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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Executive Order 1 (2012) Implementation Act. | ||||||
6 | Section 5. Effect. This Act, including all of the | ||||||
7 | amendatory provisions of this Act, implements and supersedes | ||||||
8 | Executive Order 1 (2012). | ||||||
9 | Section 10. Revocation of Executive Order 3 (2005). On the | ||||||
10 | date 6 months after the effective date of this Act, Executive | ||||||
11 | Order 3 (2005) is revoked and rescinded with the exception of | ||||||
12 | Section I (renaming the Department of Public Aid as the | ||||||
13 | Department of Healthcare and Family Services), which remains in | ||||||
14 | effect. | ||||||
15 | Section 15. Transfer back of State healthcare purchasing | ||||||
16 | functions transferred by Executive Order 3 (2005). | ||||||
17 | (a) On the date 6 months after the effective date of this | ||||||
18 | Act or as soon thereafter as practical, all of the powers, | ||||||
19 | duties, rights, and responsibilities related to State | ||||||
20 | healthcare purchasing that were transferred from the | ||||||
21 | Department of Central Management Services, the Department of |
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1 | Corrections, the Department of Human Services, and the | ||||||
2 | Department of Veterans' Affairs to the Department of Healthcare | ||||||
3 | and Family Services by Executive Order 3 (2005) are transferred | ||||||
4 | back to the Departments from which those powers, duties, | ||||||
5 | rights, and responsibilities were transferred; however, | ||||||
6 | powers, duties, rights, and responsibilities related to State | ||||||
7 | healthcare purchasing that were exercised by the Department of | ||||||
8 | Corrections before the effective date of Executive Order 3 | ||||||
9 | (2005) but that pertain to individuals resident in facilities | ||||||
10 | operated by the Department of Juvenile Justice are transferred | ||||||
11 | to the Department of Juvenile Justice. | ||||||
12 | (b) The functions associated with State healthcare | ||||||
13 | purchasing that are transferred from the Department of | ||||||
14 | Healthcare and Family Services under this Section include, | ||||||
15 | without limitation, the following: | ||||||
16 | (1) Rate development and negotiation with hospitals, | ||||||
17 | physicians, and managed care providers. | ||||||
18 | (2) Health care procurement development. | ||||||
19 | (3) Contract implementation and fiscal monitoring. | ||||||
20 | (4) Contract amendments. | ||||||
21 | (5) Payment processing. | ||||||
22 | (6) Purchasing aspects of health care plans | ||||||
23 | administered by the State on behalf of the following: | ||||||
24 | (A) State employees. These healthcare purchasing | ||||||
25 | functions include the following health care plans: | ||||||
26 | quality care health plan; managed care health plan; |
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1 | vision plan; pharmacy benefits plan; dental plan; | ||||||
2 | behavioral health plan; employee assistance plan; | ||||||
3 | utilization management plan; and SHIPs and various | ||||||
4 | subrogation agreements. These healthcare purchasing | ||||||
5 | functions also include the purchasing and | ||||||
6 | administration of flu shots, hepatitis B vaccinations, | ||||||
7 | and tuberculosis tests. | ||||||
8 | (B) Persons other than State employees. These | ||||||
9 | healthcare purchasing functions include the following | ||||||
10 | health care plans: the retired teachers' health | ||||||
11 | insurance plan under the State Employees Group | ||||||
12 | Insurance Act of 1971; the local government health | ||||||
13 | insurance plan under the State Employees Group | ||||||
14 | Insurance Act of 1971; the community colleges health | ||||||
15 | insurance plan under the State Employees Group | ||||||
16 | Insurance Act of 1971; the active teacher prescription | ||||||
17 | program; and the Illinois Prescription Drug Discount | ||||||
18 | Program. | ||||||
19 | (C) Residents of State-operated facilities, | ||||||
20 | including (i) correctional and youth facilities | ||||||
21 | operated by the Department of Corrections or the | ||||||
22 | Department of Juvenile Justice, (ii) mental health | ||||||
23 | centers and developmental centers operated by the | ||||||
24 | Department of Human Services, and (iii) veterans homes | ||||||
25 | operated by the Department of Veterans' Affairs. | ||||||
26 | (c) The powers, duties, rights, and responsibilities |
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1 | vested in or associated with State healthcare purchasing are | ||||||
2 | not affected by this Act, except that all management and staff | ||||||
3 | support or other resources necessary to the operation of a | ||||||
4 | State healthcare purchasing function shall be provided by the | ||||||
5 | Department to which that function is transferred under this | ||||||
6 | Act. | ||||||
7 | Section 20. Representation on boards or other entities. | ||||||
8 | When any provision of an Executive Order or Act provides for | ||||||
9 | the membership of the Director of Healthcare and Family | ||||||
10 | Services on any council, commission, board, or other entity | ||||||
11 | that exercises any of the State healthcare purchasing functions | ||||||
12 | transferred by this Act, the Director or Secretary of the | ||||||
13 | Department to which the State healthcare purchasing function is | ||||||
14 | transferred under this Act, or his or her designee, shall serve | ||||||
15 | in the place of the Director of Healthcare and Family Services, | ||||||
16 | but only with regard to the exercise of the function | ||||||
17 | transferred under this Act. If more than one such person is | ||||||
18 | required by law to serve on any council, commission, board, or | ||||||
19 | other entity, then an equivalent number of the representatives | ||||||
20 | of the Department to which the applicable function is | ||||||
21 | transferred under this Act shall so serve. In addition, any | ||||||
22 | statutory mandate that provides for action on the part of the | ||||||
23 | Director of Healthcare and Family Services relating to a State | ||||||
24 | healthcare purchasing function transferred under this Act | ||||||
25 | shall become the responsibility of the Director or Secretary of |
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1 | the Department to which that function is transferred under this | ||||||
2 | Act. | ||||||
3 | Section 25. Personnel transferred. | ||||||
4 | (a) Personnel and positions within the Department of | ||||||
5 | Healthcare and Family Services that are engaged in the | ||||||
6 | performance of State healthcare purchasing functions | ||||||
7 | transferred back to the Department of Central Management | ||||||
8 | Services are transferred to and shall continue their service | ||||||
9 | within the Department of Central Management Services. The | ||||||
10 | status and rights of those employees under the Personnel Code | ||||||
11 | are not affected by this Act. | ||||||
12 | (b) Personnel and positions of the Department of | ||||||
13 | Corrections, the Department of Juvenile Justice, the | ||||||
14 | Department of Human Services, and the Department of Veterans' | ||||||
15 | Affairs were not in fact transferred under Executive Order 3 | ||||||
16 | (2005) and are not affected by this Act. | ||||||
17 | Section 30. Books and records transferred. All books, | ||||||
18 | records, papers, documents, property (real and personal), | ||||||
19 | contracts, and pending business pertaining to the powers, | ||||||
20 | duties, rights, and responsibilities related to any of the | ||||||
21 | State healthcare purchasing functions transferred under this | ||||||
22 | Act from the Department of Healthcare and Family Services to | ||||||
23 | the Department of Central Management Services, the Department | ||||||
24 | of Corrections, the Department of Juvenile Justice, the |
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1 | Department of Human Services, and the Department of Veterans' | ||||||
2 | Affairs, including, but not limited to, material in electronic | ||||||
3 | or magnetic format and necessary computer hardware and | ||||||
4 | software, shall be delivered to the Department to which that | ||||||
5 | State healthcare purchasing function is transferred under this | ||||||
6 | Act, provided that the delivery of that information may not | ||||||
7 | violate any applicable confidentiality constraints. The access | ||||||
8 | by personnel of the Department of Central Management Services, | ||||||
9 | the Department of Corrections, the Department of Juvenile | ||||||
10 | Justice, the Department of Human Services, and the Department | ||||||
11 | of Veterans' Affairs to databases and electronic health | ||||||
12 | information that are currently maintained by the Department of | ||||||
13 | Healthcare and Family Services and that contain data and | ||||||
14 | information necessary to the performance of the State | ||||||
15 | healthcare purchasing functions shall continue in the same | ||||||
16 | manner and level of access as before the effective date of | ||||||
17 | Executive Order 1 (2012). Staff of the Department of Central | ||||||
18 | Management Services, the Department of Corrections, the | ||||||
19 | Department of Juvenile Justice, the Department of Human | ||||||
20 | Services, and the Department of Veterans' Affairs may work with | ||||||
21 | staff of the Department of Healthcare and Family Services to | ||||||
22 | add new information relevant to State healthcare purchasing | ||||||
23 | functions. | ||||||
24 | Section 35. Unexpended moneys transferred. | ||||||
25 | (a) With respect to the State healthcare purchasing |
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1 | functions transferred under this Act, the Department of Central | ||||||
2 | Management Services is the successor agency to the Department | ||||||
3 | of Healthcare and Family Services under the Successor Agency | ||||||
4 | Act and Section 9b of the State Finance Act. All unexpended | ||||||
5 | appropriations and balances and other moneys available for use | ||||||
6 | in connection with any of the State healthcare purchasing | ||||||
7 | functions transferred from the Department of Healthcare and | ||||||
8 | Family Services to the Department of Central Management | ||||||
9 | Services are transferred for use by the Department of Central | ||||||
10 | Management Services for the exercise of those functions | ||||||
11 | pursuant to the direction of the Governor. Unexpended balances | ||||||
12 | so transferred shall be expended only for the purpose for which | ||||||
13 | the appropriations were originally made. | ||||||
14 | (b) Appropriations of the Department of Corrections, the | ||||||
15 | Department of Juvenile Justice, the Department of Human | ||||||
16 | Services, and the Department of Veterans' Affairs were not in | ||||||
17 | fact transferred under Executive Order 3 (2005) and are not | ||||||
18 | affected by this Act. | ||||||
19 | Section 40. Exercise of transferred powers; savings | ||||||
20 | provisions. The powers, duties, rights, and responsibilities | ||||||
21 | related to the State healthcare purchasing functions | ||||||
22 | transferred under this Act are vested in and shall be exercised | ||||||
23 | by the Department to which the applicable function is | ||||||
24 | transferred. Each act done in the exercise of those powers, | ||||||
25 | duties, rights, and responsibilities shall have the same legal |
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1 | effect as if done by the Department of Healthcare and Family | ||||||
2 | Services or its divisions, officers, or employees. | ||||||
3 | Section 45. Rules. | ||||||
4 | (a) Any rules that (i) relate to the Illinois Prescription | ||||||
5 | Drug Discount Program or to any other State healthcare | ||||||
6 | purchasing function or program transferred to the Department of | ||||||
7 | Central Management Services by this Act, (ii) are in full force | ||||||
8 | on the effective date of Executive Order 1 (2012), and (iii) | ||||||
9 | have been duly adopted by the Department of Healthcare and | ||||||
10 | Family Services shall become the rules of the Department of | ||||||
11 | Central Management Services. This Act shall not affect the | ||||||
12 | legality of any such rules in the Illinois Administrative Code. | ||||||
13 | (b) Any proposed rule filed with the Secretary of State by | ||||||
14 | the Department of Healthcare and Family Services that pertains | ||||||
15 | to the Illinois Prescription Drug Discount Program, or to any | ||||||
16 | other State healthcare purchasing function or program | ||||||
17 | transferred to the Department of Central Management Services by | ||||||
18 | this Act, and that is pending in the rulemaking process on the | ||||||
19 | effective date of Executive Order 1 (2012) shall be deemed to | ||||||
20 | have been filed by the Department of Central Management | ||||||
21 | Services. | ||||||
22 | (c) On and after the effective date of Executive Order 1 | ||||||
23 | (2012), the Department of Central Management Services may | ||||||
24 | propose and adopt, under the Illinois Administrative Procedure | ||||||
25 | Act, other rules that relate to the Illinois Prescription Drug |
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1 | Discount Program, or to any other State healthcare purchasing | ||||||
2 | function or program transferred to the Department of Central | ||||||
3 | Management Services by this Act. | ||||||
4 | Section 50. Rights, obligations, and duties unaffected by | ||||||
5 | transfer. The
transfer of
powers, duties, rights, and | ||||||
6 | responsibilities from the Department of Healthcare and Family | ||||||
7 | Services under this Act does not affect any person's rights, | ||||||
8 | obligations, or
duties,
including any civil or criminal | ||||||
9 | penalties applicable thereto, arising out of
those
transferred | ||||||
10 | powers, duties, rights, and responsibilities. | ||||||
11 | Section 55. Agency officers; penalties. Every officer of | ||||||
12 | the Department of Central Management Services, the Department | ||||||
13 | of Corrections, the Department of Juvenile Justice, the | ||||||
14 | Department of Human Services, and the Department of Veterans' | ||||||
15 | Affairs is, for any offense, subject to the same penalty or | ||||||
16 | penalties, civil or criminal, as are prescribed by existing law | ||||||
17 | for the same offense by any officer whose powers or duties are | ||||||
18 | transferred under this Act. | ||||||
19 | Section 60. Reports, notices, or papers. Whenever reports | ||||||
20 | or notices are required to be made or given or papers or | ||||||
21 | documents furnished or served by any person to or upon the | ||||||
22 | Department of Healthcare and Family Services in connection with | ||||||
23 | any State healthcare purchasing function transferred under |
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1 | this Act, the same shall be made, given, furnished, or served | ||||||
2 | in the same manner to or upon the Department to which that | ||||||
3 | State healthcare purchasing function is transferred. | ||||||
4 | Section 65. Interagency agreements. To the extent | ||||||
5 | necessary or prudent to fully implement the intent of this Act, | ||||||
6 | the Department of Central Management Services, the Department | ||||||
7 | of Corrections, the Department of Human Services, the | ||||||
8 | Department of Juvenile Justice, the Department of Veterans' | ||||||
9 | Affairs, and the Department of Healthcare and Family Services | ||||||
10 | may enter into one or more interagency agreements to ensure the | ||||||
11 | full and appropriate transfer of all State healthcare | ||||||
12 | purchasing functions transferred from the Department of | ||||||
13 | Healthcare and Family Services under this Act. | ||||||
14 | Section 70. Acts and actions unaffected by transfer. This | ||||||
15 | Act does not affect any act done, ratified, or canceled, or any | ||||||
16 | right occurring or established, before the effective date of | ||||||
17 | Executive Order 1 (2012), in connection with any State | ||||||
18 | healthcare purchasing function transferred under this Act. | ||||||
19 | This Act does not affect any action or proceeding had or | ||||||
20 | commenced before the effective date of Executive Order 1 (2012) | ||||||
21 | in an administrative, civil, or criminal cause regarding a | ||||||
22 | State healthcare purchasing function transferred from the | ||||||
23 | Department of Healthcare and Family Services under this Act, | ||||||
24 | but any such action or proceeding may be defended, prosecuted, |
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1 | or continued by the Department to which the applicable State | ||||||
2 | healthcare purchasing function is transferred. | ||||||
3 | Section 900. The State Employees Group Insurance Act of | ||||||
4 | 1971 is amended by adding Section 2.5 and changing Sections 3, | ||||||
5 | 6.5, 6.10, 10, and 13.1 as follows: | ||||||
6 | (5 ILCS 375/2.5 new)
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7 | Sec. 2.5. State healthcare purchasing. On and after the | ||||||
8 | date 6 months after the effective date of this amendatory Act | ||||||
9 | of the 98th General Assembly, as provided in the Executive | ||||||
10 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
11 | rights, and responsibilities related to State healthcare | ||||||
12 | purchasing under this Act that were transferred from the | ||||||
13 | Department of Central Management Services to the Department of | ||||||
14 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
15 | transferred back to the Department.
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16 | (5 ILCS 375/3) (from Ch. 127, par. 523)
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17 | Sec. 3. Definitions. Unless the context otherwise | ||||||
18 | requires, the
following words and phrases as used in this Act | ||||||
19 | shall have the following
meanings. The Department may define | ||||||
20 | these and other words and phrases
separately for the purpose of | ||||||
21 | implementing specific programs providing benefits
under this | ||||||
22 | Act.
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23 | (a) "Administrative service organization" means any |
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1 | person, firm or
corporation experienced in the handling of | ||||||
2 | claims which is
fully qualified, financially sound and capable | ||||||
3 | of meeting the service
requirements of a contract of | ||||||
4 | administration executed with the Department.
