Full Text of SB2109 93rd General Assembly
SB2109eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning accounting.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Employees Group Insurance Act of 1971 | 5 |
| is amended by
changing Section 3 as follows:
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| (5 ILCS 375/3) (from Ch. 127, par. 523)
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| Sec. 3. Definitions. Unless the context otherwise | 8 |
| requires, the
following words and phrases as used in this Act | 9 |
| shall have the following
meanings. The Department may define | 10 |
| these and other words and phrases
separately for the purpose of | 11 |
| implementing specific programs providing benefits
under this | 12 |
| Act.
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| (a) "Administrative service organization" means any | 14 |
| person, firm or
corporation experienced in the handling of | 15 |
| claims which is
fully qualified, financially sound and capable | 16 |
| of meeting the service
requirements of a contract of | 17 |
| administration executed with the Department.
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| (b) "Annuitant" means (1) an employee who retires, or has | 19 |
| retired,
on or after January 1, 1966 on an immediate annuity | 20 |
| under the provisions
of Articles 2, 14, 15 (including an | 21 |
| employee who has retired under the optional
retirement program | 22 |
| established under Section 15-158.2),
paragraphs (2), (3), or | 23 |
| (5) of Section 16-106, or
Article 18 of the Illinois Pension | 24 |
| Code; (2) any person who was receiving
group insurance coverage | 25 |
| under this Act as of March 31, 1978 by
reason of his status as | 26 |
| an annuitant, even though the annuity in relation
to which such | 27 |
| coverage was provided is a proportional annuity based on less
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| than the minimum period of service required for a retirement | 29 |
| annuity in
the system involved; (3) any person not otherwise | 30 |
| covered by this Act
who has retired as a participating member | 31 |
| under Article 2 of the Illinois
Pension Code but is ineligible | 32 |
| for the retirement annuity under Section
2-119 of the Illinois |
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| Pension Code; (4) the spouse of any person who
is receiving a | 2 |
| retirement annuity under Article 18 of the Illinois Pension
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| Code and who is covered under a group health insurance program | 4 |
| sponsored
by a governmental employer other than the State of | 5 |
| Illinois and who has
irrevocably elected to waive his or her | 6 |
| coverage under this Act and to have
his or her spouse | 7 |
| considered as the "annuitant" under this Act and not as
a | 8 |
| "dependent"; or (5) an employee who retires, or has retired, | 9 |
| from a
qualified position, as determined according to rules | 10 |
| promulgated by the
Director, under a qualified local government | 11 |
| or a qualified rehabilitation
facility or a qualified domestic | 12 |
| violence shelter or service. (For definition
of "retired | 13 |
| employee", see (p) post).
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| (b-5) "New SERS annuitant" means a person who, on or after | 15 |
| January 1,
1998, becomes an annuitant, as defined in subsection | 16 |
| (b), by virtue of
beginning to receive a retirement annuity | 17 |
| under Article 14 of the Illinois
Pension Code, and is eligible | 18 |
| to participate in the basic program of group
health benefits | 19 |
| provided for annuitants under this Act.
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| (b-6) "New SURS annuitant" means a person who (1) on or | 21 |
| after January 1,
1998, becomes an annuitant, as defined in | 22 |
| subsection (b), by virtue of
beginning to receive a retirement | 23 |
| annuity under Article 15 of the Illinois
Pension Code, (2) has | 24 |
| not made the election authorized under Section 15-135.1
of the | 25 |
| Illinois Pension Code, and (3) is eligible to participate in | 26 |
| the basic
program of group
health benefits provided for | 27 |
| annuitants under this Act.
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| (b-7) "New TRS State annuitant" means a person who, on or | 29 |
| after July
1, 1998, becomes an annuitant, as defined in | 30 |
| subsection (b), by virtue of
beginning to receive a retirement | 31 |
| annuity under Article 16 of the Illinois
Pension Code based on | 32 |
| service as a teacher as defined in
paragraph (2), (3), or (5) | 33 |
| of Section 16-106 of that Code, and is eligible
to participate | 34 |
| in the basic program of group health benefits provided for
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| annuitants under this Act.
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| (c) "Carrier" means (1) an insurance company, a |
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| corporation organized
under the Limited Health Service | 2 |
| Organization Act or the Voluntary Health
Services Plan Act, a | 3 |
| partnership, or other nongovernmental organization,
which is | 4 |
| authorized to do group life or group health insurance business | 5 |
| in
Illinois, or (2) the State of Illinois as a self-insurer.
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| (d) "Compensation" means salary or wages payable on a | 7 |
| regular
payroll by the State Treasurer on a warrant of the | 8 |
| State Comptroller out
of any State, trust or federal fund, or | 9 |
| by the Governor of the State
through a disbursing officer of | 10 |
| the State out of a trust or out of
federal funds, or by any | 11 |
| Department out of State, trust, federal or
other funds held by | 12 |
| the State Treasurer or the Department, to any person
for | 13 |
| personal services currently performed, and ordinary or | 14 |
| accidental
disability benefits under Articles 2, 14, 15 | 15 |
| (including ordinary or accidental
disability benefits under | 16 |
| the optional retirement program established under
Section | 17 |
| 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | 18 |
| Article 18 of the Illinois Pension Code, for disability
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| incurred after January 1, 1966, or benefits payable under the | 20 |
| Workers'
Compensation or Occupational Diseases Act or benefits | 21 |
| payable under a sick
pay plan established in accordance with | 22 |
| Section 36 of the State Finance Act.
"Compensation" also means | 23 |
| salary or wages paid to an employee of any
qualified local | 24 |
| government or qualified rehabilitation facility or a
qualified | 25 |
| domestic violence shelter or service.
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| (e) "Commission" means the State Employees Group | 27 |
| Insurance Advisory
Commission authorized by this Act. | 28 |
| Commencing July 1, 1984, "Commission"
as used in this Act means | 29 |
| the Illinois Economic and Fiscal Commission as
established by | 30 |
| the Legislative Commission Reorganization Act of 1984.
