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90_SB0485
5 ILCS 375/3 from Ch. 127, par. 523
40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106
Amends the Illinois Pension Code to allow employees of
the Board of Public Accounting Examiners to participate in
the State Universities Retirement System. Amends the State
Employees Group Insurance Act of 1971 to provide health
benefits for those employees.
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1 AN ACT in relation to the Board of Examiners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Employees Group Insurance Act of
5 1971 is amended by changing Section 3 as follows:
6 (5 ILCS 375/3) (from Ch. 127, par. 523)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 3. Definitions. Unless the context otherwise
9 requires, the following words and phrases as used in this Act
10 shall have the following meanings. The Department may define
11 these and other words and phrases separately for the purpose
12 of implementing specific programs providing benefits under
13 this Act.
14 (a) "Administrative service organization" means any
15 person, firm or corporation experienced in the handling of
16 claims which is fully qualified, financially sound and
17 capable of meeting the service requirements of a contract of
18 administration executed with the Department.
19 (b) "Annuitant" means (1) an employee who retires, or
20 has retired, on or after January 1, 1966 on an immediate
21 annuity under the provisions of Articles 2, 14, 15 (including
22 an employee who has retired and is receiving a retirement
23 annuity under an optional program established under Section
24 15-158.2 and who would also be eligible for a retirement
25 annuity had that person been a participant in the State
26 University Retirement System), paragraphs (b) or (c) of
27 Section 16-106, or Article 18 of the Illinois Pension Code;
28 (2) any person who was receiving group insurance coverage
29 under this Act as of March 31, 1978 by reason of his status
30 as an annuitant, even though the annuity in relation to which
31 such coverage was provided is a proportional annuity based on
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1 less than the minimum period of service required for a
2 retirement annuity in the system involved; (3) any person not
3 otherwise covered by this Act who has retired as a
4 participating member under Article 2 of the Illinois Pension
5 Code but is ineligible for the retirement annuity under
6 Section 2-119 of the Illinois Pension Code; (4) the spouse of
7 any person who is receiving a retirement annuity under
8 Article 18 of the Illinois Pension Code and who is covered
9 under a group health insurance program sponsored by a
10 governmental employer other than the State of Illinois and
11 who has irrevocably elected to waive his or her coverage
12 under this Act and to have his or her spouse considered as
13 the "annuitant" under this Act and not as a "dependent"; or
14 (5) an employee who retires, or has retired, from a qualified
15 position, as determined according to rules promulgated by the
16 Director, under a qualified local government or a qualified
17 rehabilitation facility or a qualified domestic violence
18 shelter or service. (For definition of "retired employee",
19 see (p) post).
20 (c) "Carrier" means (1) an insurance company, a
21 corporation organized under the Limited Health Service
22 Organization Act or the Voluntary Health Services Plan Act, a
23 partnership, or other nongovernmental organization, which is
24 authorized to do group life or group health insurance
25 business in Illinois, or (2) the State of Illinois as a
26 self-insurer.
27 (d) "Compensation" means salary or wages payable on a
28 regular payroll by the State Treasurer on a warrant of the
29 State Comptroller out of any State, trust or federal fund, or
30 by the Governor of the State through a disbursing officer of
31 the State out of a trust or out of federal funds, or by any
32 Department out of State, trust, federal or other funds held
33 by the State Treasurer or the Department, to any person for
34 personal services currently performed, and ordinary or
-3- LRB9001015EGfg
1 accidental disability benefits under Articles 2, 14, 15
2 (including ordinary or accidental disability benefits under
3 an optional program established under Section 15-158.2),
4 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
5 Illinois Pension Code, for disability incurred after January
6 1, 1966, or benefits payable under the Workers' Compensation
7 or Occupational Diseases Act or benefits payable under a sick
8 pay plan established in accordance with Section 36 of the
9 State Finance Act. "Compensation" also means salary or wages
10 paid to an employee of any qualified local government or
11 qualified rehabilitation facility or a qualified domestic
12 violence shelter or service.
