ADMINISTRATIVE CODE

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
PART 331 BACK WAGE CLAIM ADMINISTRATION

Section 331.1 Definitions

Section 331.5 Entitlement

Section 331.7 Basis for Back Wage Claim

Section 331.10 Application

Section 331.20 Timeliness

Section 331.30 Mitigation

Section 331.35 Withholding

Section 331.40 Claim Approval

Section 331.45 Claim Disposition

Section 331.46 Notice of Dismissal

Section 331.48 Duplicate Claims

Section 331.50 Limit of Liability

Section 331.60 Funding

Section 331.70 Payment

Section 331.80 Waiver

Section 331.90 Appeal

Section 331.100 Interpretation and Application of this Part

Section 331.1 Definitions

For purposes of this Part, the following terms shall have the meaning given below unless the context clearly requires otherwise:

"Chief Officer": The appointed or elected head of any constitutional office, department, agency, board or commission separately funded by appropriations of the General Assembly or the duly authorized designee of such Chief Officer;

"Day": Calendar day;

"Department": The Department of Central Management Services;

"Director": The Director of Central Management Services;

"Employee": Any regular officer or employee who receives salary or wages for personal services rendered to the State of Illinois;

"Fiscal Year": Any 12-month period beginning July 1 and ending the following June 30 or any 12-month period designated by the Illinois General Assembly for purpose of appropriations;

"Operating Agency": The organizational entity headed by a Chief Officer.

Section 331.5 Entitlement

Any employee of the State of Illinois who has reason to believe that he or she is owed back wages from a prior fiscal year is entitled to file a claim for such back wages with the Director of Central Management Services. For purposes of this Section, entitlement is retained by an individual who for any reason leaves State service subsequent to the events giving rise to the entitlement. Entitlement also accrues to the estate of a deceased employee. Any claim less than $1.00 shall be considered de minimis and such claim shall be dismissed from this proceeding.

Section 331.7 Basis for Back Wage Claim

Any claim for back wages shall be based on one or more of the following final settlements or judgments:

a) a grievance decision at any step, including arbitration;

b) a decision, direction or finding by any administrative tribunal;

c) a finding, decision or order by any court of competent jurisdiction; or,

d) a settlement as a part of or result of any adjudicatory, trial or appellate process pursuant to law.

Section 331.10 Application

Any claim for back wages shall be made to the Department on a form it shall provide. A xerographic or computer-generated form shall be acceptable. Such claim shall be filed with the Department by the employee, the employee's certified collective bargaining representative or the employee's attorney. The Director shall accept group or multiple claims where such claims arise from the same event or involve common issues.

Section 331.20 Timeliness

Any claim for back wages shall be received in the Department not later than 365 days after the occurrence of the action provided in Section 331.7 giving rise to or creating the authorization for the claim, except that any claim pending before another forum on January 31, 1986, shall be exempt from such requirement.

Section 331.30 Mitigation

Any claim for back wages shall be reduced by the operating agency by the amount of money the employee received as wages, unemployment benefits or public assistance from any source during the period claimed for back wages.

Section 331.35 Withholding

Any claim payment made by the Director shall be subject to all wage withholding provisions.

Section 331.40 Claim Approval

The Director shall obtain written certification by the chief officer of the employing agency that: the claim is valid; the amount claimed is proper and mitigated under Section 331.30 if appropriate; and the fiscal year and its lapse period for the period of back wages claimed have expired. Upon receipt of such certification, if the Attorney General filed an appearance in the proceeding concerning the wage claim settlement or judgement, the Director shall seek and obtain written certification by the Attorney General of the validity of the claim. No claim shall be paid in the absence of such certification by the Chief Officer and/or the Attorney General.

(Source: Amended at 24 Ill. Reg. 16649, effective October 27, 2000)

Section 331.45 Claim Disposition

The Director shall dispose of each claim by:

a) authorizing payment;

b) notifying employee of amount payable as determined by the operating agency if different from the amount claimed; or,

c) dismissing the claim without payment.

Section 331.46 Notice of Dismissal

In event the Director dismisses a claim for failure to meet the requirements of Section 331.40 or 331.48, the Director shall notify the claimant by certified mail, return receipt requested, of the dismissal and the basis for such dismissal within 30 days of such finding.

Section 331.48 Duplicate Claims

The Director shall not authorize payment for any claim which duplicates a prior claim or payment made by any other jurisdiction. If an employee seeks payment from any other jurisdiction during the pendency of a claim in the Department, the Director shall dismiss the claim as provided in Section 331.45.

Section 331.50 Limit of Liability

The Director shall not pay more than $150,000 to any claimant for any single claim in one fiscal year nor more than $150,000 in aggregate to any individual claimant in a fiscal year.

Section 331.60 Funding

In event valid claims in any fiscal year exceed the amount appropriated for that year, the Department shall continue to receive claims, holding them until funds are available for such payments. The Director shall notify each claimant of the lack of funds and the holding of the claim pending the availability of funds. Claims so deferred shall be paid when funds are available in the order the claims were approved for payment.

Section 331.70 Payment

The Director shall forward by regular mail the warrant drawn in payment of a claim to the claimant in care of the claimant's representative, if any, or to the claimant. The claimant shall be responsible for providing the Department with her or his correct address.

(Source: Amended at 24 Ill. Reg. 16649, effective October 27, 2000)

Section 331.80 Waiver

The Director shall apprise a claimant of the amount determined by the operating agency to be appropriate for a claim if different than the amount claimed. The employee shall be provided an opportunity to waive the amount originally claimed in favor of the amount determined appropriate or to file an amended claim prior to final disposition of the claim. Failure to waive the amount requested or to file an amended claim within 30 days of receipt of such notice shall be cause for the Director to dismiss the claim in accordance with Section 331.45.

Section 331.90 Appeal

An employee who does not accept disposition of a claim by the Department is entitled to file such claim in the Court of Claims. Such disposition is not grievable nor appealable. Disposition by the Director does not constitute a final administrative decision for purposes of Article III of the Administrative Review Law (Ill. Rev. Stat. 1983, ch. 110, pars. 3-101 et seq.).

Section 331.100 Interpretation and Application of this Part

The Director shall determine the proper interpretation and application of this Part. Such interpretation and application shall not impede the authority of any entity subject to these rules to administer wage and salary programs, to administer dispute resolution programs, to enter into collective bargaining agreements, or to perform any other act pursuant to its enabling authority. The decision of the Director as to the proper interpretation or application of any provision of this Part shall be final and binding upon all parties affected thereby unless or until modified by competent jurisdiction. Each State agency, whether or not subject to the Personnel Code (Ill. Rev. Stat. 1983, ch. 127, pars. 63b101 et seq.), shall comply with the decision of the Director in the absence of a written opinion of the Attorney General or a finding of competent jurisdiction that such decision is unlawful.