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| (f) "Contributory", when referred to as contributory | 32 |
| coverage, shall
mean optional coverages or benefits elected by | 33 |
| the member toward the cost of
which such member makes | 34 |
| contribution, or which are funded in whole or in part
through | 35 |
| the acceptance of a reduction in earnings or the foregoing of | 36 |
| an
increase in earnings by an employee, as distinguished from |
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| noncontributory
coverage or benefits which are paid entirely by | 2 |
| the State of Illinois
without reduction of the member's salary.
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| (g) "Department" means any department, institution, | 4 |
| board,
commission, officer, court or any agency of the State | 5 |
| government
receiving appropriations and having power to | 6 |
| certify payrolls to the
Comptroller authorizing payments of | 7 |
| salary and wages against such
appropriations as are made by the | 8 |
| General Assembly from any State fund, or
against trust funds | 9 |
| held by the State Treasurer and includes boards of
trustees of | 10 |
| the retirement systems created by Articles 2, 14, 15, 16 and
18 | 11 |
| of the Illinois Pension Code. "Department" also includes the | 12 |
| Illinois
Comprehensive Health Insurance Board, the Board of | 13 |
| Accountancy
Examiners established under
the Illinois Public | 14 |
| Accounting Act, and the Illinois Finance Authority.
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| (h) "Dependent", when the term is used in the context of | 16 |
| the health
and life plan, means a member's spouse and any | 17 |
| unmarried child (1) from
birth to age 19 including an adopted | 18 |
| child, a child who lives with the
member from the time of the | 19 |
| filing of a petition for adoption until entry
of an order of | 20 |
| adoption, a stepchild or recognized child who lives with the
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| member in a parent-child relationship, or a child who lives | 22 |
| with the member
if such member is a court appointed guardian of | 23 |
| the child, or (2)
age 19 to 23 enrolled as a full-time student | 24 |
| in any accredited school,
financially dependent upon the | 25 |
| member, and eligible to be claimed as a
dependent for income | 26 |
| tax purposes, or (3) age 19 or over who is mentally
or | 27 |
| physically handicapped. For
the health plan only, the term | 28 |
| "dependent" also includes any person
enrolled prior to the | 29 |
| effective date of this Section who is dependent upon
the member | 30 |
| to the extent that the member may claim such person as a
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| dependent for income tax deduction purposes; no other such
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| person may be enrolled.
For the health plan only, the term | 33 |
| "dependent" also includes any person who
has received after | 34 |
| June 30, 2000 an organ transplant and who is financially
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| dependent upon the member and eligible to be claimed as a | 36 |
| dependent for income
tax purposes.
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| (i) "Director" means the Director of the Illinois | 2 |
| Department of Central
Management Services.
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| (j) "Eligibility period" means the period of time a member | 4 |
| has to
elect enrollment in programs or to select benefits | 5 |
| without regard to
age, sex or health.
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| (k) "Employee" means and includes each officer or | 7 |
| employee in the
service of a department who (1) receives his | 8 |
| compensation for
service rendered to the department on a | 9 |
| warrant issued pursuant to a payroll
certified by a department | 10 |
| or on a warrant or check issued and drawn by a
department upon | 11 |
| a trust, federal or other fund or on a warrant issued
pursuant | 12 |
| to a payroll certified by an elected or duly appointed officer
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| of the State or who receives payment of the performance of | 14 |
| personal
services on a warrant issued pursuant to a payroll | 15 |
| certified by a
Department and drawn by the Comptroller upon the | 16 |
| State Treasurer against
appropriations made by the General | 17 |
| Assembly from any fund or against
trust funds held by the State | 18 |
| Treasurer, and (2) is employed full-time or
part-time in a | 19 |
| position normally requiring actual performance of duty
during | 20 |
| not less than 1/2 of a normal work period, as established by | 21 |
| the
Director in cooperation with each department, except that | 22 |
| persons elected
by popular vote will be considered employees | 23 |
| during the entire
term for which they are elected regardless of | 24 |
| hours devoted to the
service of the State, and (3) except that | 25 |
| "employee" does not include any
person who is not eligible by | 26 |
| reason of such person's employment to
participate in one of the | 27 |
| State retirement systems under Articles 2, 14, 15
(either the | 28 |
| regular Article 15 system or the optional retirement program
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| established under Section 15-158.2) or 18, or under paragraph | 30 |
| (2), (3), or
(5) of Section 16-106, of the Illinois
Pension | 31 |
| Code, but such term does include persons who are employed | 32 |
| during
the 6 month qualifying period under Article 14 of the | 33 |
| Illinois Pension
Code. Such term also includes any person who | 34 |
| (1) after January 1, 1966,
is receiving ordinary or accidental | 35 |
| disability benefits under Articles
2, 14, 15 (including | 36 |
| ordinary or accidental disability benefits under the
optional |
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| retirement program established under Section 15-158.2), | 2 |
| paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of | 3 |
| the
Illinois Pension Code, for disability incurred after | 4 |
| January 1, 1966, (2)
receives total permanent or total | 5 |
| temporary disability under the Workers'
Compensation Act or | 6 |
| Occupational Disease Act as a result of injuries
sustained or | 7 |
| illness contracted in the course of employment with the
State | 8 |
| of Illinois, or (3) is not otherwise covered under this Act and | 9 |
| has
retired as a participating member under Article 2 of the | 10 |
| Illinois Pension
Code but is ineligible for the retirement | 11 |
| annuity under Section 2-119 of
the Illinois Pension Code. | 12 |
| However, a person who satisfies the criteria
of the foregoing | 13 |
| definition of "employee" except that such person is made
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| ineligible to participate in the State Universities Retirement | 15 |
| System by
clause (4) of subsection (a) of Section 15-107 of the | 16 |
| Illinois Pension
Code is also an "employee" for the purposes of | 17 |
| this Act. "Employee" also
includes any person receiving or | 18 |
| eligible for benefits under a sick pay
plan established in | 19 |
| accordance with Section 36 of the State Finance Act.
