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SB1449 Engrossed |
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LRB094 08655 JAM 38864 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Employees Group Insurance Act of 1971 |
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| 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 |
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| requires, the
following words and phrases as used in this Act |
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| shall have the following
meanings. The Department may define |
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| these and other words and phrases
separately for the purpose of |
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| implementing specific programs providing benefits
under this |
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| Act.
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| (a) "Administrative service organization" means any |
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| person, firm or
corporation experienced in the handling of |
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| claims which is
fully qualified, financially sound and capable |
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| of meeting the service
requirements of a contract of |
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| administration executed with the Department.
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| (b) "Annuitant" means (1) an employee who retires, or has |
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| retired,
on or after January 1, 1966 on an immediate annuity |
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| under the provisions
of Articles 2, 14 (including an employee |
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| who has elected to receive an alternative retirement |
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| cancellation payment under Section 14-108.5 of the Illinois |
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| Pension Code in lieu of an annuity), 15 (including an employee |
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| who has retired under the optional
retirement program |
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| established under Section 15-158.2),
paragraphs (2), (3), or |
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| (5) of Section 16-106, or
Article 18 of the Illinois Pension |
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| Code; (2) any person who was receiving
group insurance coverage |
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| under this Act as of March 31, 1978 by
reason of his status as |
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| an annuitant, even though the annuity in relation
to which such |
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| coverage was provided is a proportional annuity based on less
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| than the minimum period of service required for a retirement |
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| annuity in
the system involved; (3) any person not otherwise |
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LRB094 08655 JAM 38864 b |
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| covered by this Act
who has retired as a participating member |
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| under Article 2 of the Illinois
Pension Code but is ineligible |
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| for the retirement annuity under Section
2-119 of the Illinois |
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| Pension Code; (4) the spouse of any person who
is receiving a |
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| retirement annuity under Article 18 of the Illinois Pension
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| Code and who is covered under a group health insurance program |
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| sponsored
by a governmental employer other than the State of |
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| Illinois and who has
irrevocably elected to waive his or her |
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| coverage under this Act and to have
his or her spouse |
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| considered as the "annuitant" under this Act and not as
a |
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| "dependent"; or (5) an employee who retires, or has retired, |
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| from a
qualified position, as determined according to rules |
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| promulgated by the
Director, under a qualified local government |
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| or a qualified rehabilitation
facility or a qualified domestic |
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| violence shelter or service. (For definition
of "retired |
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| employee", see (p) post).
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| (b-5) "New SERS annuitant" means a person who, on or after |
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| January 1,
1998, becomes an annuitant, as defined in subsection |
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| (b), by virtue of
beginning to receive a retirement annuity |
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| under Article 14 of the Illinois
Pension Code (including an |
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| employee who has elected to receive an alternative retirement |
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| cancellation payment under Section 14-108.5 of that Code in |
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| lieu of an annuity), and is eligible to participate in the |
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| basic program of group
health benefits provided for annuitants |
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| under this Act.
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| (b-6) "New SURS annuitant" means a person who (1) on or |
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| after January 1,
1998, becomes an annuitant, as defined in |
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| subsection (b), by virtue of
beginning to receive a retirement |
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| annuity under Article 15 of the Illinois
Pension Code, (2) has |
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| not made the election authorized under Section 15-135.1
of the |
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| Illinois Pension Code, and (3) is eligible to participate in |
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| the basic
program of group
health benefits provided for |
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| annuitants under this Act.
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| (b-7) "New TRS State annuitant" means a person who, on or |
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| after July
1, 1998, becomes an annuitant, as defined in |
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| subsection (b), by virtue of
beginning to receive a retirement |
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| annuity under Article 16 of the Illinois
Pension Code based on |
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| service as a teacher as defined in
paragraph (2), (3), or (5) |
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| of Section 16-106 of that Code, and is eligible
to participate |
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| in the basic program of group health benefits provided for
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| annuitants under this Act.
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| (c) "Carrier" means (1) an insurance company, a corporation |
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| organized
under the Limited Health Service Organization Act or |
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| the Voluntary Health
Services Plan Act, a partnership, or other |
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| nongovernmental organization,
which is authorized to do group |
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| life or group health insurance business in
Illinois, or (2) the |
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| State of Illinois as a self-insurer.
