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Sen. Iris Y. Martinez
Filed: 3/21/2007
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| AMENDMENT TO SENATE BILL 752
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| AMENDMENT NO. ______. Amend Senate Bill 752 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Employees Group Insurance Act of 1971 |
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| is amended by changing Sections 3, 6.9, and 6.10 as follows:
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| (5 ILCS 375/3) (from Ch. 127, par. 523)
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| Sec. 3. Definitions. Unless the context otherwise |
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| requires, the
following words and phrases as used in this Act |
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| shall have the following
meanings. The Department may define |
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| these and other words and phrases
separately for the purpose of |
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| implementing specific programs providing benefits
under this |
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| Act.
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| (a) "Administrative service organization" means any |
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| person, firm or
corporation experienced in the handling of |
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| claims which is
fully qualified, financially sound and capable |
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| of meeting the service
requirements of a contract of |
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| administration executed with the Department.
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| (b) "Annuitant" means (1) an employee who retires, or has |
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| retired,
on or after January 1, 1966 on an immediate annuity |
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| under the provisions
of Articles 2, 14 (including an employee |
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| who has elected to receive an alternative retirement |
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| cancellation payment under Section 14-108.5 of the Illinois |
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| Pension Code in lieu of an annuity), 15 (including an employee |
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| who has retired under the optional
retirement program |
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| established under Section 15-158.2),
paragraphs (2), (3), or |
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| (5) of Section 16-106, or
Article 18 of the Illinois Pension |
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| Code; (2) any person who was receiving
group insurance coverage |
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| under this Act as of March 31, 1978 by
reason of his status as |
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| an annuitant, even though the annuity in relation
to which such |
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| coverage was provided is a proportional annuity based on less
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| than the minimum period of service required for a retirement |
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| annuity in
the system involved; (3) any person not otherwise |
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| covered by this Act
who has retired as a participating member |
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| under Article 2 of the Illinois
Pension Code but is ineligible |
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| for the retirement annuity under Section
2-119 of the Illinois |
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| Pension Code; (4) the spouse of any person who
is receiving a |
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| retirement annuity under Article 18 of the Illinois Pension
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| Code and who is covered under a group health insurance program |
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| sponsored
by a governmental employer other than the State of |
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| Illinois and who has
irrevocably elected to waive his or her |
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| coverage under this Act and to have
his or her spouse |
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| considered as the "annuitant" under this Act and not as
a |
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| "dependent"; or (5) an employee who retires, or has retired, |
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| from a
qualified position, as determined according to rules |
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| promulgated by the
Director, under a qualified local |
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| government, a qualified rehabilitation
facility, a qualified |
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| domestic violence shelter or service, or a qualified child |
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| advocacy center. (For definition
of "retired employee", see (p) |
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| post).
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| (b-5) "New SERS annuitant" means a person who, on or after |
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| January 1,
1998, becomes an annuitant, as defined in subsection |
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| (b), by virtue of
beginning to receive a retirement annuity |
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| under Article 14 of the Illinois
Pension Code (including an |
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| employee who has elected to receive an alternative retirement |
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| cancellation payment under Section 14-108.5 of that Code in |
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| lieu of an annuity), and is eligible to participate in the |
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| basic program of group
health benefits provided for annuitants |
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| under this Act.
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| (b-6) "New SURS annuitant" means a person who (1) on or |
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| after January 1,
1998, becomes an annuitant, as defined in |
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| subsection (b), by virtue of
beginning to receive a retirement |
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| annuity under Article 15 of the Illinois
Pension Code, (2) has |
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| not made the election authorized under Section 15-135.1
of the |
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| Illinois Pension Code, and (3) is eligible to participate in |
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| the basic
program of group
health benefits provided for |
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| annuitants under this Act.
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| (b-7) "New TRS State annuitant" means a person who, on or |
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| after July
1, 1998, becomes an annuitant, as defined in |
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| subsection (b), by virtue of
beginning to receive a retirement |
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| annuity under Article 16 of the Illinois
Pension Code based on |
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| service as a teacher as defined in
paragraph (2), (3), or (5) |
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| of Section 16-106 of that Code, and is eligible
to participate |
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| in the basic program of group health benefits provided for
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| annuitants under this Act.
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| (c) "Carrier" means (1) an insurance company, a corporation |
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| organized
under the Limited Health Service Organization Act or |
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| the Voluntary Health
Services Plan Act, a partnership, or other |
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| nongovernmental organization,
which is authorized to do group |
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| life or group health insurance business in
Illinois, or (2) the |
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| State of Illinois as a self-insurer.