"Employee" | 20 |
| also includes each officer or employee in the service of a
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| qualified local government, including persons appointed as | 22 |
| trustees of
sanitary districts regardless of hours devoted to | 23 |
| the service of the
sanitary district, and each employee in the | 24 |
| service of a qualified
rehabilitation facility and each | 25 |
| full-time employee in the service of a
qualified domestic | 26 |
| violence shelter or service, as determined according to
rules | 27 |
| promulgated by the Director.
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| (l) "Member" means an employee, annuitant, retired | 29 |
| employee or survivor.
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| (m) "Optional coverages or benefits" means those | 31 |
| coverages or
benefits available to the member on his or her | 32 |
| voluntary election, and at
his or her own expense.
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| (n) "Program" means the group life insurance, health | 34 |
| benefits and other
employee benefits designed and contracted | 35 |
| for by the Director under this Act.
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| (o) "Health plan" means a health benefits
program offered
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| by the State of Illinois for persons eligible for the plan.
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| (p) "Retired employee" means any person who would be an | 3 |
| annuitant as
that term is defined herein but for the fact that | 4 |
| such person retired prior to
January 1, 1966. Such term also | 5 |
| includes any person formerly employed by
the University of | 6 |
| Illinois in the Cooperative Extension Service who would
be an | 7 |
| annuitant but for the fact that such person was made ineligible | 8 |
| to
participate in the State Universities Retirement System by | 9 |
| clause (4) of
subsection (a) of Section 15-107 of the Illinois
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| Pension Code.
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| (q) "Survivor" means a person receiving an annuity as a | 12 |
| survivor of an
employee or of an annuitant. "Survivor" also | 13 |
| includes: (1) the surviving
dependent of a person who satisfies | 14 |
| the definition of "employee" except that
such person is made | 15 |
| ineligible to participate in the State Universities
Retirement | 16 |
| System by clause (4) of subsection (a)
of Section 15-107 of the | 17 |
| Illinois Pension Code; and (2) the surviving
dependent of any | 18 |
| person formerly employed by the University of Illinois in
the | 19 |
| Cooperative Extension Service who would be an annuitant except | 20 |
| for the
fact that such person was made ineligible to | 21 |
| participate in the State
Universities Retirement System by | 22 |
| clause (4) of subsection (a) of Section
15-107 of the Illinois | 23 |
| Pension Code.
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| (q-5) "New SERS survivor" means a survivor, as defined in | 25 |
| subsection (q),
whose annuity is paid under Article 14 of the | 26 |
| Illinois Pension Code and is
based on the death of (i) an | 27 |
| employee whose death occurs on or after January 1,
1998, or | 28 |
| (ii) a new SERS annuitant as defined in subsection (b-5).
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| (q-6) "New SURS survivor" means a survivor, as defined in | 30 |
| subsection (q),
whose annuity is paid under Article 15 of the | 31 |
| Illinois Pension Code and is
based on the death of (i) an | 32 |
| employee whose death occurs on or after January 1,
1998, or | 33 |
| (ii) a new SURS annuitant as defined in subsection (b-6).
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| (q-7) "New TRS State survivor" means a survivor, as | 35 |
| defined in subsection
(q), whose annuity is paid under Article | 36 |
| 16 of the Illinois Pension Code and is
based on the death of |
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| (i) an employee who is a teacher as defined in paragraph
(2), | 2 |
| (3), or (5) of Section 16-106 of that Code and whose death | 3 |
| occurs on or
after July 1, 1998, or (ii) a new TRS State | 4 |
| annuitant as defined in subsection
(b-7).
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| (r) "Medical services" means the services provided within | 6 |
| the scope
of their licenses by practitioners in all categories | 7 |
| licensed under the
Medical Practice Act of 1987.
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| (s) "Unit of local government" means any county, | 9 |
| municipality,
township, school district (including a | 10 |
| combination of school districts under
the Intergovernmental | 11 |
| Cooperation Act), special district or other unit,
designated as | 12 |
| a
unit of local government by law, which exercises limited | 13 |
| governmental
powers or powers in respect to limited | 14 |
| governmental subjects, any
not-for-profit association with a | 15 |
| membership that primarily includes
townships and township | 16 |
| officials, that has duties that include provision of
research | 17 |
| service, dissemination of information, and other acts for the
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| purpose of improving township government, and that is funded | 19 |
| wholly or
partly in accordance with Section 85-15 of the | 20 |
| Township Code; any
not-for-profit corporation or association, | 21 |
| with a membership consisting
primarily of municipalities, that | 22 |
| operates its own utility system, and
provides research, | 23 |
| training, dissemination of information, or other acts to
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| promote cooperation between and among municipalities that | 25 |
| provide utility
services and for the advancement of the goals | 26 |
| and purposes of its
membership;
the Southern Illinois | 27 |
| Collegiate Common Market, which is a consortium of higher
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| education institutions in Southern Illinois; and the Illinois | 29 |
| Association of
Park Districts. "Qualified
local government" | 30 |
| means a unit of local government approved by the Director and
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| participating in a program created under subsection (i) of | 32 |
| Section 10 of this
Act.
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| (t) "Qualified rehabilitation facility" means any | 34 |
| not-for-profit
organization that is accredited by the | 35 |
| Commission on Accreditation of
Rehabilitation Facilities or | 36 |
| certified by the Department
of Human Services (as successor to |
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| the Department of Mental Health
and Developmental | 2 |
| Disabilities) to provide services to persons with
disabilities
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| and which receives funds from the State of Illinois for | 4 |
| providing those
services, approved by the Director and | 5 |
| participating in a program created
under subsection (j) of | 6 |
| Section 10 of this Act.