13 (e) "Commission" means the State Employees Group
14 Insurance Advisory Commission authorized by this Act.
15 Commencing July 1, 1984, "Commission" as used in this Act
16 means the Illinois Economic and Fiscal Commission as
17 established by the Legislative Commission Reorganization Act
18 of 1984.
19 (f) "Contributory", when referred to as contributory
20 coverage, shall mean optional coverages or benefits elected
21 by the member toward the cost of which such member makes
22 contribution, or which are funded in whole or in part through
23 the acceptance of a reduction in earnings or the foregoing of
24 an increase in earnings by an employee, as distinguished from
25 noncontributory coverage or benefits which are paid entirely
26 by the State of Illinois without reduction of the member's
27 salary.
28 (g) "Department" means any department, institution,
29 board, commission, officer, court or any agency of the State
30 government receiving appropriations and having power to
31 certify payrolls to the Comptroller authorizing payments of
32 salary and wages against such appropriations as are made by
33 the General Assembly from any State fund, or against trust
34 funds held by the State Treasurer and includes boards of
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1 trustees of the retirement systems created by Articles 2, 14,
2 15, 16 and 18 of the Illinois Pension Code. "Department"
3 also includes the Illinois Comprehensive Health Insurance
4 Board, the Board of Examiners established under the Illinois
5 Public Accounting Act, and the Illinois Rural Bond Bank.
6 (h) "Dependent", when the term is used in the context of
7 the health and life plan, means a member's spouse and any
8 unmarried child (1) from birth to age 19 including an adopted
9 child, a child who lives with the member from the time of the
10 filing of a petition for adoption until entry of an order of
11 adoption, a stepchild or recognized child who lives with the
12 member in a parent-child relationship, or a child who lives
13 with the member if such member is a court appointed guardian
14 of the child, or (2) age 19 to 23 enrolled as a full-time
15 student in any accredited school, financially dependent upon
16 the member, and eligible as a dependent for Illinois State
17 income tax purposes, or (3) age 19 or over who is mentally or
18 physically handicapped as defined in the Illinois Insurance
19 Code. For the health plan only, the term "dependent" also
20 includes any person enrolled prior to the effective date of
21 this Section who is dependent upon the member to the extent
22 that the member may claim such person as a dependent for
23 Illinois State income tax deduction purposes; no other such
24 person may be enrolled.
25 (i) "Director" means the Director of the Illinois
26 Department of Central Management Services.
27 (j) "Eligibility period" means the period of time a
28 member has to elect enrollment in programs or to select
29 benefits without regard to age, sex or health.
30 (k) "Employee" means and includes each officer or
31 employee in the service of a department who (1) receives his
32 compensation for service rendered to the department on a
33 warrant issued pursuant to a payroll certified by a
34 department or on a warrant or check issued and drawn by a
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1 department upon a trust, federal or other fund or on a
2 warrant issued pursuant to a payroll certified by an elected
3 or duly appointed officer of the State or who receives
4 payment of the performance of personal services on a warrant
5 issued pursuant to a payroll certified by a Department and
6 drawn by the Comptroller upon the State Treasurer against
7 appropriations made by the General Assembly from any fund or
8 against trust funds held by the State Treasurer, and (2) is
9 employed full-time or part-time in a position normally
10 requiring actual performance of duty during not less than 1/2
11 of a normal work period, as established by the Director in
12 cooperation with each department, except that persons elected
13 by popular vote will be considered employees during the
14 entire term for which they are elected regardless of hours
15 devoted to the service of the State, and (3) except that
16 "employee" does not include any person who is not eligible by
17 reason of such person's employment to participate in one of
18 the State retirement systems under Articles 2, 14, 15 (either
19 the regular Article 15 system or an optional program