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| (d) "Compensation" means salary or wages payable on a |
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| regular
payroll by the State Treasurer on a warrant of the |
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| State Comptroller out
of any State, trust or federal fund, or |
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| by the Governor of the State
through a disbursing officer of |
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| the State out of a trust or out of
federal funds, or by any |
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| Department out of State, trust, federal or
other funds held by |
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| the State Treasurer or the Department, to any person
for |
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| personal services currently performed, and ordinary or |
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| accidental
disability benefits under Articles 2, 14, 15 |
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| (including ordinary or accidental
disability benefits under |
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| the optional retirement program established under
Section |
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| 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or |
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| Article 18 of the Illinois Pension Code, for disability
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| incurred after January 1, 1966, or benefits payable under the |
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| Workers'
Compensation or Occupational Diseases Act or benefits |
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| payable under a sick
pay plan established in accordance with |
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| Section 36 of the State Finance Act.
"Compensation" also means |
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| salary or wages paid to an employee of any
qualified local |
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| government, qualified rehabilitation facility,
qualified |
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| domestic violence shelter or service, or qualified child |
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| advocacy center.
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| (e) "Commission" means the State Employees Group Insurance |
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| Advisory
Commission authorized by this Act. Commencing July 1, |
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| 1984, "Commission"
as used in this Act means the Commission on |
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| Government Forecasting and Accountability as
established by |
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| the Legislative Commission Reorganization Act of 1984.
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| (f) "Contributory", when referred to as contributory |
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| coverage, shall
mean optional coverages or benefits elected by |
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| the member toward the cost of
which such member makes |
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| contribution, or which are funded in whole or in part
through |
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| the acceptance of a reduction in earnings or the foregoing of |
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| an
increase in earnings by an employee, as distinguished from |
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| noncontributory
coverage or benefits which are paid entirely by |
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| the State of Illinois
without reduction of the member's salary.
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| (g) "Department" means any department, institution, board,
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| commission, officer, court or any agency of the State |
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| government
receiving appropriations and having power to |
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| certify payrolls to the
Comptroller authorizing payments of |
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| salary and wages against such
appropriations as are made by the |
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| General Assembly from any State fund, or
against trust funds |
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| held by the State Treasurer and includes boards of
trustees of |
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| the retirement systems created by Articles 2, 14, 15, 16 and
18 |
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| of the Illinois Pension Code. "Department" also includes the |
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| Illinois
Comprehensive Health Insurance Board, the Board of |
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| Examiners established under
the Illinois Public Accounting |
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| Act, and the Illinois Finance Authority.
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| (h) "Dependent", when the term is used in the context of |
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| the health
and life plan, means a member's spouse and any |
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| unmarried child (1) from
birth to age 19 including an adopted |
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| child, a child who lives with the
member from the time of the |
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| filing of a petition for adoption until entry
of an order of |
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| adoption, a stepchild or recognized child who lives with the
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| member in a parent-child relationship, or a child who lives |
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| with the member
if such member is a court appointed guardian of |
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| the child, or (2)
age 19 to 23 enrolled as a full-time student |
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| in any accredited school,
financially dependent upon the |
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| member, and eligible to be claimed as a
dependent for income |
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| tax purposes, or (3) age 19 or over who is mentally
or |
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| physically handicapped. For the purposes of item (2), an |
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| unmarried child age 19 to 23 who is a member of the United |
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| States Armed Services, including the Illinois National Guard, |
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| and is mobilized to active duty shall qualify as a dependent |
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| beyond the age of 23 and until the age of 25 and while a |
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| full-time student for the amount of time spent on active duty |
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| between the ages of 19 and 23. The individual attempting to |
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| qualify for this additional time must submit written |
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| documentation of active duty service to the Director. The |
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| changes made by this amendatory Act of the 94th General |
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| Assembly apply only to individuals mobilized to active duty in |
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| the United States Armed Services, including the Illinois |
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| National Guard, on or after January 1, 2002. For
the health |
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| plan only, the term "dependent" also includes any person
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| enrolled prior to the effective date of this Section who is |
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| dependent upon
the member to the extent that the member may |
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| claim such person as a
dependent for income tax deduction |
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| purposes; no other such
person may be enrolled.
For the health |
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| plan only, the term "dependent" also includes any person who
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| has received after June 30, 2000 an organ transplant and who is |
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| financially
dependent upon the member and eligible to be |
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| claimed as a dependent for income
tax purposes.
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| (i) "Director" means the Director of the Illinois |
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| Department of Central
Management Services.
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| (j) "Eligibility period" means the period of time a member |
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| has to
elect enrollment in programs or to select benefits |
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| without regard to
age, sex or health.