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5 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
6 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
7 | under the provisions
of Articles 2, 14 (including an employee | ||||||
8 | who has elected to receive an alternative retirement | ||||||
9 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
10 | Pension Code in lieu of an annuity), 15 (including an employee | ||||||
11 | who has retired under the optional
retirement program | ||||||
12 | established under Section 15-158.2),
paragraphs (2), (3), or | ||||||
13 | (5) of Section 16-106, or
Article 18 of the Illinois Pension | ||||||
14 | Code; (2) any person who was receiving
group insurance coverage | ||||||
15 | under this Act as of March 31, 1978 by
reason of his status as | ||||||
16 | an annuitant, even though the annuity in relation
to which such | ||||||
17 | coverage was provided is a proportional annuity based on less
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18 | than the minimum period of service required for a retirement | ||||||
19 | annuity in
the system involved; (3) any person not otherwise | ||||||
20 | covered by this Act
who has retired as a participating member | ||||||
21 | under Article 2 of the Illinois
Pension Code but is ineligible | ||||||
22 | for the retirement annuity under Section
2-119 of the Illinois | ||||||
23 | Pension Code; (4) the spouse of any person who
is receiving a | ||||||
24 | retirement annuity under Article 18 of the Illinois Pension
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25 | Code and who is covered under a group health insurance program | ||||||
26 | sponsored
by a governmental employer other than the State of |
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1 | Illinois and who has
irrevocably elected to waive his or her | ||||||
2 | coverage under this Act and to have
his or her spouse | ||||||
3 | considered as the "annuitant" under this Act and not as
a | ||||||
4 | "dependent"; or (5) an employee who retires, or has retired, | ||||||
5 | from a
qualified position, as determined according to rules | ||||||
6 | promulgated by the
Director, under a qualified local | ||||||
7 | government, a qualified rehabilitation
facility, a qualified | ||||||
8 | domestic violence shelter or service, or a qualified child | ||||||
9 | advocacy center. (For definition
of "retired employee", see (p) | ||||||
10 | post).
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11 | (b-5) (Blank).
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12 | (b-6) (Blank).
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13 | (b-7) (Blank).
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14 | (c) "Carrier" means (1) an insurance company, a corporation | ||||||
15 | organized
under the Limited Health Service Organization Act or | ||||||
16 | the Voluntary Health
Services Plan Act, a partnership, or other | ||||||
17 | nongovernmental organization,
which is authorized to do group | ||||||
18 | life or group health insurance business in
Illinois, or (2) the | ||||||
19 | State of Illinois as a self-insurer.
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20 | (d) "Compensation" means salary or wages payable on a | ||||||
21 | regular
payroll by the State Treasurer on a warrant of the | ||||||
22 | State Comptroller out
of any State, trust or federal fund, or | ||||||
23 | by the Governor of the State
through a disbursing officer of | ||||||
24 | the State out of a trust or out of
federal funds, or by any | ||||||
25 | Department out of State, trust, federal or
other funds held by | ||||||
26 | the State Treasurer or the Department, to any person
for |
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1 | personal services currently performed, and ordinary or | ||||||
2 | accidental
disability benefits under Articles 2, 14, 15 | ||||||
3 | (including ordinary or accidental
disability benefits under | ||||||
4 | the optional retirement program established under
Section | ||||||
5 | 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | ||||||
6 | Article 18 of the Illinois Pension Code, for disability
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7 | incurred after January 1, 1966, or benefits payable under the | ||||||
8 | Workers'
Compensation or Occupational Diseases Act or benefits | ||||||
9 | payable under a sick
pay plan established in accordance with | ||||||
10 | Section 36 of the State Finance Act.
"Compensation" also means | ||||||
11 | salary or wages paid to an employee of any
qualified local | ||||||
12 | government, qualified rehabilitation facility,
qualified | ||||||
13 | domestic violence shelter or service, or qualified child | ||||||
14 | advocacy center.
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15 | (e) "Commission" means the State Employees Group Insurance | ||||||
16 | Advisory
Commission authorized by this Act. Commencing July 1, | ||||||
17 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
18 | Government Forecasting and Accountability as
established by | ||||||
19 | the Legislative Commission Reorganization Act of 1984.
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20 | (f) "Contributory", when referred to as contributory | ||||||
21 | coverage, shall
mean optional coverages or benefits elected by | ||||||
22 | the member toward the cost of
which such member makes | ||||||
23 | contribution, or which are funded in whole or in part
through | ||||||
24 | the acceptance of a reduction in earnings or the foregoing of | ||||||
25 | an
increase in earnings by an employee, as distinguished from | ||||||
26 | noncontributory
coverage or benefits which are paid entirely by |
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1 | the State of Illinois
without reduction of the member's salary.
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2 | (g) "Department" means any department, institution, board,
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3 | commission, officer, court or any agency of the State | ||||||
4 | government
receiving appropriations and having power to | ||||||
5 | certify payrolls to the
Comptroller authorizing payments of | ||||||
6 | salary and wages against such
appropriations as are made by the | ||||||
7 | General Assembly from any State fund, or
against trust funds | ||||||
8 | held by the State Treasurer and includes boards of
trustees of | ||||||
9 | the retirement systems created by Articles 2, 14, 15, 16 and
18 | ||||||
10 | of the Illinois Pension Code. "Department" also includes the | ||||||
11 | Illinois
Comprehensive Health Insurance Board, the Board of | ||||||
12 | Examiners established under
the Illinois Public Accounting | ||||||
13 | Act, and the Illinois Finance Authority.
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14 | (h) "Dependent", when the term is used in the context of | ||||||
15 | the health
and life plan, means a member's spouse and any child | ||||||
16 | (1) from
birth to age 26 including an adopted child, a child | ||||||
17 | who lives with the
member from the time of the filing of a | ||||||
18 | petition for adoption until entry
of an order of adoption, a | ||||||
19 | stepchild or adjudicated child, or a child who lives with the | ||||||
20 | member
if such member is a court appointed guardian of the | ||||||
21 | child or (2)
age 19 or over who is mentally
or physically | ||||||
22 | disabled from a cause originating prior to the age of 19 (age | ||||||
23 | 26 if enrolled as an adult child dependent). For
the health | ||||||
24 | plan only, the term "dependent" also includes (1) any person
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25 | enrolled prior to the effective date of this Section who is | ||||||
26 | dependent upon
the member to the extent that the member may |
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1 | claim such person as a
dependent for income tax deduction | ||||||
2 | purposes and (2) any person who
has received after June 30, | ||||||
3 | 2000 an organ transplant and who is financially
dependent upon | ||||||
4 | the member and eligible to be claimed as a dependent for income
| ||||||
5 | tax purposes. A member requesting to cover any dependent must | ||||||
6 | provide documentation as requested by the Department of Central | ||||||
7 | Management Services and file with the Department any and all | ||||||
8 | forms required by the Department.
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9 | (i) "Director" means the Director of the Illinois | ||||||
10 | Department of Central
Management Services or of any successor | ||||||
11 | agency designated to administer this Act .
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12 | (j) "Eligibility period" means the period of time a member | ||||||
13 | has to
elect enrollment in programs or to select benefits | ||||||
14 | without regard to
age, sex or health.
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15 | (k) "Employee" means and includes each officer or employee | ||||||
16 | in the
service of a department who (1) receives his | ||||||
17 | compensation for
service rendered to the department on a | ||||||
18 | warrant issued pursuant to a payroll
certified by a department | ||||||
19 | or on a warrant or check issued and drawn by a
department upon | ||||||
20 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
21 | to a payroll certified by an elected or duly appointed officer
| ||||||
22 | of the State or who receives payment of the performance of | ||||||
23 | personal
services on a warrant issued pursuant to a payroll | ||||||
24 | certified by a
Department and drawn by the Comptroller upon the | ||||||
25 | State Treasurer against
appropriations made by the General | ||||||
26 | Assembly from any fund or against
trust funds held by the State |
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1 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
2 | position normally requiring actual performance of duty
during | ||||||
3 | not less than 1/2 of a normal work period, as established by | ||||||
4 | the
Director in cooperation with each department, except that | ||||||
5 | persons elected
by popular vote will be considered employees | ||||||
6 | during the entire
term for which they are elected regardless of | ||||||
7 | hours devoted to the
service of the State, and (3) except that | ||||||
8 | "employee" does not include any
person who is not eligible by | ||||||
9 | reason of such person's employment to
participate in one of the | ||||||
10 | State retirement systems under Articles 2, 14, 15
(either the | ||||||
11 | regular Article 15 system or the optional retirement program
| ||||||
12 | established under Section 15-158.2) or 18, or under paragraph | ||||||
13 | (2), (3), or
(5) of Section 16-106, of the Illinois
Pension | ||||||
14 | Code, but such term does include persons who are employed | ||||||
15 | during
the 6 month qualifying period under Article 14 of the | ||||||
16 | Illinois Pension
Code. Such term also includes any person who | ||||||
17 | (1) after January 1, 1966,
is receiving ordinary or accidental | ||||||
18 | disability benefits under Articles
2, 14, 15 (including | ||||||
19 | ordinary or accidental disability benefits under the
optional | ||||||
20 | retirement program established under Section 15-158.2), | ||||||
21 | paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of | ||||||
22 | the
Illinois Pension Code, for disability incurred after | ||||||
23 | January 1, 1966, (2)
receives total permanent or total | ||||||
24 | temporary disability under the Workers'
Compensation Act or | ||||||
25 | Occupational Disease Act as a result of injuries
sustained or | ||||||
26 | illness contracted in the course of employment with the
State |
| |||||||
| |||||||
1 | of Illinois, or (3) is not otherwise covered under this Act and | ||||||
2 | has
retired as a participating member under Article 2 of the | ||||||
3 | Illinois Pension
Code but is ineligible for the retirement | ||||||
4 | annuity under Section 2-119 of
the Illinois Pension Code. | ||||||
5 | However, a person who satisfies the criteria
of the foregoing | ||||||
6 | definition of "employee" except that such person is made
| ||||||
7 | ineligible to participate in the State Universities Retirement | ||||||
8 | System by
clause (4) of subsection (a) of Section 15-107 of the | ||||||
9 | Illinois Pension
Code is also an "employee" for the purposes of | ||||||
10 | this Act. "Employee" also
includes any person receiving or | ||||||
11 | eligible for benefits under a sick pay
plan established in | ||||||
12 | accordance with Section 36 of the State Finance Act.
"Employee" | ||||||
13 | also includes (i) each officer or employee in the service of a
| ||||||
14 | qualified local government, including persons appointed as | ||||||
15 | trustees of
sanitary districts regardless of hours devoted to | ||||||
16 | the service of the
sanitary district, (ii) each employee in the | ||||||
17 | service of a qualified
rehabilitation facility, (iii) each | ||||||
18 | full-time employee in the service of a
qualified domestic | ||||||
19 | violence shelter or service, and (iv) each full-time employee | ||||||
20 | in the service of a qualified child advocacy center, as | ||||||
21 | determined according to
rules promulgated by the Director.
| ||||||
22 | (l) "Member" means an employee, annuitant, retired | ||||||
23 | employee or survivor. In the case of an annuitant or retired | ||||||
24 | employee who first becomes an annuitant or retired employee on | ||||||
25 | or after the effective date of this amendatory Act of the 97th | ||||||
26 | General Assembly, the individual must meet the minimum vesting |
| |||||||
| |||||||
1 | requirements of the applicable retirement system in order to be | ||||||
2 | eligible for group insurance benefits under that system. In the | ||||||
3 | case of a survivor who first becomes a survivor on or after the | ||||||
4 | effective date of this amendatory Act of the 97th General | ||||||
5 | Assembly, the deceased employee, annuitant, or retired | ||||||
6 | employee upon whom the annuity is based must have been eligible | ||||||
7 | to participate in the group insurance system under the | ||||||
8 | applicable retirement system in order for the survivor to be | ||||||
9 | eligible for group insurance benefits under that system.
| ||||||
10 | (m) "Optional coverages or benefits" means those coverages | ||||||
11 | or
benefits available to the member on his or her voluntary | ||||||
12 | election, and at
his or her own expense.
| ||||||
13 | (n) "Program" means the group life insurance, health | ||||||
14 | benefits and other
employee benefits designed and contracted | ||||||
15 | for by the Director under this Act.
| ||||||
16 | (o) "Health plan" means a health benefits
program offered
| ||||||
17 | by the State of Illinois for persons eligible for the plan.
| ||||||
18 | (p) "Retired employee" means any person who would be an | ||||||
19 | annuitant as
that term is defined herein but for the fact that | ||||||
20 | such person retired prior to
January 1, 1966. Such term also | ||||||
21 | includes any person formerly employed by
the University of | ||||||
22 | Illinois in the Cooperative Extension Service who would
be an | ||||||
23 | annuitant but for the fact that such person was made ineligible | ||||||
24 | to
participate in the State Universities Retirement System by | ||||||
25 | clause (4) of
subsection (a) of Section 15-107 of the Illinois
| ||||||
26 | Pension Code.
|
| |||||||
| |||||||
1 | (q) "Survivor" means a person receiving an annuity as a | ||||||
2 | survivor of an
employee or of an annuitant. "Survivor" also | ||||||
3 | includes: (1) the surviving
dependent of a person who satisfies | ||||||
4 | the definition of "employee" except that
such person is made | ||||||
5 | ineligible to participate in the State Universities
Retirement | ||||||
6 | System by clause (4) of subsection (a)
of Section 15-107 of the | ||||||
7 | Illinois Pension Code; (2) the surviving
dependent of any | ||||||
8 | person formerly employed by the University of Illinois in
the | ||||||
9 | Cooperative Extension Service who would be an annuitant except | ||||||
10 | for the
fact that such person was made ineligible to | ||||||
11 | participate in the State
Universities Retirement System by | ||||||
12 | clause (4) of subsection (a) of Section
15-107 of the Illinois | ||||||
13 | Pension Code; and (3) the surviving dependent of a person who | ||||||
14 | was an annuitant under this Act by virtue of receiving an | ||||||
15 | alternative retirement cancellation payment under Section | ||||||
16 | 14-108.5 of the Illinois Pension Code.
| ||||||
17 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
18 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
19 | Code.
| ||||||
20 | (q-3) "SURS" means the State Universities Retirement | ||||||
21 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
22 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
23 | State of Illinois, created under Article 16 of the Illinois | ||||||
24 | Pension Code.
| ||||||
25 | (q-5) (Blank).
| ||||||
26 | (q-6) (Blank).
|
| |||||||
| |||||||
1 | (q-7) (Blank).
| ||||||
2 | (r) "Medical services" means the services provided within | ||||||
3 | the scope
of their licenses by practitioners in all categories | ||||||
4 | licensed under the
Medical Practice Act of 1987.
| ||||||
5 | (s) "Unit of local government" means any county, | ||||||
6 | municipality,
township, school district (including a | ||||||
7 | combination of school districts under
the Intergovernmental | ||||||
8 | Cooperation Act), special district or other unit,
designated as | ||||||
9 | a
unit of local government by law, which exercises limited | ||||||
10 | governmental
powers or powers in respect to limited | ||||||
11 | governmental subjects, any
not-for-profit association with a | ||||||
12 | membership that primarily includes
townships and township | ||||||
13 | officials, that has duties that include provision of
research | ||||||
14 | service, dissemination of information, and other acts for the
| ||||||
15 | purpose of improving township government, and that is funded | ||||||
16 | wholly or
partly in accordance with Section 85-15 of the | ||||||
17 | Township Code; any
not-for-profit corporation or association, | ||||||
18 | with a membership consisting
primarily of municipalities, that | ||||||
19 | operates its own utility system, and
provides research, | ||||||
20 | training, dissemination of information, or other acts to
| ||||||
21 | promote cooperation between and among municipalities that | ||||||
22 | provide utility
services and for the advancement of the goals | ||||||
23 | and purposes of its
membership;
the Southern Illinois | ||||||
24 | Collegiate Common Market, which is a consortium of higher
| ||||||
25 | education institutions in Southern Illinois; the Illinois | ||||||
26 | Association of
Park Districts; and any hospital provider that |
| |||||||
| |||||||
1 | is owned by a county that has 100 or fewer hospital beds and | ||||||
2 | has not already joined the program. "Qualified
local | ||||||
3 | government" means a unit of local government approved by the | ||||||
4 | Director and
participating in a program created under | ||||||
5 | subsection (i) of Section 10 of this
Act.
| ||||||
6 | (t) "Qualified rehabilitation facility" means any | ||||||
7 | not-for-profit
organization that is accredited by the | ||||||
8 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
9 | certified by the Department
of Human Services (as successor to | ||||||
10 | the Department of Mental Health
and Developmental | ||||||
11 | Disabilities) to provide services to persons with
disabilities
| ||||||
12 | and which receives funds from the State of Illinois for | ||||||
13 | providing those
services, approved by the Director and | ||||||
14 | participating in a program created
under subsection (j) of | ||||||
15 | Section 10 of this Act.