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| (u) "Qualified domestic violence shelter or service" | 8 |
| means any Illinois
domestic violence shelter or service and its | 9 |
| administrative offices funded
by the Department of Human | 10 |
| Services (as successor to the Illinois Department of
Public | 11 |
| Aid),
approved by the Director and
participating in a program | 12 |
| created under subsection (k) of Section 10.
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| (v) "TRS benefit recipient" means a person who:
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| (1) is not a "member" as defined in this Section; and
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| (2) is receiving a monthly benefit or retirement | 16 |
| annuity
under Article 16 of the Illinois Pension Code; and
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| (3) either (i) has at least 8 years of creditable | 18 |
| service under Article
16 of the Illinois Pension Code, or | 19 |
| (ii) was enrolled in the health insurance
program offered | 20 |
| under that Article on January 1, 1996, or (iii) is the | 21 |
| survivor
of a benefit recipient who had at least 8
years of | 22 |
| creditable service under Article 16 of the Illinois Pension | 23 |
| Code or
was enrolled in the health insurance program | 24 |
| offered under that Article on
the effective date of this | 25 |
| amendatory Act of 1995, or (iv) is a recipient or
survivor | 26 |
| of a recipient of a disability benefit under Article 16 of | 27 |
| the
Illinois Pension Code.
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| (w) "TRS dependent beneficiary" means a person who:
| 29 |
| (1) is not a "member" or "dependent" as defined in | 30 |
| this Section; and
| 31 |
| (2) is a TRS benefit recipient's: (A) spouse, (B) | 32 |
| dependent parent who
is receiving at least half of his or | 33 |
| her support from the TRS benefit
recipient, or (C) | 34 |
| unmarried natural or adopted child who is (i) under age
19, | 35 |
| or (ii) enrolled as a full-time student in
an accredited | 36 |
| school, financially dependent upon the TRS benefit |
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| recipient,
eligible to be claimed as a dependent for income | 2 |
| tax
purposes, and
either is under age 24 or was, on January | 3 |
| 1, 1996, participating as a dependent
beneficiary in the | 4 |
| health insurance program offered under Article 16 of the
| 5 |
| Illinois Pension Code, or (iii) age 19 or over who is | 6 |
| mentally or physically
handicapped.
| 7 |
| (x) "Military leave with pay and benefits" refers to | 8 |
| individuals in basic
training for reserves, special/advanced | 9 |
| training, annual training, emergency
call up, or activation by | 10 |
| the President of the United States with approved pay
and | 11 |
| benefits.
| 12 |
| (y) "Military leave without pay and benefits" refers to
| 13 |
| individuals who enlist for active duty in a regular component | 14 |
| of the U.S. Armed
Forces or other duty not specified or | 15 |
| authorized under military leave with pay
and benefits.
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| (z) "Community college benefit recipient" means a person | 17 |
| who:
| 18 |
| (1) is not a "member" as defined in this Section; and
| 19 |
| (2) is receiving a monthly survivor's annuity or | 20 |
| retirement annuity
under Article 15 of the Illinois Pension | 21 |
| Code; and
| 22 |
| (3) either (i) was a full-time employee of a community | 23 |
| college district or
an association of community college | 24 |
| boards created under the Public Community
College Act | 25 |
| (other than an employee whose last employer under Article | 26 |
| 15 of the
Illinois Pension Code was a community college | 27 |
| district subject to Article VII
of the Public Community | 28 |
| College Act) and was eligible to participate in a group
| 29 |
| health benefit plan as an employee during the time of | 30 |
| employment with a
community college district (other than a | 31 |
| community college district subject to
Article VII of the | 32 |
| Public Community College Act) or an association of | 33 |
| community
college boards, or (ii) is the survivor of a | 34 |
| person described in item (i).
| 35 |
| (aa) "Community college dependent beneficiary" means a | 36 |
| person who:
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| (1) is not a "member" or "dependent" as defined in | 2 |
| this Section; and
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| (2) is a community college benefit recipient's: (A) | 4 |
| spouse, (B) dependent
parent who is receiving at least half | 5 |
| of his or her support from the community
college benefit | 6 |
| recipient, or (C) unmarried natural or adopted child who is | 7 |
| (i)
under age 19, or (ii) enrolled as a full-time student | 8 |
| in an accredited school,
financially dependent upon the | 9 |
| community college benefit recipient, eligible
to be | 10 |
| claimed as a dependent for income tax purposes and under | 11 |
| age 23, or (iii)
age 19 or over and mentally or physically | 12 |
| handicapped.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-186, eff. 1-1-02; 92-204, | 14 |
| eff. 8-1-01;
92-651, eff. 7-11-02; 93-205, eff. 1-1-04.)
| 15 |
| Section 10. The Illinois Pension Code is amended by | 16 |
| changing
Section 15-106 as follows:
| 17 |
| (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 18 |
| Sec. 15-106. Employer. "Employer": The University of | 19 |
| Illinois, Southern
Illinois University, Chicago State | 20 |
| University, Eastern Illinois University,
Governors State | 21 |
| University, Illinois State University, Northeastern Illinois
| 22 |
| University, Northern Illinois University, Western Illinois | 23 |
| University, the
State Board of Higher Education, the Illinois | 24 |
| Mathematics and Science Academy,
the State Geological Survey | 25 |
| Division of the Department of Natural Resources,
the State | 26 |
| Natural History Survey Division of the Department of Natural
| 27 |
| Resources, the State Water Survey Division of the Department of | 28 |
| Natural
Resources, the Waste Management and Research Center of | 29 |
| the Department of
Natural Resources, the University Civil | 30 |
| Service Merit Board, the Board of
Trustees of the State | 31 |
| Universities Retirement System, the Illinois Community
College | 32 |
| Board, community college
boards, any association of community | 33 |
| college boards organized under Section
3-55 of the Public | 34 |
| Community College Act, the Board of Accountancy
Examiners |
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|
| 1 |
| established
under the Illinois Public Accounting Act, and, only | 2 |
| during the period for which
employer contributions required | 3 |
| under Section 15-155 are paid, the following
organizations: the | 4 |
| alumni associations, the foundations and the athletic
| 5 |
| associations which are affiliated with the universities and | 6 |
| colleges included
in this Section as employers. A department as | 7 |
| defined in Section 14-103.04 is
an employer for any person | 8 |
| appointed by the Governor under the Civil
Administrative Code | 9 |
| of Illinois who is a participating employee as defined in
| 10 |
| Section 15-109. The cities of Champaign and Urbana shall be | 11 |
| considered
employers, but only during the period for which | 12 |
| contributions are required to
be made under subsection (b-1) of | 13 |
| Section 15-155 and only with respect to
individuals described | 14 |
| in subsection (h) of Section 15-107.