20 established under Section 15-158.2) or 18, or under paragraph
21 (b) or (c) of Section 16-106, of the Illinois Pension Code,
22 but such term does include persons who are employed during
23 the 6 month qualifying period under Article 14 of the
24 Illinois Pension Code. Such term also includes any person
25 who (1) after January 1, 1966, is receiving ordinary or
26 accidental disability benefits under Articles 2, 14, 15
27 (including ordinary or accidental disability benefits under
28 an optional program established under Section 15-158.2),
29 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
30 Illinois Pension Code, for disability incurred after January
31 1, 1966, (2) receives total permanent or total temporary
32 disability under the Workers' Compensation Act or
33 Occupational Disease Act as a result of injuries sustained or
34 illness contracted in the course of employment with the State
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1 of Illinois, or (3) is not otherwise covered under this Act
2 and has retired as a participating member under Article 2 of
3 the Illinois Pension Code but is ineligible for the
4 retirement annuity under Section 2-119 of the Illinois
5 Pension Code. However, a person who satisfies the criteria
6 of the foregoing definition of "employee" except that such
7 person is made ineligible to participate in the State
8 Universities Retirement System by clause (4) of the first
9 paragraph of Section 15-107 of the Illinois Pension Code is
10 also an "employee" for the purposes of this Act. "Employee"
11 also includes any person receiving or eligible for benefits
12 under a sick pay plan established in accordance with Section
13 36 of the State Finance Act. "Employee" also includes each
14 officer or employee in the service of a qualified local
15 government, including persons appointed as trustees of
16 sanitary districts regardless of hours devoted to the service
17 of the sanitary district, and each employee in the service of
18 a qualified rehabilitation facility and each full-time
19 employee in the service of a qualified domestic violence
20 shelter or service, as determined according to rules
21 promulgated by the Director.
22 (l) "Member" means an employee, annuitant, retired
23 employee or survivor.
24 (m) "Optional coverages or benefits" means those
25 coverages or benefits available to the member on his or her
26 voluntary election, and at his or her own expense.
27 (n) "Program" means the group life insurance, health
28 benefits and other employee benefits designed and contracted
29 for by the Director under this Act.
30 (o) "Health plan" means a self-insured health insurance
31 program offered by the State of Illinois for the purposes of
32 benefiting employees by means of providing, among others,
33 wellness programs, utilization reviews, second opinions and
34 medical fee reviews, as well as for paying for hospital and
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1 medical care up to the maximum coverage provided by the plan,
2 to its members and their dependents.
3 (p) "Retired employee" means any person who would be an
4 annuitant as that term is defined herein but for the fact
5 that such person retired prior to January 1, 1966. Such term
6 also includes any person formerly employed by the University
7 of Illinois in the Cooperative Extension Service who would be
8 an annuitant but for the fact that such person was made
9 ineligible to participate in the State Universities
10 Retirement System by clause (4) of the first paragraph of
11 Section 15-107 of the Illinois Pension Code.
12 (q) "Survivor" means a person receiving an annuity as a
13 survivor of an employee or of an annuitant. "Survivor" also
14 includes: (1) the surviving dependent of a person who
15 satisfies the definition of "employee" except that such
16 person is made ineligible to participate in the State
17 Universities Retirement System by clause (4) of the first
18 paragraph of Section 15-107 of the Illinois Pension Code; and
19 (2) the surviving dependent of any person formerly employed
20 by the University of Illinois in the Cooperative Extension
21 Service who would be an annuitant except for the fact that
22 such person was made ineligible to participate in the State
23 Universities Retirement System by clause (4) of the first
24 paragraph of Section 15-107 of the Illinois Pension Code.
25 (r) "Medical services" means the services provided
26 within the scope of their licenses by practitioners in all
27 categories licensed under the Medical Practice Act of 1987.