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| (k) "Employee" means and includes each officer or employee |
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| in the
service of a department who (1) receives his |
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| compensation for
service rendered to the department on a |
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| warrant issued pursuant to a payroll
certified by a department |
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| or on a warrant or check issued and drawn by a
department upon |
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| a trust, federal or other fund or on a warrant issued
pursuant |
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| to a payroll certified by an elected or duly appointed officer
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| of the State or who receives payment of the performance of |
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| personal
services on a warrant issued pursuant to a payroll |
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| certified by a
Department and drawn by the Comptroller upon the |
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| State Treasurer against
appropriations made by the General |
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| Assembly from any fund or against
trust funds held by the State |
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| Treasurer, and (2) is employed full-time or
part-time in a |
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| position normally requiring actual performance of duty
during |
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| not less than 1/2 of a normal work period, as established by |
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| the
Director in cooperation with each department, except that |
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| persons elected
by popular vote will be considered employees |
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| during the entire
term for which they are elected regardless of |
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| hours devoted to the
service of the State, and (3) except that |
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| "employee" does not include any
person who is not eligible by |
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| reason of such person's employment to
participate in one of the |
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| State retirement systems under Articles 2, 14, 15
(either the |
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| regular Article 15 system or the optional retirement program
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| established under Section 15-158.2) or 18, or under paragraph |
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| (2), (3), or
(5) of Section 16-106, of the Illinois
Pension |
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| Code, but such term does include persons who are employed |
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| during
the 6 month qualifying period under Article 14 of the |
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| Illinois Pension
Code. Such term also includes any person who |
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| (1) after January 1, 1966,
is receiving ordinary or accidental |
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| disability benefits under Articles
2, 14, 15 (including |
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| ordinary or accidental disability benefits under the
optional |
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| retirement program established under Section 15-158.2), |
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| paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of |
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| the
Illinois Pension Code, for disability incurred after |
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| January 1, 1966, (2)
receives total permanent or total |
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| temporary disability under the Workers'
Compensation Act or |
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| Occupational Disease Act as a result of injuries
sustained or |
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| illness contracted in the course of employment with the
State |
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| of Illinois, or (3) is not otherwise covered under this Act and |
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| has
retired as a participating member under Article 2 of the |
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| Illinois Pension
Code but is ineligible for the retirement |
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| annuity under Section 2-119 of
the Illinois Pension Code. |
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| However, a person who satisfies the criteria
of the foregoing |
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| definition of "employee" except that such person is made
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| ineligible to participate in the State Universities Retirement |
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| System by
clause (4) of subsection (a) of Section 15-107 of the |
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| Illinois Pension
Code is also an "employee" for the purposes of |
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| this Act. "Employee" also
includes any person receiving or |
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| eligible for benefits under a sick pay
plan established in |
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| accordance with Section 36 of the State Finance Act.
"Employee" |
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| also includes (i) each officer or employee in the service of a
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| qualified local government, including persons appointed as |
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| trustees of
sanitary districts regardless of hours devoted to |
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| the service of the
sanitary district, (ii) each employee in the |
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| service of a qualified
rehabilitation facility, (iii) each |
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| full-time employee in the service of a
qualified domestic |
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| violence shelter or service, and (iv) each full-time employee |
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| in the service of a qualified child advocacy center, as |
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| determined according to
rules promulgated by the Director.
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| (l) "Member" means an employee, annuitant, retired |
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| employee or survivor.
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| (m) "Optional coverages or benefits" means those coverages |
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| or
benefits available to the member on his or her voluntary |
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| election, and at
his or her own expense.
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| (n) "Program" means the group life insurance, health |
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| benefits and other
employee benefits designed and contracted |
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| for by the Director under this Act.
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| (o) "Health plan" means a health benefits
program offered
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| by the State of Illinois for persons eligible for the plan.
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| (p) "Retired employee" means any person who would be an |
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| annuitant as
that term is defined herein but for the fact that |
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| such person retired prior to
January 1, 1966. Such term also |
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| includes any person formerly employed by
the University of |
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| Illinois in the Cooperative Extension Service who would
be an |
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| annuitant but for the fact that such person was made ineligible |
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| to
participate in the State Universities Retirement System by |
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| clause (4) of
subsection (a) of Section 15-107 of the Illinois
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| Pension Code.