| 15 |
| (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490, | 16 |
| eff. 8-17-97;
90-511, eff. 8-22-97; 90-576, eff. 3-31-98; | 17 |
| 90-655, eff. 7-30-98.)
| 18 |
| Section 15. The Illinois Public Accounting Act is amended | 19 |
| by changing
Sections 0.03, 2, 3, 20.1, and 32
as
follows:
| 20 |
| (225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
| 21 |
| (Section scheduled to be repealed on January 1, 2014)
| 22 |
| (Text of Section before amendment by P.A. 92-457 )
| 23 |
| Sec. 0.03. Definitions. As used in this Act, unless the | 24 |
| context
otherwise requires:
| 25 |
| (a) "Certified Public Accountant" means any person who | 26 |
| has been issued
a certificate as a certified public
accountant | 27 |
| from the University of Illinois.
| 28 |
| (b) "Public Accountant" means any person licensed under | 29 |
| this Act.
| 30 |
| (c) "Department" means the Department of Professional | 31 |
| Regulation.
| 32 |
| (d) "Director" means the Director of Professional | 33 |
| Regulation.
| 34 |
| (e) "Committee" means the Illinois Public Accountants |
|
|
|
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| Registration
Committee appointed by the Director.
| 2 |
| (f) "License", "licensee" and "licensure" refers to the | 3 |
| authorization
to practice under the provisions of this Act.
| 4 |
| (g) "Peer review program" means a study, appraisal, or | 5 |
| review of one or
more aspects of the professional work of a | 6 |
| person or firm certified or licensed
under this Act, including | 7 |
| quality review, peer review, practice monitoring,
quality | 8 |
| assurance, and similar programs undertaken voluntarily or in | 9 |
| response
to membership requirements in a professional | 10 |
| organization, or as a
prerequisite to the providing of | 11 |
| professional services under government
requirements, or any | 12 |
| similar internal review or inspection that is required by
| 13 |
| professional standards.
| 14 |
| (h) "Review committee" means any person or persons | 15 |
| conducting, reviewing,
administering, or supervising a peer | 16 |
| review program.
| 17 |
| (i) "University" means the University of Illinois.
| 18 |
| (j) "Board" means the Board of Accountancy
Examiners | 19 |
| established
under Section 2.
| 20 |
| (Source: P.A. 88-36.)
| 21 |
| (Text of Section after amendment by P.A. 92-457 )
| 22 |
| Sec. 0.03. Definitions. As used in this Act, unless the | 23 |
| context
otherwise requires:
| 24 |
| (a) "Certified Public Accountant" means any person who | 25 |
| has been issued
a certificate as a
certified public
accountant | 26 |
| from the Board of Accountancy
Examiners .
| 27 |
| (b) "Licensed Certified Public Accountant" means any | 28 |
| person licensed
under this Act.
| 29 |
| (c) (Blank).
| 30 |
| (d) (Blank).
| 31 |
| (e) (Blank).
| 32 |
| (f) "License", "licensee" and "licensure" refers to the | 33 |
| authorization
to practice under the provisions of this Act.
| 34 |
| (g) "Peer review program" means a study, appraisal, or |
|
|
|
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| review of one or
more aspects of the professional work of a | 2 |
| person or firm certified or licensed
under this Act, including | 3 |
| quality review, peer review, practice monitoring,
quality | 4 |
| assurance, and similar programs undertaken voluntarily or in | 5 |
| response
to membership requirements in a professional | 6 |
| organization, or as a
prerequisite to the providing of | 7 |
| professional services under government
requirements, or any | 8 |
| similar internal review or inspection that is required by
| 9 |
| professional standards.
| 10 |
| (h) "Review committee" means any person or persons | 11 |
| conducting, reviewing,
administering, or supervising a peer | 12 |
| review program.
| 13 |
| (i) "University" means the University of Illinois.
| 14 |
| (j) "Board" means the Board of Accountancy
Examiners | 15 |
| established
under Section 2.
| 16 |
| (Source: P.A. 92-457, eff. 7-1-04.)
| 17 |
| (225 ILCS 450/2) (from Ch. 111, par. 5502)
| 18 |
| (Section scheduled to be repealed on January 1, 2014)
| 19 |
| (Text of Section before amendment by P.A. 92-457 )
| 20 |
| Sec. 2. Examinations. The University shall appoint a Board | 21 |
| of
Accountancy
Examiners that shall determine the | 22 |
| qualifications of
persons applying for
certificates and shall | 23 |
| make rules for and arrange for the conduct of
examinations for | 24 |
| determining
the qualifications.
| 25 |
| The Board shall consist of 9 members
examiners , at least 7 | 26 |
| of whom
shall be certified
public accountants in this State who | 27 |
| have been residents of this State for at
least 5 years | 28 |
| immediately preceding their appointment. One shall be either
an | 29 |
| accountant of the grade herein described or an attorney | 30 |
| licensed and
residing in this State and one shall be a | 31 |
| certified public accountant who is an
active or retired | 32 |
| educator residing in this State. The term of office of each
| 33 |
| member
examiner shall be 3 years, except that upon the | 34 |
| enactment of
this
amendatory Act of 1993, those members | 35 |
| currently serving on the Board
shall continue to serve the |
|
|
|
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| duration of their terms, one additional member
examiner
shall | 2 |
| be appointed for a term of one year and , one additional
member
| 3 |
| examiner
for a term
of 2 years , and 2 additional examiners for | 4 |
| a term of 3 years . As the term
of
each member
examiner expires, | 5 |
| the appointment shall be filled for a
term of 3 years
from the | 6 |
| date of expiration. Any Board member who has served as a member | 7 |
| for 6
consecutive years shall not be eligible for reappointment | 8 |
| until 2 years after
the end of the term in which the sixth | 9 |
| consecutive year of service occurred.