| ||||||
16 | (u) "Qualified domestic violence shelter or service" means | ||||||
17 | any Illinois
domestic violence shelter or service and its | ||||||
18 | administrative offices funded
by the Department of Human | ||||||
19 | Services (as successor to the Illinois Department of
Public | ||||||
20 | Aid),
approved by the Director and
participating in a program | ||||||
21 | created under subsection (k) of Section 10.
| ||||||
22 | (v) "TRS benefit recipient" means a person who:
| ||||||
23 | (1) is not a "member" as defined in this Section; and
| ||||||
24 | (2) is receiving a monthly benefit or retirement | ||||||
25 | annuity
under Article 16 of the Illinois Pension Code; and
| ||||||
26 | (3) either (i) has at least 8 years of creditable |
| |||||||
| |||||||
1 | service under Article
16 of the Illinois Pension Code, or | ||||||
2 | (ii) was enrolled in the health insurance
program offered | ||||||
3 | under that Article on January 1, 1996, or (iii) is the | ||||||
4 | survivor
of a benefit recipient who had at least 8
years of | ||||||
5 | creditable service under Article 16 of the Illinois Pension | ||||||
6 | Code or
was enrolled in the health insurance program | ||||||
7 | offered under that Article on
the effective date of this | ||||||
8 | amendatory Act of 1995, or (iv) is a recipient or
survivor | ||||||
9 | of a recipient of a disability benefit under Article 16 of | ||||||
10 | the
Illinois Pension Code.
| ||||||
11 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
12 | (1) is not a "member" or "dependent" as defined in this | ||||||
13 | Section; and
| ||||||
14 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
15 | dependent parent who
is receiving at least half of his or | ||||||
16 | her support from the TRS benefit
recipient, or (C) natural, | ||||||
17 | step, adjudicated, or adopted child who is (i) under age | ||||||
18 | 26, (ii) was, on January 1, 1996, participating as a | ||||||
19 | dependent
beneficiary in the health insurance program | ||||||
20 | offered under Article 16 of the
Illinois Pension Code, or | ||||||
21 | (iii) age 19 or over who is mentally or physically disabled | ||||||
22 | from a cause originating prior to the age of 19 (age 26 if | ||||||
23 | enrolled as an adult child).
| ||||||
24 | "TRS dependent beneficiary" does not include, as indicated | ||||||
25 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
26 | survivor of a TRS benefit recipient who first becomes a |
| |||||||
| |||||||
1 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
2 | the effective date of this amendatory Act of the 97th General | ||||||
3 | Assembly unless that dependent would have been eligible for | ||||||
4 | coverage as a dependent of the deceased TRS benefit recipient | ||||||
5 | upon whom the survivor benefit is based. | ||||||
6 | (x) "Military leave" refers to individuals in basic
| ||||||
7 | training for reserves, special/advanced training, annual | ||||||
8 | training, emergency
call up, activation by the President of the | ||||||
9 | United States, or any other training or duty in service to the | ||||||
10 | United States Armed Forces.
| ||||||
11 | (y) (Blank).
| ||||||
12 | (z) "Community college benefit recipient" means a person | ||||||
13 | who:
| ||||||
14 | (1) is not a "member" as defined in this Section; and
| ||||||
15 | (2) is receiving a monthly survivor's annuity or | ||||||
16 | retirement annuity
under Article 15 of the Illinois Pension | ||||||
17 | Code; and
| ||||||
18 | (3) either (i) was a full-time employee of a community | ||||||
19 | college district or
an association of community college | ||||||
20 | boards created under the Public Community
College Act | ||||||
21 | (other than an employee whose last employer under Article | ||||||
22 | 15 of the
Illinois Pension Code was a community college | ||||||
23 | district subject to Article VII
of the Public Community | ||||||
24 | College Act) and was eligible to participate in a group
| ||||||
25 | health benefit plan as an employee during the time of | ||||||
26 | employment with a
community college district (other than a |
| |||||||
| |||||||
1 | community college district subject to
Article VII of the | ||||||
2 | Public Community College Act) or an association of | ||||||
3 | community
college boards, or (ii) is the survivor of a | ||||||
4 | person described in item (i).
| ||||||
5 | (aa) "Community college dependent beneficiary" means a | ||||||
6 | person who:
| ||||||
7 | (1) is not a "member" or "dependent" as defined in this | ||||||
8 | Section; and
| ||||||
9 | (2) is a community college benefit recipient's: (A) | ||||||
10 | spouse, (B) dependent
parent who is receiving at least half | ||||||
11 | of his or her support from the community
college benefit | ||||||
12 | recipient, or (C) natural, step, adjudicated, or adopted | ||||||
13 | child who is (i)
under age 26, or (ii)
age 19 or over and | ||||||
14 | mentally or physically disabled from a cause originating | ||||||
15 | prior to the age of 19 (age 26 if enrolled as an adult | ||||||
16 | child).
| ||||||
17 | "Community college dependent beneficiary" does not | ||||||
18 | include, as indicated under paragraph (2) of this subsection | ||||||
19 | (aa), a dependent of the survivor of a community college | ||||||
20 | benefit recipient who first becomes a dependent of a survivor | ||||||
21 | of a community college benefit recipient on or after the | ||||||
22 | effective date of this amendatory Act of the 97th General | ||||||
23 | Assembly unless that dependent would have been eligible for | ||||||
24 | coverage as a dependent of the deceased community college | ||||||
25 | benefit recipient upon whom the survivor annuity is based. | ||||||
26 | (bb) "Qualified child advocacy center" means any Illinois |
| |||||||
| |||||||
1 | child advocacy center and its administrative offices funded by | ||||||
2 | the Department of Children and Family Services, as defined by | ||||||
3 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
4 | the Director and participating in a program created under | ||||||
5 | subsection (n) of Section 10.
| ||||||
6 | (Source: P.A. 96-756, eff. 1-1-10; 96-1519, eff. 2-4-11; | ||||||
7 | 97-668, eff. 1-13-12; 97-695, eff. 7-1-12.)
| ||||||
8 | (5 ILCS 375/6.5)
| ||||||
9 | Sec. 6.5. Health benefits for TRS benefit recipients and | ||||||
10 | TRS dependent
beneficiaries. | ||||||
11 | (a) Purpose. It is the purpose of this amendatory Act of | ||||||
12 | 1995 to transfer
the administration of the program of health | ||||||
13 | benefits established for benefit
recipients and their | ||||||
14 | dependent beneficiaries under Article 16 of the Illinois
| ||||||
15 | Pension Code to the Department of Central Management Services.
| ||||||
16 | (b) Transition provisions. The Board of Trustees of the | ||||||
17 | Teachers'
Retirement System shall continue to administer the | ||||||
18 | health benefit program
established under Article 16 of the | ||||||
19 | Illinois Pension Code through December 31,
1995. Beginning | ||||||
20 | January 1, 1996, the Department of Central Management Services
| ||||||
21 | shall be responsible for administering a program of health | ||||||
22 | benefits for TRS
benefit recipients and TRS dependent | ||||||
23 | beneficiaries under this Section.
The Department of Central | ||||||
24 | Management Services and the Teachers' Retirement
System shall | ||||||
25 | cooperate in this endeavor and shall coordinate their |
| |||||||
| |||||||
1 | activities
so as to ensure a smooth transition and | ||||||
2 | uninterrupted health benefit coverage.
| ||||||
3 | (c) Eligibility. All persons who were enrolled in the | ||||||
4 | Article 16 program at
the time of the transfer shall be | ||||||
5 | eligible to participate in the program
established under this | ||||||
6 | Section without any interruption or delay in coverage
or | ||||||
7 | limitation as to pre-existing medical conditions. Eligibility | ||||||
8 | to
participate shall be determined by the Teachers' Retirement | ||||||
9 | System.
Eligibility information shall be communicated to the | ||||||
10 | Department of Central
Management Services in a format | ||||||
11 | acceptable to the Department.
| ||||||
12 | A TRS dependent beneficiary who is a child age 19 or over | ||||||
13 | and
mentally or physically disabled does not become ineligible | ||||||
14 | to participate
by reason of (i) becoming ineligible to be | ||||||
15 | claimed as a dependent for Illinois
or federal income tax | ||||||
16 | purposes or (ii) receiving earned income, so long as
those | ||||||
17 | earnings are insufficient for the child to be fully | ||||||
18 | self-sufficient.
| ||||||
19 | (d) Coverage. The level of health benefits provided under | ||||||
20 | this Section
shall be similar to the level of benefits provided | ||||||
21 | by the
program previously established under Article 16 of the | ||||||
22 | Illinois Pension Code.
| ||||||
23 | Group life insurance benefits are not included in the | ||||||
24 | benefits
to be provided to TRS benefit recipients and TRS | ||||||
25 | dependent beneficiaries under
this Act.
| ||||||
26 | The program of health benefits under this Section may |
| |||||||
| |||||||
1 | include any or all of
the benefit limitations, including but | ||||||
2 | not limited to a reduction in benefits
based on eligibility for | ||||||
3 | federal medicare benefits, that are provided under
subsection | ||||||
4 | (a) of Section 6 of this Act for other health benefit programs | ||||||
5 | under
this Act.
| ||||||
6 | (e) Insurance rates and premiums. The Director shall | ||||||
7 | determine the
insurance rates and premiums for TRS benefit | ||||||
8 | recipients and TRS dependent
beneficiaries,
and shall present | ||||||
9 | to the Teachers' Retirement System of
the State of Illinois, by | ||||||
10 | April 15 of each calendar year, the rate-setting
methodology | ||||||
11 | (including but not limited to utilization levels and costs) | ||||||
12 | used
to determine the amount of the health care premiums.
| ||||||
13 | For Fiscal Year 1996, the premium shall be equal to the | ||||||
14 | premium actually
charged in Fiscal Year 1995; in subsequent | ||||||
15 | years, the premium shall
never be lower than the premium | ||||||
16 | charged in Fiscal Year 1995. | ||||||
17 | For Fiscal Year
2003, the premium shall not exceed 110% | ||||||
18 | of the premium actually charged in
Fiscal Year 2002. | ||||||
19 | For Fiscal Year 2004, the premium shall not exceed 112% | ||||||
20 | of
the premium actually charged in Fiscal Year 2003.
| ||||||
21 | For Fiscal Year 2005, the premium shall not exceed a | ||||||
22 | weighted average of 106.6% of
the premium actually charged | ||||||
23 | in Fiscal Year 2004.
| ||||||
24 | For Fiscal Year 2006, the premium shall not exceed a | ||||||
25 | weighted average of 109.1% of
the premium actually charged | ||||||
26 | in Fiscal Year 2005.
|
| |||||||
| |||||||
1 | For Fiscal Year 2007, the premium shall not exceed a | ||||||
2 | weighted average of 103.9% of
the premium actually charged | ||||||
3 | in Fiscal Year 2006.
| ||||||
4 | For Fiscal Year 2008 and thereafter, the premium in | ||||||
5 | each fiscal year shall not exceed 105% of
the premium | ||||||
6 | actually charged in the previous fiscal year.
| ||||||
7 | Rates and premiums may be based in part on age and | ||||||
8 | eligibility for federal
medicare coverage. However, the cost of | ||||||
9 | participation for a TRS dependent
beneficiary who is an | ||||||
10 | unmarried child age 19 or over and mentally or physically
| ||||||
11 | disabled shall not exceed the cost for a TRS dependent | ||||||
12 | beneficiary who is
an unmarried child under age 19 and | ||||||
13 | participates in the same major medical or
managed care program.
| ||||||
14 | The cost of health benefits under the program shall be paid | ||||||
15 | as follows:
| ||||||
16 | (1) For a TRS benefit recipient selecting a managed | ||||||
17 | care program, up to
75% of the total insurance rate shall | ||||||
18 | be paid from the Teacher Health Insurance
Security Fund. | ||||||
19 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
20 | benefit recipient selecting a managed care program, 75% of | ||||||
21 | the total insurance rate shall be paid from the Teacher | ||||||
22 | Health Insurance
Security Fund.
| ||||||
23 | (2) For a TRS benefit recipient selecting the major | ||||||
24 | medical coverage
program, up to 50% of the total insurance | ||||||
25 | rate shall be paid from the Teacher
Health Insurance | ||||||
26 | Security Fund if a managed care program is accessible, as
|
| |||||||
| |||||||
1 | determined by the Teachers' Retirement System. Effective | ||||||
2 | with Fiscal Year 2007 and thereafter, for a TRS benefit | ||||||
3 | recipient selecting the major medical coverage
program, | ||||||
4 | 50% of the total insurance rate shall be paid from the | ||||||
5 | Teacher
Health Insurance Security Fund if a managed care | ||||||
6 | program is accessible, as
determined by the Department of | ||||||
7 | Central Management Services.
| ||||||
8 | (3) For a TRS benefit recipient selecting the major | ||||||
9 | medical coverage
program, up to 75% of the total insurance | ||||||
10 | rate shall be paid from the Teacher
Health Insurance | ||||||
11 | Security Fund if a managed care program is not accessible, | ||||||
12 | as
determined by the Teachers' Retirement System. | ||||||
13 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
14 | benefit recipient selecting the major medical coverage
| ||||||
15 | program, 75% of the total insurance rate shall be paid from | ||||||
16 | the Teacher
Health Insurance Security Fund if a managed | ||||||
17 | care program is not accessible, as
determined by the | ||||||
18 | Department of Central Management Services.
| ||||||
19 | (3.1) For a TRS dependent beneficiary who is Medicare | ||||||
20 | primary and enrolled in a managed care plan, or the major | ||||||
21 | medical coverage program if a managed care plan is not | ||||||
22 | available, 25% of the total insurance rate shall be paid | ||||||
23 | from the Teacher Health Security Fund as determined by the | ||||||
24 | Department of Central Management Services. For the purpose | ||||||
25 | of this item (3.1), the term "TRS dependent beneficiary who | ||||||
26 | is Medicare primary" means a TRS dependent beneficiary who |
| |||||||
| |||||||
1 | is participating in Medicare Parts A and B.
| ||||||
2 | (4) Except as otherwise provided in item (3.1), the
| ||||||
3 | balance of the rate of insurance, including the entire | ||||||
4 | premium of
any coverage for TRS dependent beneficiaries | ||||||
5 | that has been elected, shall be
paid
by deductions | ||||||
6 | authorized by the TRS benefit recipient to be withheld from | ||||||
7 | his
or her monthly annuity or benefit payment from the | ||||||
8 | Teachers' Retirement System;
except that (i) if the balance | ||||||
9 | of the cost of coverage exceeds the amount of
the monthly | ||||||
10 | annuity or benefit payment, the difference shall be paid | ||||||
11 | directly
to the Teachers' Retirement System by the TRS | ||||||
12 | benefit recipient, and (ii) all
or part of the balance of | ||||||
13 | the cost of coverage may, at the school board's
option, be | ||||||
14 | paid to the Teachers' Retirement System by the school board | ||||||
15 | of the
school district from which the TRS benefit recipient | ||||||
16 | retired, in accordance
with Section 10-22.3b of the School | ||||||
17 | Code. The Teachers' Retirement System
shall promptly | ||||||
18 | deposit all moneys withheld by or paid to it under this
| ||||||
19 | subdivision (e)(4) into the Teacher Health Insurance | ||||||
20 | Security Fund. These
moneys shall not be considered assets | ||||||
21 | of the Retirement System.
| ||||||
22 | (f) Financing. Beginning July 1, 1995, all revenues arising | ||||||
23 | from the
administration of the health benefit programs | ||||||
24 | established under Article 16 of
the Illinois Pension Code or | ||||||
25 | this Section shall be deposited into the
Teacher Health | ||||||
26 | Insurance Security Fund, which is hereby created as a
|
| |||||||
| |||||||
1 | nonappropriated trust fund to be held outside the State | ||||||
2 | Treasury, with the
State Treasurer as custodian. Any interest | ||||||
3 | earned on moneys in the Teacher
Health Insurance Security Fund | ||||||
4 | shall be deposited into the Fund.
| ||||||
5 | Moneys in the Teacher Health Insurance Security
Fund shall | ||||||
6 | be used only to pay the costs of the health benefit program
| ||||||
7 | established under this Section, including associated | ||||||
8 | administrative costs, and
the costs associated with the health | ||||||
9 | benefit program established under Article
16 of the Illinois | ||||||
10 | Pension Code, as authorized in this Section. Beginning
July 1, | ||||||
11 | 1995, the Department of Central Management Services may make
| ||||||
12 | expenditures from the Teacher Health Insurance Security Fund | ||||||
13 | for those costs.