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| (q) "Survivor" means a person receiving an annuity as a |
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| survivor of an
employee or of an annuitant. "Survivor" also |
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| includes: (1) the surviving
dependent of a person who satisfies |
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| the definition of "employee" except that
such person is made |
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| ineligible to participate in the State Universities
Retirement |
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| System by clause (4) of subsection (a)
of Section 15-107 of the |
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| Illinois Pension Code; (2) the surviving
dependent of any |
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| person formerly employed by the University of Illinois in
the |
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| Cooperative Extension Service who would be an annuitant except |
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| for the
fact that such person was made ineligible to |
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| participate in the State
Universities Retirement System by |
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| clause (4) of subsection (a) of Section
15-107 of the Illinois |
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| Pension Code; and (3) the surviving dependent of a person who |
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| was an annuitant under this Act by virtue of receiving an |
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| alternative retirement cancellation payment under Section |
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| 14-108.5 of the Illinois Pension Code.
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| (q-2) "SERS" means the State Employees' Retirement System |
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| of Illinois, created under Article 14 of the Illinois Pension |
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| Code.
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| (q-3) "SURS" means the State Universities Retirement |
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| System, created under Article 15 of the Illinois Pension Code.
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| (q-4) "TRS" means the Teachers' Retirement System of the |
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| State of Illinois, created under Article 16 of the Illinois |
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| Pension Code.
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| (q-5) "New SERS survivor" means a survivor, as defined in |
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| subsection (q),
whose annuity is paid under Article 14 of the |
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| Illinois Pension Code and is
based on the death of (i) an |
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| employee whose death occurs on or after January 1,
1998, or |
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| (ii) a new SERS annuitant as defined in subsection (b-5). "New |
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| SERS survivor" includes the surviving dependent of a person who |
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| was an annuitant under this Act by virtue of receiving an |
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| alternative retirement cancellation payment under Section |
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| 14-108.5 of the Illinois Pension Code.
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| (q-6) "New SURS survivor" means a survivor, as defined in |
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| subsection (q),
whose annuity is paid under Article 15 of the |
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| Illinois Pension Code and is
based on the death of (i) an |
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| employee whose death occurs on or after January 1,
1998, or |
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| (ii) a new SURS annuitant as defined in subsection (b-6).
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| (q-7) "New TRS State survivor" means a survivor, as defined |
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| in subsection
(q), whose annuity is paid under Article 16 of |
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| the Illinois Pension Code and is
based on the death of (i) an |
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| employee who is a teacher as defined in paragraph
(2), (3), or |
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| (5) of Section 16-106 of that Code and whose death occurs on or
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| after July 1, 1998, or (ii) a new TRS State annuitant as |
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| defined in subsection
(b-7).
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| (r) "Medical services" means the services provided within |
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| the scope
of their licenses by practitioners in all categories |
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| licensed under the
Medical Practice Act of 1987.
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| (s) "Unit of local government" means any county, |
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| municipality,
township, school district (including a |
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| combination of school districts under
the Intergovernmental |
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| Cooperation Act), special district or other unit,
designated as |
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| a
unit of local government by law, which exercises limited |
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| governmental
powers or powers in respect to limited |
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| governmental subjects, any
not-for-profit association with a |
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| membership that primarily includes
townships and township |
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| officials, that has duties that include provision of
research |
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| service, dissemination of information, and other acts for the
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| purpose of improving township government, and that is funded |
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| wholly or
partly in accordance with Section 85-15 of the |
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| Township Code; any
not-for-profit corporation or association, |
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| with a membership consisting
primarily of municipalities, that |
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| operates its own utility system, and
provides research, |
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| training, dissemination of information, or other acts to
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| promote cooperation between and among municipalities that |
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| provide utility
services and for the advancement of the goals |
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| and purposes of its
membership;
the Southern Illinois |
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| Collegiate Common Market, which is a consortium of higher
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| education institutions in Southern Illinois; the Illinois |
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| Association of
Park Districts; and any hospital provider that |
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| is owned by a county that has 100 or fewer hospital beds and |
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| has not already joined the program. "Qualified
local |
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| government" means a unit of local government approved by the |
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| Director and
participating in a program created under |
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| subsection (i) of Section 10 of this
Act.
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| (t) "Qualified rehabilitation facility" means any |
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| not-for-profit
organization that is accredited by the |
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| Commission on Accreditation of
Rehabilitation Facilities or |
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| certified by the Department
of Human Services (as successor to |
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| the Department of Mental Health
and Developmental |
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| Disabilities) to provide services to persons with
disabilities
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| and which receives funds from the State of Illinois for |
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| providing those
services, approved by the Director and |
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| participating in a program created
under subsection (j) of |
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| Section 10 of this Act.
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| (u) "Qualified domestic violence shelter or service" means |
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| any Illinois
domestic violence shelter or service and its |
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| administrative offices funded
by the Department of Human |
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| Services (as successor to the Illinois Department of
Public |
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| Aid),
approved by the Director and
participating in a program |
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| created under subsection (k) of Section 10.