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| (d) "Compensation" means salary or wages payable on a |
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| regular
payroll by the State Treasurer on a warrant of the |
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| State Comptroller out
of any State, trust or federal fund, or |
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| by the Governor of the State
through a disbursing officer of |
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| the State out of a trust or out of
federal funds, or by any |
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| Department out of State, trust, federal or
other funds held by |
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| the State Treasurer or the Department, to any person
for |
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| personal services currently performed, and ordinary or |
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| accidental
disability benefits under Articles 2, 14, 15 |
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| (including ordinary or accidental
disability benefits under |
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| the optional retirement program established under
Section |
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| 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or |
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| Article 18 of the Illinois Pension Code, for disability
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| incurred after January 1, 1966, or benefits payable under the |
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| Workers'
Compensation or Occupational Diseases Act or benefits |
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| payable under a sick
pay plan established in accordance with |
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| Section 36 of the State Finance Act.
"Compensation" also means |
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| salary or wages paid to an employee of any
qualified local |
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| government or qualified rehabilitation facility or a
qualified |
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| domestic violence shelter or service.
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| (e) "Commission" means the State Employees Group Insurance |
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| Advisory
Commission authorized by this Act. Commencing July 1, |
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| 1984, "Commission"
as used in this Act means the Commission on |
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| Government Forecasting and Accountability as
established by |
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| the Legislative Commission Reorganization Act of 1984.
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| (f) "Contributory", when referred to as contributory |
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| coverage, shall
mean optional coverages or benefits elected by |
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| the member toward the cost of
which such member makes |
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| contribution, or which are funded in whole or in part
through |
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| the acceptance of a reduction in earnings or the foregoing of |
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| an
increase in earnings by an employee, as distinguished from |
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| noncontributory
coverage or benefits which are paid entirely by |
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| the State of Illinois
without reduction of the member's salary.
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| (g) "Department" means any department, institution, board,
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| commission, officer, court or any agency of the State |
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| government
receiving appropriations and having power to |
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| certify payrolls to the
Comptroller authorizing payments of |
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| salary and wages against such
appropriations as are made by the |
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| General Assembly from any State fund, or
against trust funds |
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| held by the State Treasurer and includes boards of
trustees of |
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| the retirement systems created by Articles 2, 14, 15, 16 and
18 |
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| of the Illinois Pension Code. "Department" also includes the |
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| Illinois
Comprehensive Health Insurance Board, the Board of |
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| Examiners established under
the Illinois Public Accounting |
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| Act, and the Illinois Finance Authority.
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| (h) "Dependent", when the term is used in the context of |
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| the health
and life plan, means a member's spouse and any |
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| unmarried child (1) from
birth to age 19 including an adopted |
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| child, a child who lives with the
member from the time of the |
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| filing of a petition for adoption until entry
of an order of |
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| adoption, a stepchild or recognized child who lives with the
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| member in a parent-child relationship, or a child who lives |
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| with the member
if such member is a court appointed guardian of |
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| the child, or (2)
age 19 to 23 enrolled as a full-time student |
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| in any accredited school,
financially dependent upon the |
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| member, and eligible to be claimed as a
dependent for income |
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| tax purposes, or (3) age 19 or over who is mentally
or |
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| physically handicapped. For
the health plan only, the term |
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| "dependent" also includes any person
enrolled prior to the |
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| effective date of this Section who is dependent upon
the member |
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| to the extent that the member may claim such person as a
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LRB094 08655 JAM 38864 b |
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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 |
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| "dependent" also includes any person who
has received after |
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| 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 |
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| dependent for income
tax purposes.
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| (i) "Director" means the Director of the Illinois |
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| Department of Central
Management Services.
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| (j) "Eligibility period" means the period of time a member |
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| has to
elect enrollment in programs or to select benefits |
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| without regard to
age, sex or health.