| ||||||
14 | After other funds authorized for the payment of the costs | ||||||
15 | of the health
benefit program established under Article 16 of | ||||||
16 | the Illinois Pension Code are
exhausted and until January 1, | ||||||
17 | 1996 (or such later date as may be agreed upon
by the Director | ||||||
18 | of Central Management Services and the Secretary of the
| ||||||
19 | Teachers' Retirement System), the Secretary of the Teachers' | ||||||
20 | Retirement System
may make expenditures from the Teacher Health | ||||||
21 | Insurance Security Fund as
necessary to pay up to 75% of the | ||||||
22 | cost of providing health coverage to eligible
benefit | ||||||
23 | recipients (as defined in Sections 16-153.1 and 16-153.3 of the
| ||||||
24 | Illinois Pension Code) who are enrolled in the Article 16 | ||||||
25 | health benefit
program and to facilitate the transfer of | ||||||
26 | administration of the health benefit
program to the Department |
| |||||||
| |||||||
1 | of Central Management Services.
| ||||||
2 | The Department of Central Management Healthcare and Family | ||||||
3 | Services, or any successor agency designated to procure | ||||||
4 | healthcare contracts pursuant to this Act, is authorized to | ||||||
5 | establish funds, separate accounts provided by any bank or | ||||||
6 | banks as defined by the Illinois Banking Act, or separate | ||||||
7 | accounts provided by any savings and loan association or | ||||||
8 | associations as defined by the Illinois Savings and Loan Act of | ||||||
9 | 1985 to be held by the Director, outside the State treasury, | ||||||
10 | for the purpose of receiving the transfer of moneys from the | ||||||
11 | Teacher Health Insurance Security Fund. The Department may | ||||||
12 | promulgate rules further defining the methodology for the | ||||||
13 | transfers. Any interest earned by moneys in the funds or | ||||||
14 | accounts shall inure to the Teacher Health Insurance Security | ||||||
15 | Fund. The transferred moneys, and interest accrued thereon, | ||||||
16 | shall be used exclusively for transfers to administrative | ||||||
17 | service organizations or their financial institutions for | ||||||
18 | payments of claims to claimants and providers under the | ||||||
19 | self-insurance health plan. The transferred moneys, and | ||||||
20 | interest accrued thereon, shall not be used for any other | ||||||
21 | purpose including, but not limited to, reimbursement of | ||||||
22 | administration fees due the administrative service | ||||||
23 | organization pursuant to its contract or contracts with the | ||||||
24 | Department.
| ||||||
25 | (g) Contract for benefits. The Director shall by contract, | ||||||
26 | self-insurance,
or otherwise make available the program of |
| |||||||
| |||||||
1 | health benefits for TRS benefit
recipients and their TRS | ||||||
2 | dependent beneficiaries that is provided for in this
Section. | ||||||
3 | The contract or other arrangement for the provision of these | ||||||
4 | health
benefits shall be on terms deemed by the Director to be | ||||||
5 | in the best interest of
the State of Illinois and the TRS | ||||||
6 | benefit recipients based on, but not limited
to, such criteria | ||||||
7 | as administrative cost, service capabilities of the carrier
or | ||||||
8 | other contractor, and the costs of the benefits.
| ||||||
9 | (g-5) Committee. A Teacher Retirement Insurance Program | ||||||
10 | Committee shall be established, to consist of 10 persons | ||||||
11 | appointed by the Governor.
| ||||||
12 | The Committee shall convene at least 4 times each year, and | ||||||
13 | shall consider and make recommendations on issues affecting the | ||||||
14 | program of health benefits provided under this
Section. | ||||||
15 | Recommendations of the Committee shall be based on a consensus | ||||||
16 | of the members of the Committee.
| ||||||
17 | If the Teacher
Health Insurance Security Fund experiences a | ||||||
18 | deficit balance based upon the contribution and subsidy rates | ||||||
19 | established in this Section and Section 6.6 for Fiscal Year | ||||||
20 | 2008 or thereafter, the Committee shall make recommendations | ||||||
21 | for adjustments to the funding sources established under these | ||||||
22 | Sections. | ||||||
23 | In addition, the Committee shall identify proposed | ||||||
24 | solutions to the funding shortfalls that are affecting the | ||||||
25 | Teacher Health Insurance Security Fund, and it shall report | ||||||
26 | those solutions to the Governor and the General Assembly within |
| |||||||
| |||||||
1 | 6 months after August 15, 2011 (the effective date of Public | ||||||
2 | Act 97-386). | ||||||
3 | (h) Continuation of program. It is the intention of
the | ||||||
4 | General Assembly that the program of health benefits provided | ||||||
5 | under this
Section be maintained on an ongoing, affordable | ||||||
6 | basis.
| ||||||
7 | The program of health benefits provided under this Section | ||||||
8 | may be amended by
the State and is not intended to be a pension | ||||||
9 | or retirement benefit subject to
protection under Article XIII, | ||||||
10 | Section 5 of the Illinois Constitution.
| ||||||
11 | (i) Repeal. (Blank).
| ||||||
12 | (Source: P.A. 96-1519, eff. 2-4-11; 97-386, eff. 8-15-11; | ||||||
13 | 97-813, eff. 7-13-12.)
| ||||||
14 | (5 ILCS 375/6.10)
| ||||||
15 | Sec. 6.10. Contributions to the Community College Health | ||||||
16 | Insurance
Security Fund.
| ||||||
17 | (a) Beginning January 1, 1999, every active contributor of | ||||||
18 | the State
Universities Retirement System (established under | ||||||
19 | Article 15 of the Illinois
Pension Code) who (1) is a full-time | ||||||
20 | employee of a community college district
(other than a | ||||||
21 | community college district subject to Article VII of the Public
| ||||||
22 | Community College Act)
or an association of community college | ||||||
23 | boards and (2) is not an employee as
defined in Section 3 of | ||||||
24 | this Act shall make contributions toward the cost of
community | ||||||
25 | college annuitant and survivor health benefits at the rate of |
| |||||||
| |||||||
1 | 0.50%
of salary.
| ||||||
2 | These contributions shall be deducted by the employer and | ||||||
3 | paid to the State
Universities Retirement System as service | ||||||
4 | agent for the Department of Central
Management Services. The | ||||||
5 | System may use the same processes for collecting the
| ||||||
6 | contributions required by this subsection that it uses to | ||||||
7 | collect the
contributions received from those employees under | ||||||
8 | Section 15-157 of the
Illinois Pension Code. An employer may | ||||||
9 | agree to pick up or pay the
contributions required under this | ||||||
10 | subsection on behalf of the employee;
such contributions shall | ||||||
11 | be deemed to have been paid by the employee.
| ||||||
12 | The State Universities Retirement System shall promptly | ||||||
13 | deposit all moneys
collected under this subsection (a) into the | ||||||
14 | Community College Health Insurance
Security Fund created in | ||||||
15 | Section 6.9 of this Act. The moneys collected under
this | ||||||
16 | Section shall be used only for the purposes authorized in | ||||||
17 | Section 6.9 of
this Act and shall not be considered to be | ||||||
18 | assets of the State Universities
Retirement System. | ||||||
19 | Contributions made under this Section are not transferable
to | ||||||
20 | other pension funds or retirement systems and are not | ||||||
21 | refundable upon
termination of service.
| ||||||
22 | (b) Beginning January 1, 1999, every community college | ||||||
23 | district
(other than a community college district subject to | ||||||
24 | Article VII of the Public
Community College Act) or association
| ||||||
25 | of community college boards that is an employer under the State | ||||||
26 | Universities
Retirement System shall contribute toward the |
| |||||||
| |||||||
1 | cost of the community college
health benefits provided under | ||||||
2 | Section 6.9 of this Act an amount equal to 0.50%
of the salary | ||||||
3 | paid to its full-time employees who participate in the State
| ||||||
4 | Universities Retirement System and are not members as defined | ||||||
5 | in Section 3 of
this Act.
| ||||||
6 | These contributions shall be paid by the employer to the | ||||||
7 | State Universities
Retirement System as service agent for the | ||||||
8 | Department of Central Management
Services. The System may use | ||||||
9 | the same processes for collecting the
contributions required by | ||||||
10 | this subsection that it uses to collect the
contributions | ||||||
11 | received from those employers under Section 15-155 of the
| ||||||
12 | Illinois Pension Code.
| ||||||
13 | The State Universities Retirement System shall promptly | ||||||
14 | deposit all moneys
collected under this subsection (b) into the | ||||||
15 | Community College Health Insurance
Security Fund created in | ||||||
16 | Section 6.9 of this Act. The moneys collected under
this | ||||||
17 | Section shall be used only for the purposes authorized in | ||||||
18 | Section 6.9 of
this Act and shall not be considered to be | ||||||
19 | assets of the State Universities
Retirement System. | ||||||
20 | Contributions made under this Section are not transferable
to | ||||||
21 | other pension funds or retirement systems and are not | ||||||
22 | refundable upon
termination of service.
| ||||||
23 | The Department of Central Management Healthcare and Family | ||||||
24 | Services, or any successor agency designated to procure | ||||||
25 | healthcare contracts pursuant to this Act, is authorized to | ||||||
26 | establish funds, separate accounts provided by any bank or |
| |||||||
| |||||||
1 | banks as defined by the Illinois Banking Act, or separate | ||||||
2 | accounts provided by any savings and loan association or | ||||||
3 | associations as defined by the Illinois Savings and Loan Act of | ||||||
4 | 1985 to be held by the Director, outside the State treasury, | ||||||
5 | for the purpose of receiving the transfer of moneys from the | ||||||
6 | Community College Health Insurance Security Fund. The | ||||||
7 | Department may promulgate rules further defining the | ||||||
8 | methodology for the transfers. Any interest earned by moneys in | ||||||
9 | the funds or accounts shall inure to the Community College | ||||||
10 | Health Insurance Security Fund. The transferred moneys, and | ||||||
11 | interest accrued thereon, shall be used exclusively for | ||||||
12 | transfers to administrative service organizations or their | ||||||
13 | financial institutions for payments of claims to claimants and | ||||||
14 | providers under the self-insurance health plan. The | ||||||
15 | transferred moneys, and interest accrued thereon, shall not be | ||||||
16 | used for any other purpose including, but not limited to, | ||||||
17 | reimbursement of administration fees due the administrative | ||||||
18 | service organization pursuant to its contract or contracts with | ||||||
19 | the Department.
| ||||||
20 | (c) On or before November 15 of each year, the Board of | ||||||
21 | Trustees of the
State Universities Retirement System shall | ||||||
22 | certify to the Governor, the
Director of Central Management | ||||||
23 | Services, and the State
Comptroller its estimate of the total | ||||||
24 | amount of contributions to be paid under
subsection (a) of this | ||||||
25 | Section for the next fiscal year. Beginning in fiscal year | ||||||
26 | 2008, the amount certified shall be decreased or increased each |
| |||||||
| |||||||
1 | year by the amount that the actual active employee | ||||||
2 | contributions either fell short of or exceeded the estimate | ||||||
3 | used by the Board in making the certification for the previous | ||||||
4 | fiscal year. The State Universities Retirement System shall | ||||||
5 | calculate the amount of actual active employee contributions in | ||||||
6 | fiscal years 1999 through 2005. Based upon this calculation, | ||||||
7 | the fiscal year 2008 certification shall include an amount | ||||||
8 | equal to the cumulative amount that the actual active employee | ||||||
9 | contributions either fell short of or exceeded the estimate | ||||||
10 | used by the Board in making the certification for those fiscal | ||||||
11 | years. The certification
shall include a detailed explanation | ||||||
12 | of the methods and information that the
Board relied upon in | ||||||
13 | preparing its estimate. As soon as possible after the
effective | ||||||
14 | date of this Section, the Board shall submit its estimate for | ||||||
15 | fiscal
year 1999.
| ||||||
16 | (d) Beginning in fiscal year 1999, on the first day of each | ||||||
17 | month, or as
soon thereafter as may be practical, the State | ||||||
18 | Treasurer and the State
Comptroller shall transfer from the | ||||||
19 | General Revenue Fund to the Community
College Health Insurance | ||||||
20 | Security Fund 1/12 of the annual amount appropriated
for that | ||||||
21 | fiscal year to the State Comptroller for deposit into the | ||||||
22 | Community
College Health Insurance Security Fund under Section | ||||||
23 | 1.4 of the State Pension
Funds Continuing Appropriation Act.
| ||||||
24 | (e) Except where otherwise specified in this Section, the | ||||||
25 | definitions
that apply to Article 15 of the Illinois Pension | ||||||
26 | Code apply to this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-839, eff. 6-6-06; 95-632, eff. 9-25-07.)
| ||||||
2 | (5 ILCS 375/10) (from Ch. 127, par. 530)
| ||||||
3 | Sec. 10. Contributions by the State and members.
| ||||||
4 | (a) The State shall pay the cost of basic non-contributory | ||||||
5 | group life
insurance and, subject to member paid contributions | ||||||
6 | set by the Department or
required by this Section and except as | ||||||
7 | provided in this Section, the basic program of group health | ||||||
8 | benefits on each
eligible member, except a member, not | ||||||
9 | otherwise
covered by this Act, who has retired as a | ||||||
10 | participating member under Article 2
of the Illinois Pension | ||||||
11 | Code but is ineligible for the retirement annuity under
Section | ||||||
12 | 2-119 of the Illinois Pension Code, and part of each eligible | ||||||
13 | member's
and retired member's premiums for health insurance | ||||||
14 | coverage for enrolled
dependents as provided by Section 9. The | ||||||
15 | State shall pay the cost of the basic
program of group health | ||||||
16 | benefits only after benefits are reduced by the amount
of | ||||||
17 | benefits covered by Medicare for all members and dependents
who | ||||||
18 | are eligible for benefits under Social Security or
the Railroad | ||||||
19 | Retirement system or who had sufficient Medicare-covered
| ||||||
20 | government employment, except that such reduction in benefits | ||||||
21 | shall apply only
to those members and dependents who (1) first | ||||||
22 | become eligible
for such Medicare coverage on or after July 1, | ||||||
23 | 1992; or (2) are
Medicare-eligible members or dependents of a | ||||||
24 | local government unit which began
participation in the program | ||||||
25 | on or after July 1, 1992; or (3) remain eligible
for, but no |
| |||||||
| |||||||
1 | longer receive Medicare coverage which they had been receiving | ||||||
2 | on
or after July 1, 1992. The Department may determine the | ||||||
3 | aggregate level of the
State's contribution on the basis of | ||||||
4 | actual cost of medical services adjusted
for age, sex or | ||||||
5 | geographic or other demographic characteristics which affect
| ||||||
6 | the costs of such programs.
| ||||||
7 | The cost of participation in the basic program of group | ||||||
8 | health benefits
for the dependent or survivor of a living or | ||||||
9 | deceased retired employee who was
formerly employed by the | ||||||
10 | University of Illinois in the Cooperative Extension
Service and | ||||||
11 | would be an annuitant but for the fact that he or she was made
| ||||||
12 | ineligible to participate in the State Universities Retirement | ||||||
13 | System by clause
(4) of subsection (a) of Section 15-107 of the | ||||||
14 | Illinois Pension Code shall not
be greater than the cost of | ||||||
15 | participation that would otherwise apply to that
dependent or | ||||||
16 | survivor if he or she were the dependent or survivor of an
| ||||||
17 | annuitant under the State Universities Retirement System.
| ||||||
18 | (a-1) (Blank).
| ||||||
19 | (a-2) (Blank).
| ||||||
20 | (a-3) (Blank).
| ||||||
21 | (a-4) (Blank).
| ||||||
22 | (a-5) (Blank).
| ||||||
23 | (a-6) (Blank).
| ||||||
24 | (a-7) (Blank).
| ||||||
25 | (a-8) Any annuitant, survivor, or retired employee may | ||||||
26 | waive or terminate coverage in
the program of group health |
| |||||||
| |||||||
1 | benefits. Any such annuitant, survivor, or retired employee
who | ||||||
2 | has waived or terminated coverage may enroll or re-enroll in | ||||||
3 | the
program of group health benefits only during the annual | ||||||
4 | benefit choice period,
as determined by the Director; except | ||||||
5 | that in the event of termination of
coverage due to nonpayment | ||||||
6 | of premiums, the annuitant, survivor, or retired employee
may | ||||||
7 | not re-enroll in the program.