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| (v) "TRS benefit recipient" means a person who:
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| (1) is not a "member" as defined in this Section; and
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| (2) is receiving a monthly benefit or retirement |
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| annuity
under Article 16 of the Illinois Pension Code; and
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| (3) either (i) has at least 8 years of creditable |
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| service under Article
16 of the Illinois Pension Code, or |
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| (ii) was enrolled in the health insurance
program offered |
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| under that Article on January 1, 1996, or (iii) is the |
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| survivor
of a benefit recipient who had at least 8
years of |
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| creditable service under Article 16 of the Illinois Pension |
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| Code or
was enrolled in the health insurance program |
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| offered under that Article on
the effective date of this |
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| amendatory Act of 1995, or (iv) is a recipient or
survivor |
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| of a recipient of a disability benefit under Article 16 of |
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| the
Illinois Pension Code.
|
22 |
| (w) "TRS dependent beneficiary" means a person who:
|
23 |
| (1) is not a "member" or "dependent" as defined in this |
24 |
| Section; and
|
25 |
| (2) is a TRS benefit recipient's: (A) spouse, (B) |
26 |
| dependent parent who
is receiving at least half of his or |
|
|
|
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LRB095 05389 JAM 33985 a |
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|
1 |
| her support from the TRS benefit
recipient, or (C) |
2 |
| unmarried natural or adopted child who is (i) under age
19, |
3 |
| or (ii) enrolled as a full-time student in
an accredited |
4 |
| school, financially dependent upon the TRS benefit |
5 |
| recipient,
eligible to be claimed as a dependent for income |
6 |
| tax
purposes, and
either is under age 24 or was, on January |
7 |
| 1, 1996, participating as a dependent
beneficiary in the |
8 |
| health insurance program offered under Article 16 of the
|
9 |
| Illinois Pension Code, or (iii) age 19 or over who is |
10 |
| mentally or physically
handicapped.
|
11 |
| (x) "Military leave with pay and benefits" refers to |
12 |
| individuals in basic
training for reserves, special/advanced |
13 |
| training, annual training, emergency
call up, or activation by |
14 |
| the President of the United States with approved pay
and |
15 |
| benefits.
|
16 |
| (y) "Military leave without pay and benefits" refers to
|
17 |
| individuals who enlist for active duty in a regular component |
18 |
| of the U.S. Armed
Forces or other duty not specified or |
19 |
| authorized under military leave with pay
and benefits.
|
20 |
| (z) "Community college benefit recipient" means a person |
21 |
| who:
|
22 |
| (1) is not a "member" as defined in this Section; and
|
23 |
| (2) is receiving a monthly survivor's annuity or |
24 |
| retirement annuity
under Article 15 of the Illinois Pension |
25 |
| Code; and
|
26 |
| (3) either (i) was a full-time employee of a community |
|
|
|
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|
|
1 |
| college district or
an association of community college |
2 |
| boards created under the Public Community
College Act |
3 |
| (other than an employee whose last employer under Article |
4 |
| 15 of the
Illinois Pension Code was a community college |
5 |
| district subject to Article VII
of the Public Community |
6 |
| College Act) and was eligible to participate in a group
|
7 |
| health benefit plan as an employee during the time of |
8 |
| employment with a
community college district (other than a |
9 |
| community college district subject to
Article VII of the |
10 |
| Public Community College Act) or an association of |
11 |
| community
college boards, or (ii) is the survivor of a |
12 |
| person described in item (i).
|
13 |
| (aa) "Community college dependent beneficiary" means a |
14 |
| person who:
|
15 |
| (1) is not a "member" or "dependent" as defined in this |
16 |
| Section; and
|
17 |
| (2) is a community college benefit recipient's: (A) |
18 |
| spouse, (B) dependent
parent who is receiving at least half |
19 |
| of his or her support from the community
college benefit |
20 |
| recipient, or (C) unmarried natural or adopted child who is |
21 |
| (i)
under age 19, or (ii) enrolled as a full-time student |
22 |
| in an accredited school,
financially dependent upon the |
23 |
| community college benefit recipient, eligible
to be |
24 |
| claimed as a dependent for income tax purposes and under |
25 |
| age 23, or (iii)
age 19 or over and mentally or physically |
26 |
| handicapped.
|
|
|
|
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|
1 |
| (bb) "Qualified child advocacy center" means any Illinois |
2 |
| child advocacy center and its administrative offices funded by |
3 |
| the Department of Children and Family Services, as defined by |
4 |
| the Children's Advocacy Center Act (55 ILCS 80/), approved by |
5 |
| the Director and participating in a program created under |
6 |
| subsection (n) of Section 10.