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| (k) "Employee" means and includes each officer or employee |
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| in the
service of a department who (1) receives his |
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| compensation for
service rendered to the department on a |
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| warrant issued pursuant to a payroll
certified by a department |
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| or on a warrant or check issued and drawn by a
department upon |
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| a trust, federal or other fund or on a warrant issued
pursuant |
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| to a payroll certified by an elected or duly appointed officer
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| of the State or who receives payment of the performance of |
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| personal
services on a warrant issued pursuant to a payroll |
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| certified by a
Department and drawn by the Comptroller upon the |
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| State Treasurer against
appropriations made by the General |
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| Assembly from any fund or against
trust funds held by the State |
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| Treasurer, and (2) is employed full-time or
part-time in a |
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| position normally requiring actual performance of duty
during |
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| not less than 1/2 of a normal work period, as established by |
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| the
Director in cooperation with each department, except that |
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| persons elected
by popular vote will be considered employees |
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| during the entire
term for which they are elected regardless of |
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| hours devoted to the
service of the State, and (3) except that |
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| "employee" does not include any
person who is not eligible by |
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| reason of such person's employment to
participate in one of the |
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| State retirement systems under Articles 2, 14, 15
(either the |
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| regular Article 15 system or the optional retirement program
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| established under Section 15-158.2) or 18, or under paragraph |
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| (2), (3), or
(5) of Section 16-106, of the Illinois
Pension |
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LRB094 08655 JAM 38864 b |
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| Code, but such term does include persons who are employed |
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| during
the 6 month qualifying period under Article 14 of the |
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| Illinois Pension
Code. Such term also includes any person who |
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| (1) after January 1, 1966,
is receiving ordinary or accidental |
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| disability benefits under Articles
2, 14, 15 (including |
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| ordinary or accidental disability benefits under the
optional |
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| retirement program established under Section 15-158.2), |
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| paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of |
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| the
Illinois Pension Code, for disability incurred after |
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| January 1, 1966, (2)
receives total permanent or total |
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| temporary disability under the Workers'
Compensation Act or |
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| Occupational Disease Act as a result of injuries
sustained or |
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| illness contracted in the course of employment with the
State |
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| of Illinois, or (3) is not otherwise covered under this Act and |
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| has
retired as a participating member under Article 2 of the |
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| Illinois Pension
Code but is ineligible for the retirement |
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| annuity under Section 2-119 of
the Illinois Pension Code. |
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| However, a person who satisfies the criteria
of the foregoing |
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| definition of "employee" except that such person is made
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| ineligible to participate in the State Universities Retirement |
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| System by
clause (4) of subsection (a) of Section 15-107 of the |
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| Illinois Pension
Code is also an "employee" for the purposes of |
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| this Act. "Employee" also
includes any person receiving or |
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| eligible for benefits under a sick pay
plan established in |
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| accordance with Section 36 of the State Finance Act.
"Employee" |
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| also includes each officer or employee in the service of a
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| qualified local government, including persons appointed as |
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| trustees of
sanitary districts regardless of hours devoted to |
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| the service of the
sanitary district, and each employee in the |
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| service of a qualified
rehabilitation facility and each |
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| full-time employee in the service of a
qualified domestic |
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| violence shelter or service, as determined according to
rules |
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| promulgated by the Director. "Employee" also includes each |
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| employee in the service of a qualified human services provider, |
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| as determined by rules promulgated by the Director; provided |
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| that the qualified human services provider has opted for the |
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LRB094 08655 JAM 38864 b |
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| inclusion of its employees within the term "employee". The |
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| changes made to this subsection (k) by this amendatory Act of |
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| the 94th General Assembly are inoperative after December 31, |
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| 2009.
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| (l) "Member" means an employee, annuitant, retired |
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| employee or survivor.
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| (m) "Optional coverages or benefits" means those coverages |
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| or
benefits available to the member on his or her voluntary |
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| election, and at
his or her own expense.
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| (n) "Program" means the group life insurance, health |
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| benefits and other
employee benefits designed and contracted |
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| for by the Director under this Act.
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| (o) "Health plan" means a health benefits
program offered
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| by the State of Illinois for persons eligible for the plan.