| ||||||
8 | (a-8.5) Beginning on the effective date of this amendatory | ||||||
9 | Act of the 97th General Assembly, the Director of Central | ||||||
10 | Management Services shall, on an annual basis, determine the | ||||||
11 | amount that the State shall contribute toward the basic program | ||||||
12 | of group health benefits on behalf of annuitants (including | ||||||
13 | individuals who (i) participated in the General Assembly | ||||||
14 | Retirement System, the State Employees' Retirement System of | ||||||
15 | Illinois, the State Universities Retirement System, the | ||||||
16 | Teachers' Retirement System of the State of Illinois, or the | ||||||
17 | Judges Retirement System of Illinois and (ii) qualify as | ||||||
18 | annuitants under subsection (b) of Section 3 of this Act), | ||||||
19 | survivors (including individuals who (i) receive an annuity as | ||||||
20 | a survivor of an individual who participated in the General | ||||||
21 | Assembly Retirement System, the State Employees' Retirement | ||||||
22 | System of Illinois, the State Universities Retirement System, | ||||||
23 | the Teachers' Retirement System of the State of Illinois, or | ||||||
24 | the Judges Retirement System of Illinois and (ii) qualify as | ||||||
25 | survivors under subsection (q) of Section 3 of this Act), and | ||||||
26 | retired employees (as defined in subsection (p) of Section 3 of |
| |||||||
| |||||||
1 | this Act). The remainder of the cost of coverage for each | ||||||
2 | annuitant, survivor, or retired employee, as determined by the | ||||||
3 | Director of Central Management Services, shall be the | ||||||
4 | responsibility of that annuitant, survivor, or retired | ||||||
5 | employee. | ||||||
6 | Contributions required of annuitants, survivors, and | ||||||
7 | retired employees shall be the same for all retirement systems | ||||||
8 | and shall also be based on whether an individual has made an | ||||||
9 | election under Section 15-135.1 of the Illinois Pension Code. | ||||||
10 | Contributions may be based on annuitants', survivors', or | ||||||
11 | retired employees' Medicare eligibility, but may not be based | ||||||
12 | on Social Security eligibility. | ||||||
13 | (a-9) No later than May 1 of each calendar year, the | ||||||
14 | Director
of Central Management Services shall certify in | ||||||
15 | writing to the Executive
Secretary of the State Employees' | ||||||
16 | Retirement System of Illinois the amounts
of the Medicare | ||||||
17 | supplement health care premiums and the amounts of the
health | ||||||
18 | care premiums for all other retirees who are not Medicare | ||||||
19 | eligible.
| ||||||
20 | A separate calculation of the premiums based upon the | ||||||
21 | actual cost of each
health care plan shall be so certified.
| ||||||
22 | The Director of Central Management Services shall provide | ||||||
23 | to the
Executive Secretary of the State Employees' Retirement | ||||||
24 | System of
Illinois such information, statistics, and other data | ||||||
25 | as he or she
may require to review the premium amounts | ||||||
26 | certified by the Director
of Central Management Services.
|
| |||||||
| |||||||
1 | The Department of Central Management Healthcare and Family | ||||||
2 | Services, or any successor agency designated to procure | ||||||
3 | healthcare contracts pursuant to this Act, is authorized to | ||||||
4 | establish funds, separate accounts provided by any bank or | ||||||
5 | banks as defined by the Illinois Banking Act, or separate | ||||||
6 | accounts provided by any savings and loan association or | ||||||
7 | associations as defined by the Illinois Savings and Loan Act of | ||||||
8 | 1985 to be held by the Director, outside the State treasury, | ||||||
9 | for the purpose of receiving the transfer of moneys from the | ||||||
10 | Local Government Health Insurance Reserve Fund. The Department | ||||||
11 | may promulgate rules further defining the methodology for the | ||||||
12 | transfers. Any interest earned by moneys in the funds or | ||||||
13 | accounts shall inure to the Local Government Health Insurance | ||||||
14 | Reserve Fund. The transferred moneys, and interest accrued | ||||||
15 | thereon, shall be used exclusively for transfers to | ||||||
16 | administrative service organizations or their financial | ||||||
17 | institutions for payments of claims to claimants and providers | ||||||
18 | under the self-insurance health plan. The transferred moneys, | ||||||
19 | and interest accrued thereon, shall not be used for any other | ||||||
20 | purpose including, but not limited to, reimbursement of | ||||||
21 | administration fees due the administrative service | ||||||
22 | organization pursuant to its contract or contracts with the | ||||||
23 | Department.
| ||||||
24 | (b) State employees who become eligible for this program on | ||||||
25 | or after January
1, 1980 in positions normally requiring actual | ||||||
26 | performance of duty not less
than 1/2 of a normal work period |
| |||||||
| |||||||
1 | but not equal to that of a normal work period,
shall be given | ||||||
2 | the option of participating in the available program. If the
| ||||||
3 | employee elects coverage, the State shall contribute on behalf | ||||||
4 | of such employee
to the cost of the employee's benefit and any | ||||||
5 | applicable dependent supplement,
that sum which bears the same | ||||||
6 | percentage as that percentage of time the
employee regularly | ||||||
7 | works when compared to normal work period.
| ||||||
8 | (c) The basic non-contributory coverage from the basic | ||||||
9 | program of
group health benefits shall be continued for each | ||||||
10 | employee not in pay status or
on active service by reason of | ||||||
11 | (1) leave of absence due to illness or injury,
(2) authorized | ||||||
12 | educational leave of absence or sabbatical leave, or (3)
| ||||||
13 | military leave. This coverage shall continue until
expiration | ||||||
14 | of authorized leave and return to active service, but not to | ||||||
15 | exceed
24 months for leaves under item (1) or (2). This | ||||||
16 | 24-month limitation and the
requirement of returning to active | ||||||
17 | service shall not apply to persons receiving
ordinary or | ||||||
18 | accidental disability benefits or retirement benefits through | ||||||
19 | the
appropriate State retirement system or benefits under the | ||||||
20 | Workers' Compensation
or Occupational Disease Act.
| ||||||
21 | (d) The basic group life insurance coverage shall continue, | ||||||
22 | with
full State contribution, where such person is (1) absent | ||||||
23 | from active
service by reason of disability arising from any | ||||||
24 | cause other than
self-inflicted, (2) on authorized educational | ||||||
25 | leave of absence or
sabbatical leave, or (3) on military leave.
| ||||||
26 | (e) Where the person is in non-pay status for a period in |
| |||||||
| |||||||
1 | excess of
30 days or on leave of absence, other than by reason | ||||||
2 | of disability,
educational or sabbatical leave, or military | ||||||
3 | leave, such
person may continue coverage only by making | ||||||
4 | personal
payment equal to the amount normally contributed by | ||||||
5 | the State on such person's
behalf. Such payments and coverage | ||||||
6 | may be continued: (1) until such time as
the person returns to | ||||||
7 | a status eligible for coverage at State expense, but not
to | ||||||
8 | exceed 24 months or (2) until such person's employment or | ||||||
9 | annuitant status
with the State is terminated (exclusive of any | ||||||
10 | additional service imposed pursuant to law).
| ||||||
11 | (f) The Department shall establish by rule the extent to | ||||||
12 | which other
employee benefits will continue for persons in | ||||||
13 | non-pay status or who are
not in active service.
| ||||||
14 | (g) The State shall not pay the cost of the basic | ||||||
15 | non-contributory
group life insurance, program of health | ||||||
16 | benefits and other employee benefits
for members who are | ||||||
17 | survivors as defined by paragraphs (1) and (2) of
subsection | ||||||
18 | (q) of Section 3 of this Act. The costs of benefits for these
| ||||||
19 | survivors shall be paid by the survivors or by the University | ||||||
20 | of Illinois
Cooperative Extension Service, or any combination | ||||||
21 | thereof.
However, the State shall pay the amount of the | ||||||
22 | reduction in the cost of
participation, if any, resulting from | ||||||
23 | the amendment to subsection (a) made
by this amendatory Act of | ||||||
24 | the 91st General Assembly.
| ||||||
25 | (h) Those persons occupying positions with any department | ||||||
26 | as a result
of emergency appointments pursuant to Section 8b.8 |
| |||||||
| |||||||
1 | of the Personnel Code
who are not considered employees under | ||||||
2 | this Act shall be given the option
of participating in the | ||||||
3 | programs of group life insurance, health benefits and
other | ||||||
4 | employee benefits. Such persons electing coverage may | ||||||
5 | participate only
by making payment equal to the amount normally | ||||||
6 | contributed by the State for
similarly situated employees. Such | ||||||
7 | amounts shall be determined by the
Director. Such payments and | ||||||
8 | coverage may be continued until such time as the
person becomes | ||||||
9 | an employee pursuant to this Act or such person's appointment | ||||||
10 | is
terminated.
| ||||||
11 | (i) Any unit of local government within the State of | ||||||
12 | Illinois
may apply to the Director to have its employees, | ||||||
13 | annuitants, and their
dependents provided group health | ||||||
14 | coverage under this Act on a non-insured
basis. To participate, | ||||||
15 | a unit of local government must agree to enroll
all of its | ||||||
16 | employees, who may select coverage under either the State group
| ||||||
17 | health benefits plan or a health maintenance organization that | ||||||
18 | has
contracted with the State to be available as a health care | ||||||
19 | provider for
employees as defined in this Act. A unit of local | ||||||
20 | government must remit the
entire cost of providing coverage | ||||||
21 | under the State group health benefits plan
or, for coverage | ||||||
22 | under a health maintenance organization, an amount determined
| ||||||
23 | by the Director based on an analysis of the sex, age, | ||||||
24 | geographic location, or
other relevant demographic variables | ||||||
25 | for its employees, except that the unit of
local government | ||||||
26 | shall not be required to enroll those of its employees who are
|
| |||||||
| |||||||
1 | covered spouses or dependents under this plan or another group | ||||||
2 | policy or plan
providing health benefits as long as (1) an | ||||||
3 | appropriate official from the unit
of local government attests | ||||||
4 | that each employee not enrolled is a covered spouse
or | ||||||
5 | dependent under this plan or another group policy or plan, and | ||||||
6 | (2) at least
50% of the employees are enrolled and the unit of | ||||||
7 | local government remits
the entire cost of providing coverage | ||||||
8 | to those employees, except that a
participating school district | ||||||
9 | must have enrolled at least 50% of its full-time
employees who | ||||||
10 | have not waived coverage under the district's group health
plan | ||||||
11 | by participating in a component of the district's cafeteria | ||||||
12 | plan. A
participating school district is not required to enroll | ||||||
13 | a full-time employee
who has waived coverage under the | ||||||
14 | district's health plan, provided that an
appropriate official | ||||||
15 | from the participating school district attests that the
| ||||||
16 | full-time employee has waived coverage by participating in a | ||||||
17 | component of the
district's cafeteria plan. For the purposes of | ||||||
18 | this subsection, "participating
school district" includes a | ||||||
19 | unit of local government whose primary purpose is
education as | ||||||
20 | defined by the Department's rules.
| ||||||
21 | Employees of a participating unit of local government who | ||||||
22 | are not enrolled
due to coverage under another group health | ||||||
23 | policy or plan may enroll in
the event of a qualifying change | ||||||
24 | in status, special enrollment, special
circumstance as defined | ||||||
25 | by the Director, or during the annual Benefit Choice
Period. A | ||||||
26 | participating unit of local government may also elect to cover |
| |||||||
| |||||||
1 | its
annuitants. Dependent coverage shall be offered on an | ||||||
2 | optional basis, with the
costs paid by the unit of local | ||||||
3 | government, its employees, or some combination
of the two as | ||||||
4 | determined by the unit of local government. The unit of local
| ||||||
5 | government shall be responsible for timely collection and | ||||||
6 | transmission of
dependent premiums.
| ||||||
7 | The Director shall annually determine monthly rates of | ||||||
8 | payment, subject
to the following constraints:
| ||||||
9 | (1) In the first year of coverage, the rates shall be | ||||||
10 | equal to the
amount normally charged to State employees for | ||||||
11 | elected optional coverages
or for enrolled dependents | ||||||
12 | coverages or other contributory coverages, or
contributed | ||||||
13 | by the State for basic insurance coverages on behalf of its
| ||||||
14 | employees, adjusted for differences between State | ||||||
15 | employees and employees
of the local government in age, | ||||||
16 | sex, geographic location or other relevant
demographic | ||||||
17 | variables, plus an amount sufficient to pay for the | ||||||
18 | additional
administrative costs of providing coverage to | ||||||
19 | employees of the unit of
local government and their | ||||||
20 | dependents.
| ||||||
21 | (2) In subsequent years, a further adjustment shall be | ||||||
22 | made to reflect
the actual prior years' claims experience | ||||||
23 | of the employees of the unit of
local government.
| ||||||
24 | In the case of coverage of local government employees under | ||||||
25 | a health
maintenance organization, the Director shall annually | ||||||
26 | determine for each
participating unit of local government the |
| |||||||
| |||||||
1 | maximum monthly amount the unit
may contribute toward that | ||||||
2 | coverage, based on an analysis of (i) the age,
sex, geographic | ||||||
3 | location, and other relevant demographic variables of the
| ||||||
4 | unit's employees and (ii) the cost to cover those employees | ||||||
5 | under the State
group health benefits plan. The Director may | ||||||
6 | similarly determine the
maximum monthly amount each unit of | ||||||
7 | local government may contribute toward
coverage of its | ||||||
8 | employees' dependents under a health maintenance organization.
| ||||||
9 | Monthly payments by the unit of local government or its | ||||||
10 | employees for
group health benefits plan or health maintenance | ||||||
11 | organization coverage shall
be deposited in the Local | ||||||
12 | Government Health Insurance Reserve Fund.
| ||||||
13 | The Local Government Health Insurance Reserve Fund is | ||||||
14 | hereby created as a nonappropriated trust fund to be held | ||||||
15 | outside the State Treasury, with the State Treasurer as | ||||||
16 | custodian. The Local Government Health Insurance Reserve Fund | ||||||
17 | shall be a continuing
fund not subject to fiscal year | ||||||
18 | limitations. The Local Government Health Insurance Reserve | ||||||
19 | Fund is not subject to administrative charges or charge-backs, | ||||||
20 | including but not limited to those authorized under Section 8h | ||||||
21 | of the State Finance Act. All revenues arising from the | ||||||
22 | administration of the health benefits program established | ||||||
23 | under this Section shall be deposited into the Local Government | ||||||
24 | Health Insurance Reserve Fund. Any interest earned on moneys in | ||||||
25 | the Local Government Health Insurance Reserve Fund shall be | ||||||
26 | deposited into the Fund. All expenditures from this Fund
shall |
| |||||||
| |||||||
1 | be used for payments for health care benefits for local | ||||||
2 | government and rehabilitation facility
employees, annuitants, | ||||||
3 | and dependents, and to reimburse the Department or
its | ||||||
4 | administrative service organization for all expenses incurred | ||||||
5 | in the
administration of benefits. No other State funds may be | ||||||
6 | used for these
purposes.
| ||||||
7 | A local government employer's participation or desire to | ||||||
8 | participate
in a program created under this subsection shall | ||||||
9 | not limit that employer's
duty to bargain with the | ||||||
10 | representative of any collective bargaining unit
of its | ||||||
11 | employees.
| ||||||
12 | (j) Any rehabilitation facility within the State of | ||||||
13 | Illinois may apply
to the Director to have its employees, | ||||||
14 | annuitants, and their eligible
dependents provided group | ||||||
15 | health coverage under this Act on a non-insured
basis. To | ||||||
16 | participate, a rehabilitation facility must agree to enroll all
| ||||||
17 | of its employees and remit the entire cost of providing such | ||||||
18 | coverage for
its employees, except that the rehabilitation | ||||||
19 | facility shall not be
required to enroll those of its employees | ||||||
20 | who are covered spouses or
dependents under this plan or | ||||||
21 | another group policy or plan providing health
benefits as long | ||||||
22 | as (1) an appropriate official from the rehabilitation
facility | ||||||
23 | attests that each employee not enrolled is a covered spouse or
| ||||||
24 | dependent under this plan or another group policy or plan, and | ||||||
25 | (2) at least
50% of the employees are enrolled and the | ||||||
26 | rehabilitation facility remits
the entire cost of providing |
| |||||||
| |||||||
1 | coverage to those employees. Employees of a
participating | ||||||
2 | rehabilitation facility who are not enrolled due to coverage
| ||||||
3 | under another group health policy or plan may enroll
in the | ||||||
4 | event of a qualifying change in status, special enrollment, | ||||||
5 | special
circumstance as defined by the Director, or during the | ||||||
6 | annual Benefit Choice
Period. A participating rehabilitation | ||||||
7 | facility may also elect
to cover its annuitants. Dependent | ||||||
8 | coverage shall be offered on an optional
basis, with the costs | ||||||
9 | paid by the rehabilitation facility, its employees, or
some | ||||||
10 | combination of the 2 as determined by the rehabilitation | ||||||
11 | facility. The
rehabilitation facility shall be responsible for | ||||||
12 | timely collection and
transmission of dependent premiums.
