093_HB2955enr

 
HB2955 Enrolled                      LRB093 09940 BDD 10191 b

 1        AN ACT concerning State employees.

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

 4        Section  5.  The State Finance Act is amended by changing
 5    Section 14a as follows:

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

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.