| 10 |
| The Board shall have an audit of its
books and accounts | 11 |
| made at least once a year by the Auditor General.
| 12 |
| Information regarding educational requirements, the | 13 |
| application process,
the examination, and fees shall be | 14 |
| available on the the Board's Internet web
site
as well as in
| 15 |
| printed documents available from the Board's office.
The time | 16 |
| and place of holding the examinations shall be determined by | 17 |
| the
Board and shall be duly advertised by the Board.
| 18 |
| The examination shall test the applicant's knowledge of | 19 |
| accounting, auditing,
and other related subjects, if any, as | 20 |
| the Board may deem advisable. Prior
to implementation of a | 21 |
| computer-based examination, a
candidate must be examined in all | 22 |
| subjects except that a candidate who has
passed in 2 or more | 23 |
| subjects and who attained a minimum grade in each subject
| 24 |
| failed as may be established by Board regulations shall have | 25 |
| the right to be
re-examined in the remaining subjects at one or | 26 |
| more of the next 6
succeeding examinations.
Upon implementation | 27 |
| of a computer-based examination, a
candidate shall be required | 28 |
| to pass all sections of the examination in order to
qualify for | 29 |
| a certificate. A candidate may take the required test sections
| 30 |
| individually and in any order, as long as the examination is | 31 |
| taken within
a timeframe established by
Board rule.
| 32 |
| The Board may in certain cases waive or defer any of the | 33 |
| requirements of
this Section regarding the circumstances in | 34 |
| which the various Sections of the
examination must be passed | 35 |
| upon a showing that, by reasons of circumstances
beyond the | 36 |
| applicant's control, the applicant was unable to meet the
|
|
|
|
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LRB093 14118 AMC 19585 b |
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| requirement.
| 2 |
| Applicants may also be required to pass an examination on | 3 |
| the rules of
professional conduct, as determined by Board rule | 4 |
| to be appropriate.
| 5 |
| The examinations shall be given at least
twice a year.
| 6 |
| Any application, document or other information filed by or | 7 |
| concerning an
applicant and any examination grades of an | 8 |
| applicant shall be deemed
confidential and shall not be | 9 |
| disclosed to anyone without the prior written
permission of the | 10 |
| applicant, except that it is hereby deemed in the public
| 11 |
| interest that the names and addresses only of all applicants | 12 |
| shall be a public
record and be released as public information. | 13 |
| Nothing herein shall prevent the
Board from making public | 14 |
| announcement of the names of persons receiving
certificates | 15 |
| under this Act.
| 16 |
| The Board shall adopt all necessary and reasonable rules | 17 |
| and regulations ,
employ staff, enter into contracts, and take | 18 |
| such other actions as
may be necessary for the effective | 19 |
| administration of the Sections of this Act
for which it
is | 20 |
| charged with administering. Without limiting the foregoing, | 21 |
| the Board
shall adopt and prescribe rules and regulations for a | 22 |
| fair and wholly and
impartial method of determining the | 23 |
| qualifications of applicants for
examination and for a fair and | 24 |
| wholly and impartial method of examination
of
persons under | 25 |
| Section 2 and may establish rules for subjects conditioned and
| 26 |
| for the transfer of credits from other jurisdictions with | 27 |
| respect to subjects
passed.
| 28 |
| (Source: P.A. 88-36.)
| 29 |
| (Text of Section after amendment by P.A. 92-457 )
| 30 |
| Sec. 2. Examinations. The Governor shall appoint a Board
| 31 |
| of
Accountancy
Examiners that shall determine the | 32 |
| qualifications of
persons applying for
certificates and shall | 33 |
| make rules for and arrange for the conduct of
examinations for | 34 |
| determining
the qualifications.
The Board shall consist of not |
|
|
|
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| less than 9 nor more than
11 members
examiners , as determined | 2 |
| by Board rule, including 2 public
members. The
remainder shall | 3 |
| be
certified
public accountants in this State who have been | 4 |
| residents of this State for at
least 5 years immediately | 5 |
| preceding their appointment, except that one shall be
either
a | 6 |
| certified public accountant of the grade herein described or an
| 7 |
| attorney licensed and
residing in this State and one shall be a | 8 |
| certified public accountant who is an
active or retired | 9 |
| educator residing in this State. The term of office of each
| 10 |
| member
examiner shall be 3 years, except that upon the | 11 |
| enactment of
this
amendatory Act of the 92nd General Assembly, | 12 |
| those members
currently serving on the Board
shall continue to | 13 |
| serve the duration of their terms, one additional member
| 14 |
| examiner
shall be appointed for a term of one year and , one | 15 |
| additional
member
examiner
for a term
of 2 years , and any | 16 |
| additional examiners for terms of
3 years . As the term of
each | 17 |
| member
examiner expires, the appointment shall be filled for a
| 18 |
| term of 3 years
from the date of expiration. Any Board member | 19 |
| who has served as a member for 6
consecutive years shall not be | 20 |
| eligible for reappointment until 2 years after
the end of the | 21 |
| term in which the sixth consecutive year of service occurred,
| 22 |
| except that members of the
Board serving on the effective date | 23 |
| of this Section shall be eligible
for appointment to one | 24 |
| additional 3-year term. Where the expiration of
any member's | 25 |
| term shall result in less than 9
11 members then serving
on
the | 26 |
| Board, the member shall continue to serve until his or her | 27 |
| successor is
appointed and has qualified. The Governor may | 28 |
| terminate the term of any
member of the Board at any time for | 29 |
| cause.
| 30 |
| The Board shall have an audit of its
books and accounts | 31 |
| made at least once a year by the Auditor General.
| 32 |
| Information regarding educational requirements, the | 33 |
| application process,
the
examination, and fees shall be | 34 |
| available on the Board's Internet web site as
well as in
| 35 |
| printed documents available from the Board's office.