| ||||||
13 | The Director shall annually determine quarterly rates of | ||||||
14 | payment, subject
to the following constraints:
| ||||||
15 | (1) In the first year of coverage, the rates shall be | ||||||
16 | equal to the amount
normally charged to State employees for | ||||||
17 | elected optional coverages or for
enrolled dependents | ||||||
18 | coverages or other contributory coverages on behalf of
its | ||||||
19 | employees, adjusted for differences between State | ||||||
20 | employees and
employees of the rehabilitation facility in | ||||||
21 | age, sex, geographic location
or other relevant | ||||||
22 | demographic variables, plus an amount sufficient to pay
for | ||||||
23 | the additional administrative costs of providing coverage | ||||||
24 | to employees
of the rehabilitation facility and their | ||||||
25 | dependents.
| ||||||
26 | (2) In subsequent years, a further adjustment shall be |
| |||||||
| |||||||
1 | made to reflect
the actual prior years' claims experience | ||||||
2 | of the employees of the
rehabilitation facility.
| ||||||
3 | Monthly payments by the rehabilitation facility or its | ||||||
4 | employees for
group health benefits shall be deposited in the | ||||||
5 | Local Government Health
Insurance Reserve Fund.
| ||||||
6 | (k) Any domestic violence shelter or service within the | ||||||
7 | State of Illinois
may apply to the Director to have its | ||||||
8 | employees, annuitants, and their
dependents provided group | ||||||
9 | health coverage under this Act on a non-insured
basis. To | ||||||
10 | participate, a domestic violence shelter or service must agree | ||||||
11 | to
enroll all of its employees and pay the entire cost of | ||||||
12 | providing such coverage
for its employees. The domestic | ||||||
13 | violence shelter shall not be required to enroll those of its | ||||||
14 | employees who are covered spouses or dependents under this plan | ||||||
15 | or another group policy or plan providing health benefits as | ||||||
16 | long as (1) an appropriate official from the domestic violence | ||||||
17 | shelter attests that each employee not enrolled is a covered | ||||||
18 | spouse or dependent under this plan or another group policy or | ||||||
19 | plan and (2) at least 50% of the employees are enrolled and the | ||||||
20 | domestic violence shelter remits the entire cost of providing | ||||||
21 | coverage to those employees. Employees of a participating | ||||||
22 | domestic violence shelter who are not enrolled due to coverage | ||||||
23 | under another group health policy or plan may enroll in the | ||||||
24 | event of a qualifying change in status, special enrollment, or | ||||||
25 | special circumstance as defined by the Director or during the | ||||||
26 | annual Benefit Choice Period. A participating domestic |
| |||||||
| |||||||
1 | violence shelter may also elect
to cover its annuitants. | ||||||
2 | Dependent coverage shall be offered on an optional
basis, with
| ||||||
3 | employees, or some combination of the 2 as determined by the | ||||||
4 | domestic violence
shelter or service. The domestic violence | ||||||
5 | shelter or service shall be
responsible for timely collection | ||||||
6 | and transmission of dependent premiums.
| ||||||
7 | The Director shall annually determine rates of payment,
| ||||||
8 | subject to the following constraints:
| ||||||
9 | (1) In the first year of coverage, the rates shall be | ||||||
10 | equal to the
amount normally charged to State employees for | ||||||
11 | elected optional coverages
or for enrolled dependents | ||||||
12 | coverages or other contributory coverages on
behalf of its | ||||||
13 | employees, adjusted for differences between State | ||||||
14 | employees and
employees of the domestic violence shelter or | ||||||
15 | service in age, sex, geographic
location or other relevant | ||||||
16 | demographic variables, plus an amount sufficient
to pay for | ||||||
17 | the additional administrative costs of providing coverage | ||||||
18 | to
employees of the domestic violence shelter or service | ||||||
19 | and their dependents.
| ||||||
20 | (2) In subsequent years, a further adjustment shall be | ||||||
21 | made to reflect
the actual prior years' claims experience | ||||||
22 | of the employees of the domestic
violence shelter or | ||||||
23 | service.
| ||||||
24 | Monthly payments by the domestic violence shelter or | ||||||
25 | service or its employees
for group health insurance shall be | ||||||
26 | deposited in the Local Government Health
Insurance Reserve |
| |||||||
| |||||||
1 | Fund.
| ||||||
2 | (l) A public community college or entity organized pursuant | ||||||
3 | to the
Public Community College Act may apply to the Director | ||||||
4 | initially to have
only annuitants not covered prior to July 1, | ||||||
5 | 1992 by the district's health
plan provided health coverage | ||||||
6 | under this Act on a non-insured basis. The
community college | ||||||
7 | must execute a 2-year contract to participate in the
Local | ||||||
8 | Government Health Plan.
Any annuitant may enroll in the event | ||||||
9 | of a qualifying change in status, special
enrollment, special | ||||||
10 | circumstance as defined by the Director, or during the
annual | ||||||
11 | Benefit Choice Period.
| ||||||
12 | The Director shall annually determine monthly rates of | ||||||
13 | payment subject to
the following constraints: for those | ||||||
14 | community colleges with annuitants
only enrolled, first year | ||||||
15 | rates shall be equal to the average cost to cover
claims for a | ||||||
16 | State member adjusted for demographics, Medicare
| ||||||
17 | participation, and other factors; and in the second year, a | ||||||
18 | further adjustment
of rates shall be made to reflect the actual | ||||||
19 | first year's claims experience
of the covered annuitants.
| ||||||
20 | (l-5) The provisions of subsection (l) become inoperative | ||||||
21 | on July 1, 1999.
| ||||||
22 | (m) The Director shall adopt any rules deemed necessary for
| ||||||
23 | implementation of this amendatory Act of 1989 (Public Act | ||||||
24 | 86-978).
| ||||||
25 | (n) Any child advocacy center within the State of Illinois | ||||||
26 | may apply to the Director to have its employees, annuitants, |
| |||||||
| |||||||
1 | and their dependents provided group health coverage under this | ||||||
2 | Act on a non-insured basis. To participate, a child advocacy | ||||||
3 | center must agree to enroll all of its employees and pay the | ||||||
4 | entire cost of providing coverage for its employees. The child
| ||||||
5 | advocacy center shall not be required to enroll those of its
| ||||||
6 | employees who are covered spouses or dependents under this plan
| ||||||
7 | or another group policy or plan providing health benefits as
| ||||||
8 | long as (1) an appropriate official from the child advocacy
| ||||||
9 | center attests that each employee not enrolled is a covered
| ||||||
10 | spouse or dependent under this plan or another group policy or
| ||||||
11 | plan and (2) at least 50% of the employees are enrolled and the | ||||||
12 | child advocacy center remits the entire cost of providing | ||||||
13 | coverage to those employees. Employees of a participating child | ||||||
14 | advocacy center who are not enrolled due to coverage under | ||||||
15 | another group health policy or plan may enroll in the event of | ||||||
16 | a qualifying change in status, special enrollment, or special | ||||||
17 | circumstance as defined by the Director or during the annual | ||||||
18 | Benefit Choice Period. A participating child advocacy center | ||||||
19 | may also elect to cover its annuitants. Dependent coverage | ||||||
20 | shall be offered on an optional basis, with the costs paid by | ||||||
21 | the child advocacy center, its employees, or some combination | ||||||
22 | of the 2 as determined by the child advocacy center. The child | ||||||
23 | advocacy center shall be responsible for timely collection and | ||||||
24 | transmission of dependent premiums. | ||||||
25 | The Director shall annually determine rates of payment, | ||||||
26 | subject to the following constraints: |
| |||||||
| |||||||
1 | (1) In the first year of coverage, the rates shall be | ||||||
2 | equal to the amount normally charged to State employees for | ||||||
3 | elected optional coverages or for enrolled dependents | ||||||
4 | coverages or other contributory coverages on behalf of its | ||||||
5 | employees, adjusted for differences between State | ||||||
6 | employees and employees of the child advocacy center in | ||||||
7 | age, sex, geographic location, or other relevant | ||||||
8 | demographic variables, plus an amount sufficient to pay for | ||||||
9 | the additional administrative costs of providing coverage | ||||||
10 | to employees of the child advocacy center and their | ||||||
11 | dependents. | ||||||
12 | (2) In subsequent years, a further adjustment shall be | ||||||
13 | made to reflect the actual prior years' claims experience | ||||||
14 | of the employees of the child advocacy center. | ||||||
15 | Monthly payments by the child advocacy center or its | ||||||
16 | employees for group health insurance shall be deposited into | ||||||
17 | the Local Government Health Insurance Reserve Fund. | ||||||
18 | (Source: P.A. 96-756, eff. 1-1-10; 96-1232, eff. 7-23-10; | ||||||
19 | 96-1519, eff. 2-4-11; 97-695, eff. 7-1-12.)
| ||||||
20 | (5 ILCS 375/13.1) (from Ch. 127, par. 533.1)
| ||||||
21 | Sec. 13.1. (a) All contributions, appropriations, | ||||||
22 | interest, and dividend
payments to fund the program of health | ||||||
23 | benefits and other employee benefits, and all other revenues | ||||||
24 | arising from the administration of any employee health benefits | ||||||
25 | program,
shall be deposited in a trust fund outside the State |
| |||||||
| |||||||
1 | Treasury, with the State
Treasurer as ex-officio custodian, to | ||||||
2 | be known as the Health Insurance Reserve
Fund.
| ||||||
3 | (b) Upon the adoption of a self-insurance health plan, any | ||||||
4 | monies
attributable to the group health insurance program shall | ||||||
5 | be deposited in or
transferred to the Health Insurance Reserve | ||||||
6 | Fund for use by the Department.
As of the effective date of | ||||||
7 | this amendatory Act of 1986, the Department
shall certify to | ||||||
8 | the Comptroller the amount of money in the Group Insurance
| ||||||
9 | Premium Fund attributable to the State group health insurance | ||||||
10 | program and the
Comptroller shall transfer such money from the | ||||||
11 | Group Insurance Premium Fund
to the Health Insurance Reserve | ||||||
12 | Fund. Contributions by the State to the
Health Insurance | ||||||
13 | Reserve Fund to meet the requirements of this Act, as
| ||||||
14 | established by the Director, from the General Revenue Fund and | ||||||
15 | the Road
Fund to the Health Insurance Reserve Fund shall be by | ||||||
16 | annual
appropriations, and all other contributions to meet the | ||||||
17 | requirements of the
programs of health benefits or other | ||||||
18 | employee benefits shall be deposited
in the Health Insurance | ||||||
19 | Reserve Fund. The Department shall draw the
appropriation from | ||||||
20 | the General Revenue Fund and the Road Fund from time to
time as | ||||||
21 | necessary to make expenditures authorized under this Act.
| ||||||
22 | The Director may employ such assistance and services and | ||||||
23 | may purchase
such goods as may be necessary for the proper | ||||||
24 | development and
administration of any of the benefit programs | ||||||
25 | authorized by this Act. The
Director may promulgate rules and | ||||||
26 | regulations in regard to the
administration of these programs.
|
| |||||||
| |||||||
1 | All monies received by the Department for deposit in or | ||||||
2 | transfer to the
Health Insurance Reserve Fund, through | ||||||
3 | appropriation or otherwise, shall be
used to provide for the | ||||||
4 | making of payments to claimants and providers and
to reimburse | ||||||
5 | the Department for all expenses directly incurred relating to
| ||||||
6 | Department development and administration of the program of | ||||||
7 | health benefits
and other employee benefits.
| ||||||
8 | Any administrative service organization administering any | ||||||
9 | self-insurance
health plan and paying claims and benefits under | ||||||
10 | authority of this Act may
receive, pursuant to written | ||||||
11 | authorization and direction of the Director,
an initial | ||||||
12 | transfer and periodic transfers of funds from the Health
| ||||||
13 | Insurance Reserve Fund in amounts determined by the Director | ||||||
14 | who may
consider the amount recommended by the administrative | ||||||
15 | service organization.
Notwithstanding any other statute, such | ||||||
16 | transferred funds shall be
retained by the administrative | ||||||
17 | service organization in a separate
account provided by any bank | ||||||
18 | as defined by the Illinois Banking
Act. The Department may | ||||||
19 | promulgate regulations further defining the banks
authorized | ||||||
20 | to accept such funds and all methodology for transfer of such
| ||||||
21 | funds. Any interest earned by monies in such
account shall | ||||||
22 | inure to the Health Insurance Reserve Fund, shall remain
in | ||||||
23 | such account and shall be used exclusively to pay claims and | ||||||
24 | benefits
under this Act. Such transferred funds shall be used | ||||||
25 | exclusively for
administrative service organization payment of | ||||||
26 | claims to claimants and
providers under the self-insurance |
| |||||||
| |||||||
1 | health plan by the drawing of checks
against such account. The | ||||||
2 | administrative service organization may not use
such | ||||||
3 | transferred funds, or interest accrued thereon, for any other | ||||||
4 | purpose
including, but not limited to, reimbursement of | ||||||
5 | administrative expenses or
payments of administration fees due | ||||||
6 | the organization pursuant to its
contract or contracts with the | ||||||
7 | Department of Central Management Services.
| ||||||
8 | The account of the administrative service organization | ||||||
9 | established under
this Section, any transfers from the Health | ||||||
10 | Insurance Reserve Fund to
such account and the use of such | ||||||
11 | account and funds shall be subject
to (1) audit by the | ||||||
12 | Department or private contractor authorized by the
Department | ||||||
13 | to conduct audits, and (2) post audit pursuant to the
Illinois | ||||||
14 | State Auditing Act.
| ||||||
15 | The Department of Central Management Healthcare and Family | ||||||
16 | Services, or any successor agency designated to procure | ||||||
17 | healthcare contracts pursuant to this Act, is authorized to | ||||||
18 | establish funds, separate accounts provided by any bank or | ||||||
19 | banks as defined by the Illinois Banking Act, or separate | ||||||
20 | accounts provided by any savings and loan association or | ||||||
21 | associations as defined by the Illinois Savings and Loan Act of | ||||||
22 | 1985 to be held by the Director, outside the State treasury, | ||||||
23 | for the purpose of receiving the transfer of moneys from the | ||||||
24 | Health Insurance Reserve Fund. The Department may promulgate | ||||||
25 | rules further defining the methodology for the transfers. Any | ||||||
26 | interest earned by monies in the funds or accounts shall inure |
| |||||||
| |||||||
1 | to the Health Insurance Reserve Fund. The transferred moneys, | ||||||
2 | and interest accrued thereon, shall be used exclusively for | ||||||
3 | transfers to administrative service organizations or their | ||||||
4 | financial institutions for payments of claims to claimants and | ||||||
5 | providers under the self-insurance health plan. The | ||||||
6 | transferred moneys, and interest accrued thereon, shall not be | ||||||
7 | used for any other purpose including, but not limited to, | ||||||
8 | reimbursement of administration fees due the administrative | ||||||
9 | service organization pursuant to its contract or contracts with | ||||||
10 | the Department.
| ||||||
11 | (c) The Director, with the advice and consent of the | ||||||
12 | Commission, shall
establish premiums for optional coverage for | ||||||
13 | dependents of eligible members
for the health plans. The | ||||||
14 | eligible members
shall be responsible for their portion of such | ||||||
15 | optional
premium. The State shall
contribute an amount per | ||||||
16 | month for each eligible member who has
enrolled one or more | ||||||
17 | dependents under the health plans. Such contribution
shall be | ||||||
18 | made directly to the Health Insurance
Reserve Fund. Those | ||||||
19 | employees described in subsection (b) of Section 9 of this
Act | ||||||
20 | shall be allowed to continue in the health plan by
making | ||||||
21 | personal payments with the premiums to be deposited
in the | ||||||
22 | Health Insurance Reserve Fund.
| ||||||
23 | (d) The Health Insurance Reserve Fund shall be a continuing | ||||||
24 | fund not subject
to fiscal year limitations. All expenditures | ||||||
25 | from that fund shall be at
the direction of the Director and | ||||||
26 | shall be only for the purpose of:
|
| |||||||
| |||||||
1 | (1) the payment of administrative expenses incurred by | ||||||
2 | the Department
for the program of health benefits or other | ||||||
3 | employee benefit programs,
including but not limited to the | ||||||
4 | costs of audits or actuarial
consultations, professional | ||||||
5 | and contractual services, electronic data
processing | ||||||
6 | systems and services, and expenses in connection with the
| ||||||
7 | development and administration of such programs;
| ||||||
8 | (2) the payment of administrative expenses incurred by | ||||||
9 | the Administrative
Service Organization;
| ||||||
10 | (3) the payment of health benefits;
| ||||||
11 | (3.5) the payment of medical expenses incurred by the | ||||||
12 | Department for the treatment of employees who suffer | ||||||
13 | accidental injury or death within the scope of their | ||||||
14 | employment;
| ||||||
15 | (4) refunds to employees for erroneous payments of | ||||||
16 | their selected
dependent coverage;
| ||||||
17 | (5) payment of premium for stop-loss or re-insurance;
| ||||||
18 | (6) payment of premium to health maintenance | ||||||
19 | organizations pursuant to
Section 6.1 of this Act;
| ||||||
20 | (7) payment of adoption program benefits; and
| ||||||
21 | (8) payment of other benefits offered to members and | ||||||
22 | dependents under
this Act.
