Illinois General Assembly - Full Text of SB3604
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Full Text of SB3604  100th General Assembly




SB3604 EnrolledLRB100 21084 RJF 36924 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Government Severance Pay Act.
6    Section 5. Definitions. As used in this Act:
7    "Misconduct" includes, but is not limited to, the
9        (1) Conduct demonstrating conscious disregard of an
10    employer's interests and found to be a deliberate violation
11    or disregard of the reasonable standards of behavior which
12    the employer expects of his or her employee. Such conduct
13    may include, but is not limited to, willful damage to an
14    employer's property that results in damage of more than
15    $50, or theft of employer property or property of a
16    customer or invitee of the employer.
17        (2) Carelessness or negligence to a degree or
18    recurrence that manifests culpability or wrongful intent,
19    or shows an intentional and substantial disregard of the
20    employer's interests or of the employee's duties and
21    obligations to his or her employer.
22        (3) Chronic absenteeism or tardiness in deliberate
23    violation of a known policy of the employer or one or more



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1    unapproved absences following a written reprimand or
2    warning relating to more than one unapproved absence.
3        (4) A willful and deliberate violation of a standard or
4    regulation of this State by an employee of an employer
5    licensed or certified by this State, which violation would
6    cause the employer to be sanctioned or have its license or
7    certification suspended by this State.
8        (5) A violation of an employer's rule, unless the
9    claimant can demonstrate that:
10            (A) he or she did not know, and could not
11        reasonably know, of the rule's requirements;
12            (B) the rule is not lawful or not reasonably
13        related to the job environment and performance; or
14            (C) the rule is not fairly or consistently
15        enforced.
16        (6) Other conduct, including, but not limited to,
17    committing criminal assault or battery on another
18    employee, or on a customer or invitee of the employer, or
19    committing abuse or neglect of a patient, resident,
20    disabled person, elderly person, or child in her or his
21    professional care.
22    "Severance pay" means the actual or constructive
23compensation, including salary, benefits, or perquisites, for
24employment services yet to be rendered which is provided to an
25employee who has recently been or is about to be terminated.
26    "Unit of government" means and includes all boards,



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1commissions, agencies, institutions, authorities, and bodies
2politic and corporate of the State, created by or in accordance
3with the constitution or statute, of the executive branch of
4State government and does include colleges, universities, and
5institutions under the jurisdiction of the governing boards of
6the University of Illinois, Southern Illinois University,
7Illinois State University, Eastern Illinois University,
8Northern Illinois University, Western Illinois University,
9Chicago State University, Governors State University,
10Northeastern Illinois University, and the Board of Higher
11Education. "Unit of government" also includes units of local
12government, school districts, and community colleges under the
13Public Community College Act.
14    Section 10. Severance pay.
15    (a) A unit of government that enters into a contract or
16employment agreement, or renewal or renegotiation of an
17existing contract or employment agreement, that contains a
18provision for severance pay with an officer, agent, employee,
19or contractor must include the following provisions in the
21        (1) a requirement that severance pay provided may not
22    exceed an amount greater than 20 weeks of compensation; and
23        (2) a prohibition of provision of severance pay when
24    the officer, agent, employee, or contractor has been fired
25    for misconduct by the unit of government.



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1    (b) Nothing in this Section creates an entitlement to
2severance pay in the absence of its contractual authorization
3or as otherwise authorized by law.