28 (s) "Unit of local government" means any county,
29 municipality, township, school district, special district or
30 other unit, designated as a unit of local government by law,
31 which exercises limited governmental powers or powers in
32 respect to limited governmental subjects, any not-for-profit
33 association with a membership that primarily includes
34 townships and township officials, that has duties that
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1 include provision of research service, dissemination of
2 information, and other acts for the purpose of improving
3 township government, and that is funded wholly or partly in
4 accordance with Section 85-15 of the Township Code; any
5 not-for-profit corporation or association, with a membership
6 consisting primarily of municipalities, that operates its own
7 utility system, and provides research, training,
8 dissemination of information, or other acts to promote
9 cooperation between and among municipalities that provide
10 utility services and for the advancement of the goals and
11 purposes of its membership; and the Illinois Association of
12 Park Districts. "Qualified local government" means a unit of
13 local government approved by the Director and participating
14 in a program created under subsection (i) of Section 10 of
15 this Act.
16 (t) "Qualified rehabilitation facility" means any
17 not-for-profit organization that is accredited by the
18 Commission on Accreditation of Rehabilitation Facilities or
19 certified by the Department of Mental Health and
20 Developmental Disabilities to provide services to persons
21 with disabilities and which receives funds from the State of
22 Illinois for providing those services, approved by the
23 Director and participating in a program created under
24 subsection (j) of Section 10 of this Act.
25 (u) "Qualified domestic violence shelter or service"
26 means any Illinois domestic violence shelter or service and
27 its administrative offices funded by the Illinois Department
28 of Public Aid, approved by the Director and participating in
29 a program created under subsection (k) of Section 10.
30 (v) "TRS benefit recipient" means a person who:
31 (1) is not a "member" as defined in this Section;
32 and
33 (2) is receiving a monthly benefit or retirement
34 annuity under Article 16 of the Illinois Pension Code;
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1 and
2 (3) either (i) has at least 8 years of creditable
3 service under Article 16 of the Illinois Pension Code, or
4 (ii) was enrolled in the health insurance program offered
5 under that Article on January 1, 1996, or (iii) is the
6 survivor of a benefit recipient who had at least 8 years
7 of creditable service under Article 16 of the Illinois
8 Pension Code or was enrolled in the health insurance
9 program offered under that Article on the effective date
10 of this amendatory Act of 1995, or (iv) is a recipient or
11 survivor of a recipient of a disability benefit under
12 Article 16 of the Illinois Pension Code.
13 (w) "TRS dependent beneficiary" means a person who:
14 (1) is not a "member" or "dependent" as defined in
15 this Section; and
16 (2) is a TRS benefit recipient's: (A) spouse, (B)
17 dependent parent who is receiving at least half of his or
18 her support from the TRS benefit recipient, or (C)
19 unmarried natural or adopted child who is (i) under age
20 19, or (ii) enrolled as a full-time student in an
21 accredited school, financially dependent upon the TRS
22 benefit recipient, eligible as a dependent for Illinois
23 State income tax purposes, and either is under age 24 or
24 was, on January 1, 1996, participating as a dependent
25 beneficiary in the health insurance program offered under
26 Article 16 of the Illinois Pension Code, or (iii) age 19
27 or over who is mentally or physically handicapped as
28 defined in the Illinois Insurance Code.
29 (x) "Military leave with pay and benefits" refers to
30 individuals in basic training for reserves, special/advanced
31 training, annual training, emergency call up, or activation
32 by the President of the United States with approved pay and
33 benefits.
34 (y) "Military leave without pay and benefits" refers to
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1 individuals who enlist for active duty in a regular component
2 of the U.S. Armed Forces or other duty not specified or
3 authorized under military leave with pay and benefits.