| ||||||
23 | (Source: P.A. 94-839, eff. 6-6-06; 95-632, eff. 9-25-07; | ||||||
24 | 95-744, eff. 7-18-08.)
| ||||||
25 | Section 905. The Department of Central Management Services |
| |||||||
| |||||||
1 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
2 | adding Section 405-520 as follows: | ||||||
3 | (20 ILCS 405/405-520 new) | ||||||
4 | Sec. 405-520. State healthcare purchasing. On and after the | ||||||
5 | date 6 months after the effective date of this amendatory Act | ||||||
6 | of the 98th General Assembly, as provided in the Executive | ||||||
7 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
8 | rights, and responsibilities related to State healthcare | ||||||
9 | purchasing under this Law that were transferred from the | ||||||
10 | Department to the Department of Healthcare and Family Services | ||||||
11 | by Executive Order 3 (2005) are transferred back to the | ||||||
12 | Department. | ||||||
13 | Section 910. The Department of Human Services Act is | ||||||
14 | amended by changing Section 1-20 as follows:
| ||||||
15 | (20 ILCS 1305/1-20)
| ||||||
16 | Sec. 1-20. General powers and duties.
| ||||||
17 | (a) The Department shall exercise the rights, powers, | ||||||
18 | duties, and functions
provided by law, including (but not | ||||||
19 | limited to) the rights, powers, duties, and
functions | ||||||
20 | transferred to the Department under Article 80 and Article 90 | ||||||
21 | of this
Act.
| ||||||
22 | (b) The Department may employ personnel (in accordance with | ||||||
23 | the Personnel
Code), provide facilities, contract for goods and |
| |||||||
| |||||||
1 | services, and adopt rules as
necessary to carry out its | ||||||
2 | functions and purposes, all in accordance with
applicable State | ||||||
3 | and federal law.
| ||||||
4 | (c) On and after the date 6 months after the effective date | ||||||
5 | of this amendatory Act of the 98th General Assembly, as | ||||||
6 | provided in the Executive Order 1 (2012) Implementation Act, | ||||||
7 | all of the powers, duties, rights, and responsibilities related | ||||||
8 | to State healthcare purchasing under this Act that were | ||||||
9 | transferred from the Department to the Department of Healthcare | ||||||
10 | and Family Services by Executive Order 3 (2005) are transferred | ||||||
11 | back to the Department. | ||||||
12 | (Source: P.A. 89-507, eff. 7-3-96.)
| ||||||
13 | Section 915. The Department of Healthcare and Family | ||||||
14 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
15 | amended by adding Section 2205-20 as follows: | ||||||
16 | (20 ILCS 2205/2205-20 new) | ||||||
17 | Sec. 2205-20. State healthcare purchasing. On and after the | ||||||
18 | date 6 months after the effective date of this amendatory Act | ||||||
19 | of the 98th General Assembly, as provided in the Executive | ||||||
20 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
21 | rights, and responsibilities related to State healthcare | ||||||
22 | purchasing under this Law that were transferred to the | ||||||
23 | Department of Healthcare and Family Services by Executive Order | ||||||
24 | 3 (2005) are transferred back to the Departments from which |
| |||||||
| |||||||
1 | those powers, duties, rights, and responsibilities were | ||||||
2 | transferred; however, powers, duties, rights, and | ||||||
3 | responsibilities related to State healthcare purchasing under | ||||||
4 | this Law that were exercised by the Department of Corrections | ||||||
5 | before the effective date of Executive Order 3 (2005) but that | ||||||
6 | pertain to individuals resident in facilities operated by the | ||||||
7 | Department of Juvenile Justice shall be transferred to the | ||||||
8 | Department of Juvenile Justice. | ||||||
9 | Section 920. The Department of Veterans Affairs Act is | ||||||
10 | amended by adding Section 2.08 as follows: | ||||||
11 | (20 ILCS 2805/2.08 new) | ||||||
12 | Sec. 2.08. State healthcare purchasing. On and after the | ||||||
13 | date 6 months after the effective date of this amendatory Act | ||||||
14 | of the 98th General Assembly, as provided in the Executive | ||||||
15 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
16 | rights, and responsibilities related to State healthcare | ||||||
17 | purchasing under this Act that were transferred from the | ||||||
18 | Department to the Department of Healthcare and Family Services | ||||||
19 | by Executive Order 3 (2005) are transferred back to the | ||||||
20 | Department. | ||||||
21 | Section 925. The School Employee Benefit Act is amended by | ||||||
22 | adding Section 7 as follows: |
| |||||||
| |||||||
1 | (105 ILCS 55/7 new) | ||||||
2 | Sec. 7. State healthcare purchasing. On and after the date | ||||||
3 | 6 months after the effective date of this amendatory Act of the | ||||||
4 | 98th General Assembly, as provided in the Executive Order 1 | ||||||
5 | (2012) Implementation Act, all of the powers, duties, rights, | ||||||
6 | and responsibilities related to State healthcare purchasing | ||||||
7 | under this Act that were transferred from the Department to the | ||||||
8 | Department of Healthcare and Family Services by Executive Order | ||||||
9 | 3 (2005) are transferred back to the Department. | ||||||
10 | Section 930. The Illinois Prescription Drug Discount | ||||||
11 | Program Act is amended by changing Sections 10 and 15 and by | ||||||
12 | adding Section 2 as follows: | ||||||
13 | (320 ILCS 55/2 new) | ||||||
14 | Sec. 2. State healthcare purchasing. On and after the date | ||||||
15 | 6 months after the effective date of this amendatory Act of the | ||||||
16 | 98th General Assembly, as provided in the Executive Order 1 | ||||||
17 | (2012) Implementation Act, all of the powers, duties, rights, | ||||||
18 | and responsibilities related to State healthcare purchasing | ||||||
19 | under this Act that were transferred from the Department of | ||||||
20 | Central Management Services to the Department of Healthcare and | ||||||
21 | Family Services by Executive Order 3 (2005) are transferred | ||||||
22 | back to the Department of Central Management Services.
| ||||||
23 | (320 ILCS 55/10)
|
| |||||||
| |||||||
1 | Sec. 10. Purpose. The purpose of this program is to require | ||||||
2 | the
Department
of Central Management
Healthcare and Family
| ||||||
3 | Services to establish and administer a program that will
enable
| ||||||
4 | eligible Illinois residents to purchase prescription drugs at
| ||||||
5 | discounted
prices.
| ||||||
6 | (Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06.)
| ||||||
7 | (320 ILCS 55/15)
| ||||||
8 | Sec. 15. Definitions. As used in this Act:
| ||||||
9 | "Authorized pharmacy" means any pharmacy registered in | ||||||
10 | this State under the
Pharmacy Practice Act or approved by the | ||||||
11 | Department of Financial and Professional Regulation and | ||||||
12 | approved by the Department or its program
administrator.
| ||||||
13 | "AWP" or "average wholesale price" means the amount | ||||||
14 | determined from the
latest publication of the Red Book, a | ||||||
15 | universally subscribed pharmacist
reference guide
annually | ||||||
16 | published by the Hearst Corporation. "AWP" or "average | ||||||
17 | wholesale
price"
may also be derived electronically from the | ||||||
18 | drug pricing database synonymous
with the
latest publication of | ||||||
19 | the Red Book and furnished in the National Drug Data File
| ||||||
20 | (NDDF)
by First Data Bank (FDB), a service of the Hearst | ||||||
21 | Corporation.
| ||||||
22 | "Covered medication" means any medication included in the | ||||||
23 | Illinois Prescription Drug Discount Program.
| ||||||
24 | "Department" means the Department of Central Management | ||||||
25 | Healthcare and Family Services.
|
| |||||||
| |||||||
1 | "Director" means the Director of Central Management | ||||||
2 | Healthcare and Family Services.
| ||||||
3 | "Drug manufacturer" means any entity (1) that is located | ||||||
4 | within or outside
Illinois
that is engaged in (i) the | ||||||
5 | production, preparation, propagation, compounding,
conversion,
| ||||||
6 | or processing of prescription drug products covered under the | ||||||
7 | program, either
directly or
indirectly by extraction from | ||||||
8 | substances of natural origin, independently by
means of
| ||||||
9 | chemical synthesis, or by a combination of extraction and | ||||||
10 | chemical synthesis or
(ii) the
packaging, repackaging, | ||||||
11 | leveling, labeling, or distribution of prescription
drug | ||||||
12 | products
covered under the program and (2) that elects to | ||||||
13 | provide prescription drugs
either directly
or under contract | ||||||
14 | with any entity providing prescription drug services on
behalf | ||||||
15 | of the
State of Illinois. "Drug manufacturer", however, does | ||||||
16 | not include a wholesale
distributor
of drugs or a retail | ||||||
17 | pharmacy licensed under Illinois law.
| ||||||
18 | "Federal Poverty Limit" or "FPL" means the Federal Poverty | ||||||
19 | Income Guidelines published annually in the Federal Register.
| ||||||
20 | "Prescription drug" means any prescribed drug that may be | ||||||
21 | legally dispensed
by
an authorized pharmacy.
| ||||||
22 | "Program" means the Illinois Prescription Drug
Discount | ||||||
23 | Program created
under this Act.
| ||||||
24 | "Program administrator" means the entity that is chosen by | ||||||
25 | the Department to
administer the program. The program | ||||||
26 | administrator may, in this case, be the
Director or
a Pharmacy |
| |||||||
| |||||||
1 | Benefits Manager (PBM) chosen to subcontract with the Director.
| ||||||
2 | "Rules" includes rules adopted and forms prescribed by the | ||||||
3 | Department.
| ||||||
4 | (Source: P.A. 94-86, eff. 1-1-06; 95-689, eff. 10-29-07.)
| ||||||
5 | Section 935. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 3-2-2 and 3-2.5-20 as follows:
| ||||||
7 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
8 | Sec. 3-2-2. Powers and Duties of the Department.
| ||||||
9 | (1) In addition to the powers, duties and responsibilities | ||||||
10 | which are
otherwise provided by law, the Department shall have | ||||||
11 | the following powers:
| ||||||
12 | (a) To accept persons committed to it by the courts of | ||||||
13 | this State for
care, custody, treatment and | ||||||
14 | rehabilitation, and to accept federal prisoners and aliens | ||||||
15 | over whom the Office of the Federal Detention Trustee is | ||||||
16 | authorized to exercise the federal detention function for | ||||||
17 | limited purposes and periods of time.
| ||||||
18 | (b) To develop and maintain reception and evaluation | ||||||
19 | units for purposes
of analyzing the custody and | ||||||
20 | rehabilitation needs of persons committed to
it and to | ||||||
21 | assign such persons to institutions and programs under its | ||||||
22 | control
or transfer them to other appropriate agencies. In | ||||||
23 | consultation with the
Department of Alcoholism and | ||||||
24 | Substance Abuse (now the Department of Human
Services), the |
| |||||||
| |||||||
1 | Department of Corrections
shall develop a master plan for | ||||||
2 | the screening and evaluation of persons
committed to its | ||||||
3 | custody who have alcohol or drug abuse problems, and for
| ||||||
4 | making appropriate treatment available to such persons; | ||||||
5 | the Department
shall report to the General Assembly on such | ||||||
6 | plan not later than April 1,
1987. The maintenance and | ||||||
7 | implementation of such plan shall be contingent
upon the | ||||||
8 | availability of funds.
| ||||||
9 | (b-1) To create and implement, on January 1, 2002, a | ||||||
10 | pilot
program to
establish the effectiveness of | ||||||
11 | pupillometer technology (the measurement of the
pupil's
| ||||||
12 | reaction to light) as an alternative to a urine test for | ||||||
13 | purposes of screening
and evaluating
persons committed to | ||||||
14 | its custody who have alcohol or drug problems. The
pilot | ||||||
15 | program shall require the pupillometer technology to be | ||||||
16 | used in at
least one Department of
Corrections facility. | ||||||
17 | The Director may expand the pilot program to include an
| ||||||
18 | additional facility or
facilities as he or she deems | ||||||
19 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
20 | the pilot program.
The
Department must report to the
| ||||||
21 | General Assembly on the
effectiveness of the program by | ||||||
22 | January 1, 2003.
| ||||||
23 | (b-5) To develop, in consultation with the Department | ||||||
24 | of State Police, a
program for tracking and evaluating each | ||||||
25 | inmate from commitment through release
for recording his or | ||||||
26 | her gang affiliations, activities, or ranks.
|
| |||||||
| |||||||
1 | (c) To maintain and administer all State correctional | ||||||
2 | institutions and
facilities under its control and to | ||||||
3 | establish new ones as needed. Pursuant
to its power to | ||||||
4 | establish new institutions and facilities, the Department
| ||||||
5 | may, with the written approval of the Governor, authorize | ||||||
6 | the Department of
Central Management Services to enter into | ||||||
7 | an agreement of the type
described in subsection (d) of | ||||||
8 | Section 405-300 of the
Department
of Central Management | ||||||
9 | Services Law (20 ILCS 405/405-300). The Department shall
| ||||||
10 | designate those institutions which
shall constitute the | ||||||
11 | State Penitentiary System.
| ||||||
12 | Pursuant to its power to establish new institutions and | ||||||
13 | facilities, the
Department may authorize the Department of | ||||||
14 | Central Management Services to
accept bids from counties | ||||||
15 | and municipalities for the construction,
remodeling or | ||||||
16 | conversion of a structure to be leased to the Department of
| ||||||
17 | Corrections for the purposes of its serving as a | ||||||
18 | correctional institution
or facility. Such construction, | ||||||
19 | remodeling or conversion may be financed
with revenue bonds | ||||||
20 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
21 | by the municipality or county. The lease specified in a bid | ||||||
22 | shall be
for a term of not less than the time needed to | ||||||
23 | retire any revenue bonds
used to finance the project, but | ||||||
24 | not to exceed 40 years. The lease may
grant to the State | ||||||
25 | the option to purchase the structure outright.
| ||||||
26 | Upon receipt of the bids, the Department may certify |
| |||||||
| |||||||
1 | one or more of the
bids and shall submit any such bids to | ||||||
2 | the General Assembly for approval.