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| (p) "Retired employee" means any person who would be an |
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| annuitant as
that term is defined herein but for the fact that |
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| such person retired prior to
January 1, 1966. Such term also |
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| includes any person formerly employed by
the University of |
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| Illinois in the Cooperative Extension Service who would
be an |
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| annuitant but for the fact that such person was made ineligible |
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| to
participate in the State Universities Retirement System by |
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| clause (4) of
subsection (a) of Section 15-107 of the Illinois
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| Pension Code.
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| (q) "Survivor" means a person receiving an annuity as a |
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| survivor of an
employee or of an annuitant. "Survivor" also |
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| includes: (1) the surviving
dependent of a person who satisfies |
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| the definition of "employee" except that
such person is made |
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| ineligible to participate in the State Universities
Retirement |
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| System by clause (4) of subsection (a)
of Section 15-107 of the |
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| Illinois Pension Code; (2) the surviving
dependent of any |
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| person formerly employed by the University of Illinois in
the |
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| Cooperative Extension Service who would be an annuitant except |
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| for the
fact that such person was made ineligible to |
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| participate in the State
Universities Retirement System by |
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| clause (4) of subsection (a) of Section
15-107 of the Illinois |
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| Pension Code; and (3) the surviving dependent of a person who |
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LRB094 08655 JAM 38864 b |
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| was an annuitant under this Act by virtue of receiving an |
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| alternative retirement cancellation payment under Section |
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| 14-108.5 of the Illinois Pension Code.
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| (q-2) "SERS" means the State Employees' Retirement System |
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| of Illinois, created under Article 14 of the Illinois Pension |
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| Code.
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| (q-3) "SURS" means the State Universities Retirement |
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| System, created under Article 15 of the Illinois Pension Code.
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| (q-4) "TRS" means the Teachers' Retirement System of the |
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| State of Illinois, created under Article 16 of the Illinois |
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| Pension Code.
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| (q-5) "New SERS survivor" means a survivor, as defined in |
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| subsection (q),
whose annuity is paid under Article 14 of the |
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| Illinois Pension Code and is
based on the death of (i) an |
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| employee whose death occurs on or after January 1,
1998, or |
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| (ii) a new SERS annuitant as defined in subsection (b-5). "New |
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| SERS survivor" includes the surviving dependent of a person who |
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| was an annuitant under this Act by virtue of receiving an |
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| alternative retirement cancellation payment under Section |
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| 14-108.5 of the Illinois Pension Code.
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| (q-6) "New SURS survivor" means a survivor, as defined in |
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| subsection (q),
whose annuity is paid under Article 15 of the |
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| Illinois Pension Code and is
based on the death of (i) an |
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| employee whose death occurs on or after January 1,
1998, or |
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| (ii) a new SURS annuitant as defined in subsection (b-6).
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| (q-7) "New TRS State survivor" means a survivor, as defined |
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| in subsection
(q), whose annuity is paid under Article 16 of |
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| the Illinois Pension Code and is
based on the death of (i) an |
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| employee who is a teacher as defined in paragraph
(2), (3), or |
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| (5) of Section 16-106 of that Code and whose death occurs on or
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| after July 1, 1998, or (ii) a new TRS State annuitant as |
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| defined in subsection
(b-7).
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| (r) "Medical services" means the services provided within |
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| the scope
of their licenses by practitioners in all categories |
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| licensed under the
Medical Practice Act of 1987.
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| (s) "Unit of local government" means any county, |
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LRB094 08655 JAM 38864 b |
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| municipality,
township, school district (including a |
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| combination of school districts under
the Intergovernmental |
3 |
| Cooperation Act), special district or other unit,
designated as |
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| a
unit of local government by law, which exercises limited |
5 |
| governmental
powers or powers in respect to limited |
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| governmental subjects, any
not-for-profit association with a |
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| membership that primarily includes
townships and township |
8 |
| officials, that has duties that include provision of
research |
9 |
| service, dissemination of information, and other acts for the
|
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| purpose of improving township government, and that is funded |
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| wholly or
partly in accordance with Section 85-15 of the |
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| Township Code; any
not-for-profit corporation or association, |
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| with a membership consisting
primarily of municipalities, that |
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| operates its own utility system, and
provides research, |
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| training, dissemination of information, or other acts to
|
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| promote cooperation between and among municipalities that |
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| provide utility
services and for the advancement of the goals |
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| and purposes of its
membership;
the Southern Illinois |
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| Collegiate Common Market, which is a consortium of higher
|
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| education institutions in Southern Illinois; and the Illinois |
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| Association of
Park Districts. "Qualified
local government" |
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| means a unit of local government approved by the Director and
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| participating in a program created under subsection (i) of |
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| Section 10 of this
Act.