4 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
5 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
6 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628,
7 eff. 8-9-96; revised 8-23-96.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired and is receiving a retirement
24 annuity under an optional program established under Section
25 15-158.2 and who would also be eligible for a retirement
26 annuity had that person been a participant in the State
27 University Retirement System), paragraphs (b) or (c) of
28 Section 16-106, or Article 18 of the Illinois Pension Code;
29 (2) any person who was receiving group insurance coverage
30 under this Act as of March 31, 1978 by reason of his status
31 as an annuitant, even though the annuity in relation to which
32 such coverage was provided is a proportional annuity based on
33 less than the minimum period of service required for a
34 retirement annuity in the system involved; (3) any person not
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1 otherwise covered by this Act who has retired as a
2 participating member under Article 2 of the Illinois Pension
3 Code but is ineligible for the retirement annuity under
4 Section 2-119 of the Illinois Pension Code; (4) the spouse of
5 any person who is receiving a retirement annuity under
6 Article 18 of the Illinois Pension Code and who is covered
7 under a group health insurance program sponsored by a
8 governmental employer other than the State of Illinois and
9 who has irrevocably elected to waive his or her coverage
10 under this Act and to have his or her spouse considered as
11 the "annuitant" under this Act and not as a "dependent"; or
12 (5) an employee who retires, or has retired, from a qualified
13 position, as determined according to rules promulgated by the
14 Director, under a qualified local government or a qualified
15 rehabilitation facility or a qualified domestic violence
16 shelter or service. (For definition of "retired employee",
17 see (p) post).
18 (c) "Carrier" means (1) an insurance company, a
19 corporation organized under the Limited Health Service
20 Organization Act or the Voluntary Health Services Plan Act, a
21 partnership, or other nongovernmental organization, which is
22 authorized to do group life or group health insurance
23 business in Illinois, or (2) the State of Illinois as a
24 self-insurer.
25 (d) "Compensation" means salary or wages payable on a
26 regular payroll by the State Treasurer on a warrant of the
27 State Comptroller out of any State, trust or federal fund, or
28 by the Governor of the State through a disbursing officer of
29 the State out of a trust or out of federal funds, or by any
30 Department out of State, trust, federal or other funds held
31 by the State Treasurer or the Department, to any person for
32 personal services currently performed, and ordinary or
33 accidental disability benefits under Articles 2, 14, 15
34 (including ordinary or accidental disability benefits under
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1 an optional program established under Section 15-158.2),
2 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
3 Illinois Pension Code, for disability incurred after January
4 1, 1966, or benefits payable under the Workers' Compensation
5 or Occupational Diseases Act or benefits payable under a sick
6 pay plan established in accordance with Section 36 of the
7 State Finance Act. "Compensation" also means salary or wages
8 paid to an employee of any qualified local government or
9 qualified rehabilitation facility or a qualified domestic
10 violence shelter or service.
11 (e) "Commission" means the State Employees Group
12 Insurance Advisory Commission authorized by this Act.
13 Commencing July 1, 1984, "Commission" as used in this Act
14 means the Illinois Economic and Fiscal Commission as
15 established by the Legislative Commission Reorganization Act
16 of 1984.
17 (f) "Contributory", when referred to as contributory
18 coverage, shall mean optional coverages or benefits elected
19 by the member toward the cost of which such member makes
20 contribution, or which are funded in whole or in part through
21 the acceptance of a reduction in earnings or the foregoing of
22 an increase in earnings by an employee, as distinguished from
23 noncontributory coverage or benefits which are paid entirely
24 by the State of Illinois without reduction of the member's
25 salary.