Upon approval of a bid | ||||||
3 | by a constitutional majority of both houses of the
General | ||||||
4 | Assembly, pursuant to joint resolution, the Department of | ||||||
5 | Central
Management Services may enter into an agreement | ||||||
6 | with the county or
municipality pursuant to such bid.
| ||||||
7 | (c-5) To build and maintain regional juvenile | ||||||
8 | detention centers and to
charge a per diem to the counties | ||||||
9 | as established by the Department to defray
the costs of | ||||||
10 | housing each minor in a center. In this subsection (c-5),
| ||||||
11 | "juvenile
detention center" means a facility to house | ||||||
12 | minors during pendency of trial who
have been transferred | ||||||
13 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
14 | prosecutions under the criminal laws of this State in | ||||||
15 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
16 | 1987, whether the transfer was by operation
of
law or | ||||||
17 | permissive under that Section. The Department shall | ||||||
18 | designate the
counties to be served by each regional | ||||||
19 | juvenile detention center.
| ||||||
20 | (d) To develop and maintain programs of control, | ||||||
21 | rehabilitation and
employment of committed persons within | ||||||
22 | its institutions.
| ||||||
23 | (d-5) To provide a pre-release job preparation program | ||||||
24 | for inmates at Illinois adult correctional centers.
| ||||||
25 | (e) To establish a system of supervision and guidance | ||||||
26 | of committed persons
in the community.
|
| |||||||
| |||||||
1 | (f) To establish in cooperation with the Department of | ||||||
2 | Transportation
to supply a sufficient number of prisoners | ||||||
3 | for use by the Department of
Transportation to clean up the | ||||||
4 | trash and garbage along State, county,
township, or | ||||||
5 | municipal highways as designated by the Department of
| ||||||
6 | Transportation. The Department of Corrections, at the | ||||||
7 | request of the
Department of Transportation, shall furnish | ||||||
8 | such prisoners at least
annually for a period to be agreed | ||||||
9 | upon between the Director of
Corrections and the Director | ||||||
10 | of Transportation. The prisoners used on this
program shall | ||||||
11 | be selected by the Director of Corrections on whatever | ||||||
12 | basis
he deems proper in consideration of their term, | ||||||
13 | behavior and earned eligibility
to participate in such | ||||||
14 | program - where they will be outside of the prison
facility | ||||||
15 | but still in the custody of the Department of Corrections. | ||||||
16 | Prisoners
convicted of first degree murder, or a Class X | ||||||
17 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
18 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
19 | or a subsequent conviction for criminal sexual abuse, or | ||||||
20 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
21 | Habitual Criminal shall not be
eligible for selection to | ||||||
22 | participate in such program. The prisoners shall
remain as | ||||||
23 | prisoners in the custody of the Department of Corrections | ||||||
24 | and such
Department shall furnish whatever security is | ||||||
25 | necessary. The Department of
Transportation shall furnish | ||||||
26 | trucks and equipment for the highway cleanup
program and |
| |||||||
| |||||||
1 | personnel to supervise and direct the program. Neither the
| ||||||
2 | Department of Corrections nor the Department of | ||||||
3 | Transportation shall replace
any regular employee with a | ||||||
4 | prisoner.
| ||||||
5 | (g) To maintain records of persons committed to it and | ||||||
6 | to establish
programs of research, statistics and | ||||||
7 | planning.
| ||||||
8 | (h) To investigate the grievances of any person | ||||||
9 | committed to the
Department, to inquire into any alleged | ||||||
10 | misconduct by employees
or committed persons, and to | ||||||
11 | investigate the assets
of committed persons to implement | ||||||
12 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
13 | issue subpoenas and compel the attendance of witnesses
and | ||||||
14 | the production of writings and papers, and may examine | ||||||
15 | under oath any
witnesses who may appear before it; to also | ||||||
16 | investigate alleged violations
of a parolee's or | ||||||
17 | releasee's conditions of parole or release; and for this
| ||||||
18 | purpose it may issue subpoenas and compel the attendance of | ||||||
19 | witnesses and
the production of documents only if there is | ||||||
20 | reason to believe that such
procedures would provide | ||||||
21 | evidence that such violations have occurred.
| ||||||
22 | If any person fails to obey a subpoena issued under | ||||||
23 | this subsection,
the Director may apply to any circuit | ||||||
24 | court to secure compliance with the
subpoena. The failure | ||||||
25 | to comply with the order of the court issued in
response | ||||||
26 | thereto shall be punishable as contempt of court.
|
| |||||||
| |||||||
1 | (i) To appoint and remove the chief administrative | ||||||
2 | officers, and
administer
programs of training and | ||||||
3 | development of personnel of the Department. Personnel
| ||||||
4 | assigned by the Department to be responsible for the
| ||||||
5 | custody and control of committed persons or to investigate | ||||||
6 | the alleged
misconduct of committed persons or employees or | ||||||
7 | alleged violations of a
parolee's or releasee's conditions | ||||||
8 | of parole shall be conservators of the peace
for those | ||||||
9 | purposes, and shall have the full power of peace officers | ||||||
10 | outside
of the facilities of the Department in the | ||||||
11 | protection, arrest, retaking
and reconfining of committed | ||||||
12 | persons or where the exercise of such power
is necessary to | ||||||
13 | the investigation of such misconduct or violations.
| ||||||
14 | (j) To cooperate with other departments and agencies | ||||||
15 | and with local
communities for the development of standards | ||||||
16 | and programs for better
correctional services in this | ||||||
17 | State.
| ||||||
18 | (k) To administer all moneys and properties of the | ||||||
19 | Department.
| ||||||
20 | (l) To report annually to the Governor on the committed
| ||||||
21 | persons, institutions and programs of the Department.
| ||||||
22 | (l-5) (Blank).
| ||||||
23 | (m) To make all rules and regulations and exercise all | ||||||
24 | powers and duties
vested by law in the Department.
| ||||||
25 | (n) To establish rules and regulations for | ||||||
26 | administering a system of
sentence credits, established in |
| |||||||
| |||||||
1 | accordance with Section 3-6-3, subject
to review by the | ||||||
2 | Prisoner Review Board.
| ||||||
3 | (o) To administer the distribution of funds
from the | ||||||
4 | State Treasury to reimburse counties where State penal
| ||||||
5 | institutions are located for the payment of assistant | ||||||
6 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
7 | Counties Code.
| ||||||
8 | (p) To exchange information with the Department of | ||||||
9 | Human Services and the
Department of Healthcare and Family | ||||||
10 | Services
for the purpose of verifying living arrangements | ||||||
11 | and for other purposes
directly connected with the | ||||||
12 | administration of this Code and the Illinois
Public Aid | ||||||
13 | Code.
| ||||||
14 | (q) To establish a diversion program.
| ||||||
15 | The program shall provide a structured environment for | ||||||
16 | selected
technical parole or mandatory supervised release | ||||||
17 | violators and committed
persons who have violated the rules | ||||||
18 | governing their conduct while in work
release. This program | ||||||
19 | shall not apply to those persons who have committed
a new | ||||||
20 | offense while serving on parole or mandatory supervised | ||||||
21 | release or
while committed to work release.
| ||||||
22 | Elements of the program shall include, but shall not be | ||||||
23 | limited to, the
following:
| ||||||
24 | (1) The staff of a diversion facility shall provide | ||||||
25 | supervision in
accordance with required objectives set | ||||||
26 | by the facility.
|
| |||||||
| |||||||
1 | (2) Participants shall be required to maintain | ||||||
2 | employment.
| ||||||
3 | (3) Each participant shall pay for room and board | ||||||
4 | at the facility on a
sliding-scale basis according to | ||||||
5 | the participant's income.
| ||||||
6 | (4) Each participant shall:
| ||||||
7 | (A) provide restitution to victims in | ||||||
8 | accordance with any court order;
| ||||||
9 | (B) provide financial support to his | ||||||
10 | dependents; and
| ||||||
11 | (C) make appropriate payments toward any other | ||||||
12 | court-ordered
obligations.
| ||||||
13 | (5) Each participant shall complete community | ||||||
14 | service in addition to
employment.
| ||||||
15 | (6) Participants shall take part in such | ||||||
16 | counseling, educational and
other programs as the | ||||||
17 | Department may deem appropriate.
| ||||||
18 | (7) Participants shall submit to drug and alcohol | ||||||
19 | screening.
| ||||||
20 | (8) The Department shall promulgate rules | ||||||
21 | governing the administration
of the program.
| ||||||
22 | (r) To enter into intergovernmental cooperation | ||||||
23 | agreements under which
persons in the custody of the | ||||||
24 | Department may participate in a county impact
| ||||||
25 | incarceration program established under Section 3-6038 or | ||||||
26 | 3-15003.5 of the
Counties Code.
|
| |||||||
| |||||||
1 | (r-5) (Blank).
| ||||||
2 | (r-10) To systematically and routinely identify with | ||||||
3 | respect to each
streetgang active within the correctional | ||||||
4 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
5 | affiliation or alliance; and (3) the current leaders
in | ||||||
6 | each gang. The Department shall promptly segregate leaders | ||||||
7 | from inmates who
belong to their gangs and allied gangs. | ||||||
8 | "Segregate" means no physical contact
and, to the extent | ||||||
9 | possible under the conditions and space available at the
| ||||||
10 | correctional facility, prohibition of visual and sound | ||||||
11 | communication. For the
purposes of this paragraph (r-10), | ||||||
12 | "leaders" means persons who:
| ||||||
13 | (i) are members of a criminal streetgang;
| ||||||
14 | (ii) with respect to other individuals within the | ||||||
15 | streetgang, occupy a
position of organizer, | ||||||
16 | supervisor, or other position of management or
| ||||||
17 | leadership; and
| ||||||
18 | (iii) are actively and personally engaged in | ||||||
19 | directing, ordering,
authorizing, or requesting | ||||||
20 | commission of criminal acts by others, which are
| ||||||
21 | punishable as a felony, in furtherance of streetgang | ||||||
22 | related activity both
within and outside of the | ||||||
23 | Department of Corrections.
| ||||||
24 | "Streetgang", "gang", and "streetgang related" have the | ||||||
25 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
26 | Streetgang Terrorism Omnibus Prevention
Act.
|
| |||||||
| |||||||
1 | (s) To operate a super-maximum security institution, | ||||||
2 | in order to
manage and
supervise inmates who are disruptive | ||||||
3 | or dangerous and provide for the safety
and security of the | ||||||
4 | staff and the other inmates.
| ||||||
5 | (t) To monitor any unprivileged conversation or any | ||||||
6 | unprivileged
communication, whether in person or by mail, | ||||||
7 | telephone, or other means,
between an inmate who, before | ||||||
8 | commitment to the Department, was a member of an
organized | ||||||
9 | gang and any other person without the need to show cause or | ||||||
10 | satisfy
any other requirement of law before beginning the | ||||||
11 | monitoring, except as
constitutionally required. The | ||||||
12 | monitoring may be by video, voice, or other
method of | ||||||
13 | recording or by any other means. As used in this | ||||||
14 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
15 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
16 | Terrorism Omnibus Prevention Act.
| ||||||
17 | As used in this subdivision (1)(t), "unprivileged | ||||||
18 | conversation" or
"unprivileged communication" means a | ||||||
19 | conversation or communication that is not
protected by any | ||||||
20 | privilege recognized by law or by decision, rule, or order | ||||||
21 | of
the Illinois Supreme Court.
| ||||||
22 | (u) To establish a Women's and Children's Pre-release | ||||||
23 | Community
Supervision
Program for the purpose of providing | ||||||
24 | housing and services to eligible female
inmates, as | ||||||
25 | determined by the Department, and their newborn and young
| ||||||
26 | children.
|
| |||||||
| |||||||
1 | (u-5) To issue an order, whenever a person committed to | ||||||
2 | the Department absconds or absents himself or herself, | ||||||
3 | without authority to do so, from any facility or program to | ||||||
4 | which he or she is assigned. The order shall be certified | ||||||
5 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
6 | or any person duly designated by the Director, with the | ||||||
7 | seal of the Department affixed. The order shall be directed | ||||||
8 | to all sheriffs, coroners, and police officers, or to any | ||||||
9 | particular person named in the order. Any order issued | ||||||
10 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
11 | warrant for the officer or person named in the order to | ||||||
12 | arrest and deliver the committed person to the proper | ||||||
13 | correctional officials and shall be executed the same as | ||||||
14 | criminal process.
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15 | (v) To do all other acts necessary to carry out the | ||||||
16 | provisions
of this Chapter.
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17 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
18 | consider
building and operating a correctional facility within | ||||||
19 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
20 | a facility designed to house juvenile
participants in the | ||||||
21 | impact incarceration program.
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22 | (3) When the Department lets bids for contracts for medical
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23 | services to be provided to persons committed to Department | ||||||
24 | facilities by
a health maintenance organization, medical | ||||||
25 | service corporation, or other
health care provider, the bid may | ||||||
26 | only be let to a health care provider
that has obtained an |
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| |||||||
1 | irrevocable letter of credit or performance bond
issued by a | ||||||
2 | company whose bonds have an investment grade or higher rating | ||||||
3 | by a bond rating
organization.
| ||||||
4 | (4) When the Department lets bids for
contracts for food or | ||||||
5 | commissary services to be provided to
Department facilities, | ||||||
6 | the bid may only be let to a food or commissary
services | ||||||
7 | provider that has obtained an irrevocable letter of
credit or | ||||||
8 | performance bond issued by a company whose bonds have an | ||||||
9 | investment grade or higher rating by a bond rating | ||||||
10 | organization.
| ||||||
11 | (5) On and after the date 6 months after the effective date | ||||||
12 | of this amendatory Act of the 98th General Assembly, as | ||||||
13 | provided in the Executive Order 1 (2012) Implementation Act, | ||||||
14 | all of the powers, duties, rights, and responsibilities related | ||||||
15 | to State healthcare purchasing under this Code that were | ||||||
16 | transferred from the Department of Corrections to the | ||||||
17 | Department of Healthcare and Family Services by Executive Order | ||||||
18 | 3 (2005) are transferred back to the Department of Corrections; | ||||||
19 | however, powers, duties, rights, and responsibilities related | ||||||
20 | to State healthcare purchasing under this Code that were | ||||||
21 | exercised by the Department of Corrections before the effective | ||||||
22 | date of Executive Order 3 (2005) but that pertain to | ||||||
23 | individuals resident in facilities operated by the Department | ||||||
24 | of Juvenile Justice are transferred to the Department of | ||||||
25 | Juvenile Justice. | ||||||
26 | (Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12; |
| |||||||
| |||||||
1 | 97-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
| ||||||
2 | (730 ILCS 5/3-2.5-20)
| ||||||
3 | Sec. 3-2.5-20. General powers and duties. | ||||||
4 | (a) In addition to the powers, duties, and responsibilities | ||||||
5 | which are otherwise provided by law or transferred to the | ||||||
6 | Department as a result of this Article, the Department, as | ||||||
7 | determined by the Director, shall have, but are not limited to, | ||||||
8 | the following rights, powers, functions and duties: | ||||||
9 | (1) To accept juveniles committed to it by the courts | ||||||
10 | of this State for care, custody, treatment, and | ||||||
11 | rehabilitation. | ||||||
12 | (2) To maintain and administer all State juvenile | ||||||
13 | correctional institutions previously under the control of | ||||||
14 | the Juvenile and Women's & Children Divisions of the | ||||||
15 | Department of Corrections, and to establish and maintain | ||||||
16 | institutions as needed to meet the needs of the youth | ||||||
17 | committed to its care. | ||||||
18 | (3) To identify the need for and recommend the funding | ||||||
19 | and implementation of an appropriate mix of programs and | ||||||
20 | services within the juvenile justice continuum, including | ||||||
21 | but not limited to prevention, nonresidential and | ||||||
22 | residential commitment programs, day treatment, and | ||||||
23 | conditional release programs and services, with the | ||||||
24 | support of educational, vocational, alcohol, drug abuse, | ||||||
25 | and mental health services where appropriate. |
| |||||||
| |||||||
1 | (4) To establish and provide transitional and | ||||||
2 | post-release treatment programs for juveniles committed to | ||||||
3 | the Department. Services shall include but are not limited | ||||||
4 | to: | ||||||
5 | (i) family and individual counseling and treatment | ||||||
6 | placement; | ||||||
7 | (ii) referral services to any other State or local | ||||||
8 | agencies; | ||||||
9 | (iii) mental health services; | ||||||
10 | (iv) educational services; | ||||||
11 | (v) family counseling services; and | ||||||
12 | (vi) substance abuse services. | ||||||
13 | (5) To access vital records of juveniles for the | ||||||
14 | purposes of providing necessary documentation for | ||||||
15 | transitional services such as obtaining identification, | ||||||
16 | educational enrollment, employment, and housing. | ||||||
17 | (6) To develop staffing and workload standards and | ||||||
18 | coordinate staff development and training appropriate for | ||||||
19 | juvenile populations. | ||||||
20 | (7) To develop, with the approval of the Office of the | ||||||
21 | Governor and the Governor's Office of Management and | ||||||
22 | Budget, annual budget requests.
| ||||||
23 | (8) To administer the Interstate Compact for | ||||||
24 | Juveniles, with respect to all juveniles under its | ||||||
25 | jurisdiction, and to cooperate with the Department of Human | ||||||
26 | Services with regard to all non-offender juveniles subject |
| |||||||
| |||||||
1 | to the Interstate Compact for Juveniles.
| ||||||
2 | (b) The Department may employ personnel in accordance with | ||||||
3 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
4 | facilities, contract for goods and services, and adopt rules as | ||||||
5 | necessary to carry out its functions and purposes, all in | ||||||
6 | accordance with applicable State and federal law.
| ||||||
7 | (c) On and after the date 6 months after the effective date | ||||||
8 | of this amendatory Act of the 98th General Assembly, as | ||||||
9 | provided in the Executive Order 1 (2012) Implementation Act, | ||||||
10 | all of the powers, duties, rights, and responsibilities related | ||||||
11 | to State healthcare purchasing under this Code that were | ||||||
12 | transferred from the Department of Corrections to the | ||||||
13 | Department of Healthcare and Family Services by Executive Order | ||||||
14 | 3 (2005) are transferred back to the Department of Corrections; | ||||||
15 | however, powers, duties, rights, and responsibilities related | ||||||
16 | to State healthcare purchasing under this Code that were | ||||||
17 | exercised by the Department of Corrections before the effective | ||||||
18 | date of Executive Order 3 (2005) but that pertain to | ||||||
19 | individuals resident in facilities operated by the Department | ||||||
20 | of Juvenile Justice are transferred to the Department of | ||||||
21 | Juvenile Justice. | ||||||
22 | (Source: P.A. 94-696, eff. 6-1-06; 95-937, eff. 8-26-08.) | ||||||
23 | Section 997. Severability. The provisions of this Act are | ||||||
24 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
25 | Section 999. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|