|
7 |
| (Source: P.A. 93-205, eff. 1-1-04; 93-839, eff. 7-30-04; |
8 |
| 93-1067, eff. 1-15-05; 94-32, eff. 6-15-05; 94-82, eff. 1-1-06; |
9 |
| 94-860, eff. 6-16-06; revised 8-3-06.)
|
10 |
| (5 ILCS 375/6.9)
|
11 |
| Sec. 6.9. Health benefits for community college benefit |
12 |
| recipients and
community college dependent beneficiaries.
|
13 |
| (a) Purpose. It is the purpose of this amendatory Act of |
14 |
| 1997 to establish
a uniform program of health benefits for |
15 |
| community college benefit recipients
and their dependent |
16 |
| beneficiaries under the administration of the Department of
|
17 |
| Central Management Services.
|
18 |
| (b) Creation of program. Beginning July 1, 1999, the |
19 |
| Department of
Central Management Services shall be responsible |
20 |
| for administering a program of
health benefits for community |
21 |
| college benefit recipients and community college
dependent |
22 |
| beneficiaries under this Section. The State Universities |
23 |
| Retirement
System and the boards of trustees of the various |
24 |
| community college districts
shall cooperate with the |
25 |
| Department in this endeavor.
|
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
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|
1 |
| (c) Eligibility. All community college benefit recipients |
2 |
| and community
college dependent beneficiaries shall be |
3 |
| eligible to participate in the program
established under this |
4 |
| Section, without any interruption or delay in coverage
or |
5 |
| limitation as to pre-existing medical conditions. Eligibility |
6 |
| to
participate shall be determined by the State Universities |
7 |
| Retirement System.
Eligibility information shall be |
8 |
| communicated to the Department of Central
Management Services |
9 |
| in a format acceptable to the Department.
|
10 |
| (d) Coverage. The health benefit coverage provided under |
11 |
| this Section
shall be a program of health, dental, and vision |
12 |
| benefits.
|
13 |
| The program of health benefits under this Section may |
14 |
| include any or all of
the benefit limitations, including but |
15 |
| not limited to a reduction in benefits
based on eligibility for |
16 |
| federal medicare benefits, that are provided under
subsection |
17 |
| (a) of Section 6 of this Act for other health benefit programs |
18 |
| under
this Act.
|
19 |
| (e) Insurance rates and premiums. The Director shall |
20 |
| determine the
insurance rates and premiums for community |
21 |
| college benefit recipients and
community college dependent |
22 |
| beneficiaries. Rates and premiums may be based
in part on age |
23 |
| and eligibility for federal Medicare coverage.
The Director |
24 |
| shall also determine premiums that will allow for the
|
25 |
| establishment of an actuarially sound reserve for this program.
|
26 |
| The cost of health benefits under the program shall be paid |
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
|
|
1 |
| as follows:
|
2 |
| (1) For a community college benefit recipient, up to |
3 |
| 75% of the total
insurance rate shall be paid from the |
4 |
| Community College Health Insurance
Security Fund.
|
5 |
| (2) The balance of the rate of insurance, including the |
6 |
| entire premium
for any coverage for community college |
7 |
| dependent beneficiaries that has been
elected, shall be |
8 |
| paid by deductions authorized by the community college
|
9 |
| benefit recipient to be withheld from his or her monthly |
10 |
| annuity or benefit
payment from the State Universities |
11 |
| Retirement System; except that (i) if the
balance of the |
12 |
| cost of coverage exceeds the amount of the monthly annuity |
13 |
| or
benefit payment, the difference shall be paid directly |
14 |
| to the State
Universities Retirement System by the |
15 |
| community college benefit recipient, and
(ii) all or part |
16 |
| of the balance of the cost of coverage may, at the option |
17 |
| of
the board of trustees of the community college district, |
18 |
| be paid to
the State Universities Retirement System by the |
19 |
| board of the community college
district from which the |
20 |
| community college benefit recipient retired. The State
|
21 |
| Universities Retirement System shall promptly deposit all |
22 |
| moneys withheld by or
paid to it under this subdivision |
23 |
| (e)(2) into the Community College Health
Insurance |
24 |
| Security Fund. These moneys shall not be considered assets |
25 |
| of the
State Universities Retirement System.
|
26 |
| (f) Financing. All revenues arising from the |
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
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|
1 |
| administration of the health
benefit program established under |
2 |
| this Section shall be deposited into the
Community College |
3 |
| Health Insurance Security Fund, which is hereby created as a
|
4 |
| nonappropriated trust fund to be held outside the State |
5 |
| Treasury, with the
State Treasurer as custodian. Any interest |
6 |
| earned on moneys in the Community
College Health Insurance |
7 |
| Security Fund shall be deposited into the Fund.