26 (g) "Department" means any department, institution,
27 board, commission, officer, court or any agency of the State
28 government receiving appropriations and having power to
29 certify payrolls to the Comptroller authorizing payments of
30 salary and wages against such appropriations as are made by
31 the General Assembly from any State fund, or against trust
32 funds held by the State Treasurer and includes boards of
33 trustees of the retirement systems created by Articles 2, 14,
34 15, 16 and 18 of the Illinois Pension Code. "Department"
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1 also includes the Illinois Comprehensive Health Insurance
2 Board, the Board of Examiners established under the Illinois
3 Public Accounting Act, and the Illinois Rural Bond Bank.
4 (h) "Dependent", when the term is used in the context of
5 the health and life plan, means a member's spouse and any
6 unmarried child (1) from birth to age 19 including an adopted
7 child, a child who lives with the member from the time of the
8 filing of a petition for adoption until entry of an order of
9 adoption, a stepchild or recognized child who lives with the
10 member in a parent-child relationship, or a child who lives
11 with the member if such member is a court appointed guardian
12 of the child, or (2) age 19 to 23 enrolled as a full-time
13 student in any accredited school, financially dependent upon
14 the member, and eligible as a dependent for Illinois State
15 income tax purposes, or (3) age 19 or over who is mentally or
16 physically handicapped as defined in the Illinois Insurance
17 Code. For the health plan only, the term "dependent" also
18 includes any person enrolled prior to the effective date of
19 this Section who is dependent upon the member to the extent
20 that the member may claim such person as a dependent for
21 Illinois State income tax deduction purposes; no other such
22 person may be enrolled.
23 (i) "Director" means the Director of the Illinois
24 Department of Central Management Services.
25 (j) "Eligibility period" means the period of time a
26 member has to elect enrollment in programs or to select
27 benefits without regard to age, sex or health.
28 (k) "Employee" means and includes each officer or
29 employee in the service of a department who (1) receives his
30 compensation for service rendered to the department on a
31 warrant issued pursuant to a payroll certified by a
32 department or on a warrant or check issued and drawn by a
33 department upon a trust, federal or other fund or on a
34 warrant issued pursuant to a payroll certified by an elected
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1 or duly appointed officer of the State or who receives
2 payment of the performance of personal services on a warrant
3 issued pursuant to a payroll certified by a Department and
4 drawn by the Comptroller upon the State Treasurer against
5 appropriations made by the General Assembly from any fund or
6 against trust funds held by the State Treasurer, and (2) is
7 employed full-time or part-time in a position normally
8 requiring actual performance of duty during not less than 1/2
9 of a normal work period, as established by the Director in
10 cooperation with each department, except that persons elected
11 by popular vote will be considered employees during the
12 entire term for which they are elected regardless of hours
13 devoted to the service of the State, and (3) except that
14 "employee" does not include any person who is not eligible by
15 reason of such person's employment to participate in one of
16 the State retirement systems under Articles 2, 14, 15 (either
17 the regular Article 15 system or an optional program
18 established under Section 15-158.2) or 18, or under paragraph
19 (b) or (c) of Section 16-106, of the Illinois Pension Code,
20 but such term does include persons who are employed during
21 the 6 month qualifying period under Article 14 of the
22 Illinois Pension Code. Such term also includes any person
23 who (1) after January 1, 1966, is receiving ordinary or
24 accidental disability benefits under Articles 2, 14, 15
25 (including ordinary or accidental disability benefits under
26 an optional program established under Section 15-158.2),
27 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
28 Illinois Pension Code, for disability incurred after January
29 1, 1966, (2) receives total permanent or total temporary
30 disability under the Workers' Compensation Act or
31 Occupational Disease Act as a result of injuries sustained or
32 illness contracted in the course of employment with the State
33 of Illinois, or (3) is not otherwise covered under this Act
34 and has retired as a participating member under Article 2 of
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1 the Illinois Pension Code but is ineligible for the
2 retirement annuity under Section 2-119 of the Illinois
3 Pension Code. However, a person who satisfies the criteria
4 of the foregoing definition of "employee" except that such
5 person is made ineligible to participate in the State
6 Universities Retirement System by clause (4) of the first
7 paragraph of Section 15-107 of the Illinois Pension Code is
8 also an "employee" for the purposes of this Act. "Employee"
9 also includes any person receiving or eligible for benefits
10 under a sick pay plan established in accordance with Section
11 36 of the State Finance Act. "Employee" also includes each
12 officer or employee in the service of a qualified local
13 government, including persons appointed as trustees of
14 sanitary districts regardless of hours devoted to the service
15 of the sanitary district, and each employee in the service of
16 a qualified rehabilitation facility and each full-time
17 employee in the service of a qualified domestic violence
18 shelter or service, as determined according to rules
19 promulgated by the Director.