The time | 36 |
| and place of holding the examinations shall be determined by |
|
|
|
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LRB093 14118 AMC 19585 b |
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| 1 |
| the
Board and shall be duly advertised by the Board.
| 2 |
| The examination shall test the applicant's knowledge of | 3 |
| accounting, auditing,
and other related subjects, if any, as | 4 |
| the Board may deem advisable. Prior
to
implementation of a | 5 |
| computer-based examination, a
candidate must be examined in all | 6 |
| subjects except that a candidate who has
passed in 2 or more | 7 |
| subjects and who attained a minimum grade in each subject
| 8 |
| failed as may be established by Board regulations shall have | 9 |
| the right to be
re-examined in the remaining subjects at one or | 10 |
| more of the next 6
succeeding examinations.
Upon implementation | 11 |
| of a computer-based examination, a
candidate shall be required | 12 |
| to pass all sections of the examination in order to
qualify for | 13 |
| a certificate. A candidate may take the required test sections
| 14 |
| individually and in any order, as long as the examination is | 15 |
| taken within a
timeframe established by
Board rule.
| 16 |
| The Board may in certain cases waive or defer any of the | 17 |
| requirements of
this Section regarding the circumstances in | 18 |
| which the various Sections of the
examination must be passed | 19 |
| upon a showing that, by reasons of circumstances
beyond the | 20 |
| applicant's control, the applicant was unable to meet the
| 21 |
| requirement.
| 22 |
| Applicants may also be required
to pass an examination on | 23 |
| the rules of
professional conduct, as determined by Board rule | 24 |
| to be appropriate.
| 25 |
| The examinations shall be given at least
twice a year.
| 26 |
| Any application, document or other information filed by or | 27 |
| concerning an
applicant and any examination grades of an | 28 |
| applicant shall be deemed
confidential and shall not be | 29 |
| disclosed to anyone without the prior written
permission of the | 30 |
| applicant, except that it is hereby deemed in the public
| 31 |
| interest that the names and addresses only of all applicants | 32 |
| shall be a public
record and be released as public information. | 33 |
| Nothing herein shall prevent the
Board from making public | 34 |
| announcement of the names of persons receiving
certificates | 35 |
| under this Act.
| 36 |
| The Board shall adopt all necessary and reasonable rules |
|
|
|
SB2109 Engrossed |
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LRB093 14118 AMC 19585 b |
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| 1 |
| and regulations ,
employ staff, enter into contracts, and take | 2 |
| such other actions as may be
necessary for the effective | 3 |
| administration of this Act. Without limiting the
foregoing,
the | 4 |
| Board
shall adopt and prescribe rules and regulations for a | 5 |
| fair and wholly and
impartial method of determining the | 6 |
| qualifications of applicants for
examination and for a fair and | 7 |
| wholly and impartial method of examination
of
persons under | 8 |
| Section 2 and may establish rules for subjects conditioned and
| 9 |
| for the transfer of credits from other jurisdictions with | 10 |
| respect to subjects
passed.
| 11 |
| (Source: P.A. 92-457, eff. 7-1-04.)
| 12 |
| (225 ILCS 450/3) (from Ch. 111, par. 5504)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| (Text of Section before amendment by P.A. 92-457 )
| 15 |
| Sec. 3. Qualifications of applicants. To be admitted to | 16 |
| take the examination
given before January 1, 2001, for the | 17 |
| purpose of determining the qualifications
of applicants for | 18 |
| certificates as certified public accountants under this Act,
| 19 |
| the applicants shall be required to present proof of the | 20 |
| successful completion
of 120 college or university semester | 21 |
| hours of study or their equivalent from a
school or schools | 22 |
| acceptable to the Board. Of the 120 semester
hours, at least 27 | 23 |
| semester hours shall be in the study of accounting,
auditing | 24 |
| and business law, provided that of the 27 hours not more than 6
| 25 |
| shall be in business law. To be admitted to take the | 26 |
| examination after the
year 2000, for the purpose of determining | 27 |
| the qualifications of applicants
for certificates as certified | 28 |
| public accountants under this Act, the
applicants shall be | 29 |
| required to present proof of the successful completion
of 150 | 30 |
| college or university semester hours of study or other | 31 |
| credit-hour
their equivalent,
to include a baccalaureate or | 32 |
| higher degree conferred by a college or
university acceptable | 33 |
| to the Board of Accountancy
Examiners , the total
educational
| 34 |
| program to include an accounting concentration or equivalent as | 35 |
| determined
by Board rules to be appropriate. In adopting those |
|
|
|
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| 1 |
| rules, the Board shall
consider, among other things, any | 2 |
| impediments to the interstate practice of
public accounting | 3 |
| that may result from differences in the requirements in
other | 4 |
| states.
| 5 |
| Candidates who have taken the examination at least once | 6 |
| before January
1, 2001, may take the examination under the | 7 |
| qualifications in effect when
they first took the examination.
| 8 |
| (Source: P.A. 87-726; 88-36.)
| 9 |
| (Text of Section after amendment by P.A. 92-457 )
| 10 |
| Sec. 3. Qualifications of applicants. To be admitted to | 11 |
| take the examination
after the
year 2000, for the purpose of | 12 |
| determining the qualifications of applicants
for certificates | 13 |
| as certified public accountants under this Act, the
applicants | 14 |
| shall be required to present proof of the successful completion
| 15 |
| of 150 college or university semester hours of study or other | 16 |
| credit-hour
their equivalent,
to include a baccalaureate or | 17 |
| higher degree conferred by a college or
university acceptable | 18 |
| to the Board of Accountancy
Examiners , the total
educational
| 19 |
| program to include an accounting concentration or equivalent as | 20 |
| determined
by Board rules to be appropriate. In adopting those | 21 |
| rules, the Board shall
consider, among other things, any | 22 |
| impediments to the interstate practice of
public accounting | 23 |
| that may result from differences in the requirements in
other | 24 |
| states.
