. 8-13-95;
89-626, eff. 8-9-96; 90-655, eff. 7-30-98.)
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