20 (l) "Member" means an employee, annuitant, retired
21 employee or survivor.
22 (m) "Optional coverages or benefits" means those
23 coverages or benefits available to the member on his or her
24 voluntary election, and at his or her own expense.
25 (n) "Program" means the group life insurance, health
26 benefits and other employee benefits designed and contracted
27 for by the Director under this Act.
28 (o) "Health plan" means a self-insured health insurance
29 program offered by the State of Illinois for the purposes of
30 benefiting employees by means of providing, among others,
31 wellness programs, utilization reviews, second opinions and
32 medical fee reviews, as well as for paying for hospital and
33 medical care up to the maximum coverage provided by the plan,
34 to its members and their dependents.
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1 (p) "Retired employee" means any person who would be an
2 annuitant as that term is defined herein but for the fact
3 that such person retired prior to January 1, 1966. Such term
4 also includes any person formerly employed by the University
5 of Illinois in the Cooperative Extension Service who would be
6 an annuitant but for the fact that such person was made
7 ineligible to participate in the State Universities
8 Retirement System by clause (4) of the first paragraph of
9 Section 15-107 of the Illinois Pension Code.
10 (q) "Survivor" means a person receiving an annuity as a
11 survivor of an employee or of an annuitant. "Survivor" also
12 includes: (1) the surviving dependent of a person who
13 satisfies the definition of "employee" except that such
14 person is made ineligible to participate in the State
15 Universities Retirement System by clause (4) of the first
16 paragraph of Section 15-107 of the Illinois Pension Code; and
17 (2) the surviving dependent of any person formerly employed
18 by the University of Illinois in the Cooperative Extension
19 Service who would be an annuitant except for the fact that
20 such person was made ineligible to participate in the State
21 Universities Retirement System by clause (4) of the first
22 paragraph of Section 15-107 of the Illinois Pension Code.
23 (r) "Medical services" means the services provided
24 within the scope of their licenses by practitioners in all
25 categories licensed under the Medical Practice Act of 1987.
26 (s) "Unit of local government" means any county,
27 municipality, township, school district, special district or
28 other unit, designated as a unit of local government by law,
29 which exercises limited governmental powers or powers in
30 respect to limited governmental subjects, any not-for-profit
31 association with a membership that primarily includes
32 townships and township officials, that has duties that
33 include provision of research service, dissemination of
34 information, and other acts for the purpose of improving
-17- LRB9001015EGfg
1 township government, and that is funded wholly or partly in
2 accordance with Section 85-15 of the Township Code; any
3 not-for-profit corporation or association, with a membership
4 consisting primarily of municipalities, that operates its own
5 utility system, and provides research, training,
6 dissemination of information, or other acts to promote
7 cooperation between and among municipalities that provide
8 utility services and for the advancement of the goals and
9 purposes of its membership; and the Illinois Association of
10 Park Districts. "Qualified local government" means a unit of
11 local government approved by the Director and participating
12 in a program created under subsection (i) of Section 10 of
13 this Act.
14 (t) "Qualified rehabilitation facility" means any
15 not-for-profit organization that is accredited by the
16 Commission on Accreditation of Rehabilitation Facilities or
17 certified by the Department of Human Services (as successor
18 to the Department of Mental Health and Developmental
19 Disabilities) to provide services to persons with
20 disabilities and which receives funds from the State of
21 Illinois for providing those services, approved by the
22 Director and participating in a program created under
23 subsection (j) of Section 10 of this Act.