| 25 |
| Candidates who have taken the examination at least once | 26 |
| before January
1, 2001, may take the examination under the | 27 |
| qualifications in effect when
they first took the examination.
| 28 |
| (Source: P.A. 92-457, eff. 7-1-04.)
| 29 |
| (225 ILCS 450/32) (from Ch. 111, par. 5537)
| 30 |
| (Section scheduled to be repealed on January 1, 2014)
| 31 |
| Sec. 32. (a) This subsection (a) applies only until July | 32 |
| 1, 2004.
| 33 |
| All
moneys received by the
Department
of Professional
|
|
|
|
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| 1 |
| Regulation
under this Act shall be deposited into the | 2 |
| Registered Certified
Public Accountants' Administration and | 3 |
| Disciplinary Fund, which is hereby
created as a special fund in | 4 |
| the State Treasury. The funds in the account
shall be used by | 5 |
| the Department or the Board, as appropriated, exclusively
for | 6 |
| expenses
of the Department
of Professional
Regulation, the | 7 |
| Public Accountants' Registration
Committee, or the Board in the
| 8 |
| administration of this Act.
| 9 |
| Moneys in the Registered Certified Public Accountants' | 10 |
| Administration and
Disciplinary Fund may be invested and | 11 |
| reinvested, with all earnings
received from the investments to | 12 |
| be deposited into the Registered Certified
Public Accountants' | 13 |
| Administration and Disciplinary Fund.
| 14 |
| Moneys from the Fund may also be used for direct and | 15 |
| allocable indirect
costs related to the public purposes of the | 16 |
| Department of Professional
Regulation or the Board. Moneys in | 17 |
| the Fund may be transferred to the
Professions Indirect
Cost | 18 |
| Fund as authorized by Section 2105-300 of the Department of
| 19 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
| 20 |
| (b) This subsection (b) applies beginning July 1, 2004.
| 21 |
| The Board shall establish and maintain a fund called
the
| 22 |
| Examination Fund, which shall consist of and in which there | 23 |
| shall be deposited
(i) fees received or charges made by the | 24 |
| Board for the CPA or other
examinations and (ii) fees received | 25 |
| or charges made by the Board relating to
the issuance of
CPA | 26 |
| certificates.
Any money available in the Examination Fund may | 27 |
| be used for the payment of
the costs related to the | 28 |
| examinations offered pursuant to this Act and to the
issuance | 29 |
| of certificates as Certified Public Accountants. Any
money | 30 |
| determined by the Board to be in excess of the amount | 31 |
| determined to be
needed
for the future costs of the | 32 |
| examinations may be transferred to the General
Accounting Fund.
| 33 |
| The Board shall establish and maintain a fund called the
| 34 |
| General Accounting Fund, which shall consist of and in which | 35 |
| there shall be
deposited (i) fees received or charges made by | 36 |
| the Board for issuing, renewing,
disciplining, or restoring |
|
|
|
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| 1 |
| licenses, (ii) fees received or charges made by
the Board | 2 |
| relating to the registration of continuing education sponsors, | 3 |
| and
(iii) any money transferred to from any other fund or made | 4 |
| available by the
State for the purpose of the General | 5 |
| Accounting Fund or for the operating
expenses of the Board.
Any | 6 |
| money available in the General Fund may be used for the payment | 7 |
| of the
expenses of the Board other than those paid from the | 8 |
| Examination Fund.
| 9 |
| No amount may be expended for the Board's expenses in any
| 10 |
| year out of the General Accounting Fund or Examination Fund or | 11 |
| from any account
in those
funds in excess of the amount | 12 |
| provided for the Board's operating expenses by
the annual | 13 |
| budget for that year or any amendment of the annual budget in | 14 |
| effect
at the time of the payment or expenditure for operating | 15 |
| expenses.
| 16 |
| The Board may establish any accounts in the Examination | 17 |
| Fund or the General
Accounting Fund that are, in its | 18 |
| discretion, necessary, desirable, or
convenient to further the | 19 |
| accomplishments of the Board under this Act.
All
moneys | 20 |
| received by the
Board under this Act shall be deposited into | 21 |
| the Registered Certified
Public Accountants' Administration | 22 |
| and Disciplinary Fund,
a special fund in the State treasury. | 23 |
| The moneys in the Fund
shall be used by the Board, as | 24 |
| appropriated, exclusively
for expenses
of the Department
of | 25 |
| Professional
Regulation
and the Board
in the
administration of | 26 |
| this Act.
| 27 |
| Moneys in the Registered Certified Public Accountants' | 28 |
| Administration and
Disciplinary Fund may be invested and | 29 |
| reinvested, with all earnings
received from the investments to | 30 |
| be deposited into the Registered Certified
Public Accountants' | 31 |
| Administration and Disciplinary Fund.
| 32 |
| (Source: P.A. 91-239, eff. 1-1-00; 92-457, eff. 8-21-01.)
| 33 |
| Section 95. No acceleration or delay. Where this Act makes | 34 |
| changes in a
statute that is represented in this Act by text | 35 |
| that is not yet or no longer
in effect (for example, a Section |
|
|
|
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| 1 |
| represented by multiple versions), the use
of that text does | 2 |
| not accelerate or delay the taking effect of (i) the changes
| 3 |
| made by this Act or (ii) provisions derived from any other | 4 |
| Public Act.
| 5 |
| Section 97. Severability. The provisions of this Act are | 6 |
| severable under
Section 1.31 of the Statute on Statutes.
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law. |
|