|
8 |
| Moneys in the Community College Health Insurance Security |
9 |
| Fund shall be used
only to pay the costs of the health benefit |
10 |
| program established under this
Section, including associated |
11 |
| administrative costs and the establishment of a
program |
12 |
| reserve. Beginning January 1, 1999,
the Department of Central |
13 |
| Management Services may make expenditures from the
Community |
14 |
| College Health Insurance Security Fund for those costs.
|
15 |
| (g) Contract for benefits. The Director shall by contract, |
16 |
| self-insurance,
or otherwise make available the program of |
17 |
| health benefits for community
college benefit recipients and |
18 |
| their community college dependent beneficiaries
that is |
19 |
| provided for in this Section. The contract or other arrangement |
20 |
| for
the provision of these health benefits shall be on terms |
21 |
| deemed by the Director
to be in the best interest of the State |
22 |
| of Illinois and the community college
benefit recipients based |
23 |
| on, but not limited to, such criteria as
administrative cost, |
24 |
| service capabilities of the carrier or other contractor,
and |
25 |
| the costs of the benefits.
|
26 |
| (h) Continuation of program. It is the intention of the |
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
|
|
1 |
| General Assembly
that the program of health benefits provided |
2 |
| under this Section be maintained
on an ongoing, affordable |
3 |
| basis. The program of health benefits provided under
this |
4 |
| Section may be amended by the State and is not intended to be a |
5 |
| pension or
retirement benefit subject to protection under |
6 |
| Article XIII, Section 5 of the
Illinois Constitution.
|
7 |
| (i) Other health benefit plans. A health benefit plan |
8 |
| provided by a
community college district (other than a |
9 |
| community college district subject to
Article VII of the Public |
10 |
| Community College Act) under the terms of a
collective |
11 |
| bargaining agreement in effect on or prior to the effective |
12 |
| date of
this amendatory Act of 1997 (or July 1, 2007 with |
13 |
| respect to a community college district subject to Article VII |
14 |
| of the Public Community College Act) shall continue in force |
15 |
| according to the terms of
that agreement, unless otherwise |
16 |
| mutually agreed by the parties to that
agreement and the |
17 |
| affected retiree.
A community college benefit recipient or |
18 |
| community college dependent
beneficiary whose coverage under |
19 |
| such a plan expires shall be eligible to begin
participating in |
20 |
| the program established under this Section without any
|
21 |
| interruption or delay in coverage or limitation as to |
22 |
| pre-existing medical
conditions.
|
23 |
| This Act does not prohibit any community college district |
24 |
| from offering
additional health benefits for its retirees or |
25 |
| their dependents or survivors.
|
26 |
| (Source: P.A. 90-497, eff. 8-18-97; 90-655, eff. 7-30-98.)
|
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
|
|
1 |
| (5 ILCS 375/6.10)
|
2 |
| Sec. 6.10. Contributions to the Community College Health |
3 |
| Insurance
Security Fund.
|
4 |
| (a) Beginning January 1, 1999, (or July 1, 2007 with |
5 |
| respect to a community college district subject to Article VII |
6 |
| of the Public Community College Act), every active contributor |
7 |
| of the State
Universities Retirement System (established under |
8 |
| Article 15 of the Illinois
Pension Code) who (1) is a full-time |
9 |
| employee of a community college district
(other than a |
10 |
| community college district subject to Article VII of the Public
|
11 |
| Community College Act)
or an association of community college |
12 |
| boards and (2) is not an employee as
defined in Section 3 of |
13 |
| this Act shall make contributions toward the cost of
community |
14 |
| college annuitant and survivor health benefits at the rate of |
15 |
| 0.50%
of salary.
|
16 |
| These contributions shall be deducted by the employer and |
17 |
| paid to the State
Universities Retirement System as service |
18 |
| agent for the Department of Central
Management Services. The |
19 |
| System may use the same processes for collecting the
|
20 |
| contributions required by this subsection that it uses to |
21 |
| collect the
contributions received from those employees under |
22 |
| Section 15-157 of the
Illinois Pension Code. An employer may |
23 |
| agree to pick up or pay the
contributions required under this |
24 |
| subsection on behalf of the employee;
such contributions shall |
25 |
| be deemed to have been paid by the employee.