24 (u) "Qualified domestic violence shelter or service"
25 means any Illinois domestic violence shelter or service and
26 its administrative offices funded by the Department of Human
27 Services (as successor to the Illinois Department of Public
28 Aid), approved by the Director and participating in a program
29 created under subsection (k) of Section 10.
30 (v) "TRS benefit recipient" means a person who:
31 (1) is not a "member" as defined in this Section;
32 and
33 (2) is receiving a monthly benefit or retirement
34 annuity under Article 16 of the Illinois Pension Code;
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1 and
2 (3) either (i) has at least 8 years of creditable
3 service under Article 16 of the Illinois Pension Code, or
4 (ii) was enrolled in the health insurance program offered
5 under that Article on January 1, 1996, or (iii) is the
6 survivor of a benefit recipient who had at least 8 years
7 of creditable service under Article 16 of the Illinois
8 Pension Code or was enrolled in the health insurance
9 program offered under that Article on the effective date
10 of this amendatory Act of 1995, or (iv) is a recipient or
11 survivor of a recipient of a disability benefit under
12 Article 16 of the Illinois Pension Code.
13 (w) "TRS dependent beneficiary" means a person who:
14 (1) is not a "member" or "dependent" as defined in
15 this Section; and
16 (2) is a TRS benefit recipient's: (A) spouse, (B)
17 dependent parent who is receiving at least half of his or
18 her support from the TRS benefit recipient, or (C)
19 unmarried natural or adopted child who is (i) under age
20 19, or (ii) enrolled as a full-time student in an
21 accredited school, financially dependent upon the TRS
22 benefit recipient, eligible as a dependent for Illinois
23 State income tax purposes, and either is under age 24 or
24 was, on January 1, 1996, participating as a dependent
25 beneficiary in the health insurance program offered under
26 Article 16 of the Illinois Pension Code, or (iii) age 19
27 or over who is mentally or physically handicapped as
28 defined in the Illinois Insurance Code.
29 (x) "Military leave with pay and benefits" refers to
30 individuals in basic training for reserves, special/advanced
31 training, annual training, emergency call up, or activation
32 by the President of the United States with approved pay and
33 benefits.
34 (y) "Military leave without pay and benefits" refers to
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1 individuals who enlist for active duty in a regular component
2 of the U.S. Armed Forces or other duty not specified or
3 authorized under military leave with pay and benefits.
4 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
5 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
6 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
7 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
8 Section 10. The Illinois Pension Code is amended by
9 changing Section 15-106 as follows:
10 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
11 Sec. 15-106. Employer. "Employer": The University of
12 Illinois, Southern Illinois University, Chicago State
13 University, Eastern Illinois University, Governors State
14 University, Illinois State University, Northeastern Illinois
15 University, Northern Illinois University, Western Illinois
16 University, the State Board of Higher Education, the Illinois
17 Mathematics and Science Academy, the State Geological Survey
18 Division of the Department of Natural Resources, the State
19 Natural History Survey Division of the Department of Natural
20 Resources, the State Water Survey Division of the Department
21 of Natural Resources, the Hazardous Waste Research and
22 Information Center of the Department of Natural Resources,
23 the University Civil Service Merit Board, the Board of
24 Trustees of the State Universities Retirement System, the
25 Illinois Community College Board, State Community College of
26 East St. Louis, community college boards, any association of
27 community college boards organized under Section 3-55 of the
28 Public Community College Act, the Board of Examiners
29 established under the Illinois Public Accounting Act, and,
30 only during the period for which employer contributions
31 required under Section 15-155 are paid, the following
32 organizations: the alumni associations, the foundations and
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1 the athletic associations which are affiliated with the
2 universities and colleges included in this Section as
3 employers. A department as defined in Section 14-103.04 is an
4 employer for any person appointed by the Governor under the
5 Civil Administrative Code of the State who is a participating
6 employee as defined in Section 15-109.
7 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.