|
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
|
|
1 |
| The State Universities Retirement System shall promptly |
2 |
| deposit all moneys
collected under this subsection (a) into the |
3 |
| Community College Health Insurance
Security Fund created in |
4 |
| Section 6.9 of this Act. The moneys collected under
this |
5 |
| Section shall be used only for the purposes authorized in |
6 |
| Section 6.9 of
this Act and shall not be considered to be |
7 |
| assets of the State Universities
Retirement System. |
8 |
| Contributions made under this Section are not transferable
to |
9 |
| other pension funds or retirement systems and are not |
10 |
| refundable upon
termination of service.
|
11 |
| (b) Beginning January 1, 1999, (or July 1, 2007 with |
12 |
| respect to a community college district subject to Article VII |
13 |
| of the Public Community College Act), every community college |
14 |
| district
(other than a community college district subject to |
15 |
| Article VII of the Public
Community College Act) or association
|
16 |
| of community college boards that is an employer under the State |
17 |
| Universities
Retirement System shall contribute toward the |
18 |
| cost of the community college
health benefits provided under |
19 |
| Section 6.9 of this Act an amount equal to 0.50%
of the salary |
20 |
| paid to its full-time employees who participate in the State
|
21 |
| Universities Retirement System and are not members as defined |
22 |
| in Section 3 of
this Act.
|
23 |
| These contributions shall be paid by the employer to the |
24 |
| State Universities
Retirement System as service agent for the |
25 |
| Department of Central Management
Services. The System may use |
26 |
| the same processes for collecting the
contributions required by |
|
|
|
09500SB0752sam001 |
- 24 - |
LRB095 05389 JAM 33985 a |
|
|
1 |
| this subsection that it uses to collect the
contributions |
2 |
| received from those employers under Section 15-155 of the
|
3 |
| Illinois Pension Code.
|
4 |
| The State Universities Retirement System shall promptly |
5 |
| deposit all moneys
collected under this subsection (b) into the |
6 |
| Community College Health Insurance
Security Fund created in |
7 |
| Section 6.9 of this Act. The moneys collected under
this |
8 |
| Section shall be used only for the purposes authorized in |
9 |
| Section 6.9 of
this Act and shall not be considered to be |
10 |
| assets of the State Universities
Retirement System. |
11 |
| Contributions made under this Section are not transferable
to |
12 |
| other pension funds or retirement systems and are not |
13 |
| refundable upon
termination of service.
|
14 |
| (c) On or before November 15 of each year, the Board of |
15 |
| Trustees of the
State Universities Retirement System shall |
16 |
| certify to the Governor, the
Director of Central Management |
17 |
| Services, and the State
Comptroller its estimate of the total |
18 |
| amount of contributions to be paid under
subsection (a) of this |
19 |
| Section for the next fiscal year. Beginning in fiscal year |
20 |
| 2008, the amount certified shall be decreased or increased each |
21 |
| year by the amount that the actual active employee |
22 |
| contributions either fell short of or exceeded the estimate |
23 |
| used by the Board in making the certification for the previous |
24 |
| fiscal year. The State Universities Retirement System shall |
25 |
| calculate the amount of actual active employee contributions in |
26 |
| fiscal years 1999 through 2005. Based upon this calculation, |
|
|
|
09500SB0752sam001 |
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LRB095 05389 JAM 33985 a |
|
|
1 |
| the fiscal year 2008 certification shall include an amount |
2 |
| equal to the cumulative amount that the actual active employee |
3 |
| contributions either fell short of or exceeded the estimate |
4 |
| used by the Board in making the certification for those fiscal |
5 |
| years. The certification
shall include a detailed explanation |
6 |
| of the methods and information that the
Board relied upon in |
7 |
| preparing its estimate. As soon as possible after the
effective |
8 |
| date of this Section, the Board shall submit its estimate for |
9 |
| fiscal
year 1999.
|
10 |
| (d) Beginning in fiscal year 1999, on the first day of each |
11 |
| month, or as
soon thereafter as may be practical, the State |
12 |
| Treasurer and the State
Comptroller shall transfer from the |
13 |
| General Revenue Fund to the Community
College Health Insurance |
14 |
| Security Fund 1/12 of the annual amount appropriated
for that |
15 |
| fiscal year to the State Comptroller for deposit into the |
16 |
| Community
College Health Insurance Security Fund under Section |
17 |
| 1.4 of the State Pension
Funds Continuing Appropriation Act.
|
18 |
| (e) Except where otherwise specified in this Section, the |
19 |
| definitions
that apply to Article 15 of the Illinois Pension |
20 |
| Code apply to this Section.
|
21 |
| (Source: P.A. 94-839, eff. 6-6-06.)
|
22 |
| Section 99. Effective date. This Act takes effect July 1, |
23 |
| 2007.".
|