|
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| (t) "Qualified
rehabilitation facility" means any
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| not-for-profit
organization that is accredited by the |
27 |
| Commission on Accreditation of
Rehabilitation Facilities or |
28 |
| certified by the Department
of Human Services (as successor to |
29 |
| the Department of Mental Health
and Developmental |
30 |
| Disabilities) to provide services
to persons with
disabilities
|
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| and which receives funds from the State of Illinois for |
32 |
| providing those
services, approved by the Director and
|
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| participating in a program created
under subsection (j) of |
34 |
| Section 10 of this Act.
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| (t-1) "Qualified human services provider" means any |
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| provider of human services that is certified by the Department
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| of Human Services to provide human services; that receives an |
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| average of at least 51% of its operating funds from the State |
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| of Illinois for providing those
services for the 3 fiscal years |
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| prior to the provider's application for coverage, approved by |
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| the Director; and that has employees within the definition of |
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| "employee" under subsection (k) of this Section. Qualified |
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| human service providers opting for inclusion of their employees |
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| within the term "employee" are responsible for paying the |
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| employer share of premiums under the program. The provisions of |
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| this subsection (t-1) are inoperative after December 31, 2009.
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| (u) "Qualified domestic violence shelter or service" means |
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| any Illinois
domestic violence shelter or service and its |
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| administrative offices funded
by the Department of Human |
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| Services (as successor to the Illinois Department of
Public |
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| Aid),
approved by the Director and
participating in a program |
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| created under subsection (k) of Section 10.
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| (v) "TRS benefit recipient" means a person who:
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| (1) is not a "member" as defined in this Section; and
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| (2) is receiving a monthly benefit or retirement |
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| annuity
under Article 16 of the Illinois Pension Code; and
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| (3) either (i) has at least 8 years of creditable |
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| service under Article
16 of the Illinois Pension Code, or |
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| (ii) was enrolled in the health insurance
program offered |
24 |
| under that Article on January 1, 1996, or (iii) is the |
25 |
| survivor
of a benefit recipient who had at least 8
years of |
26 |
| creditable service under Article 16 of the Illinois Pension |
27 |
| Code or
was enrolled in the health insurance program |
28 |
| offered under that Article on
the effective date of this |
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| amendatory Act of 1995, or (iv) is a recipient or
survivor |
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| of a recipient of a disability benefit under Article 16 of |
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| the
Illinois Pension Code.
|
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| (w) "TRS dependent beneficiary" means a person who:
|
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| (1) is not a "member" or "dependent" as defined in this |
34 |
| Section; and
|
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| (2) is a TRS benefit recipient's: (A) spouse, (B) |
36 |
| dependent parent who
is receiving at least half of his or |
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LRB094 08655 JAM 38864 b |
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| her support from the TRS benefit
recipient, or (C) |
2 |
| unmarried natural or adopted child who is (i) under age
19, |
3 |
| or (ii) enrolled as a full-time student in
an accredited |
4 |
| school, financially dependent upon the TRS benefit |
5 |
| recipient,
eligible to be claimed as a dependent for income |
6 |
| tax
purposes, and
either is under age 24 or was, on January |
7 |
| 1, 1996, participating as a dependent
beneficiary in the |
8 |
| health insurance program offered under Article 16 of the
|
9 |
| Illinois Pension Code, or (iii) age 19 or over who is |
10 |
| mentally or physically
handicapped.
|
11 |
| (x) "Military leave with pay and benefits" refers to |
12 |
| individuals in basic
training for reserves, special/advanced |
13 |
| training, annual training, emergency
call up, or activation by |
14 |
| the President of the United States with approved pay
and |
15 |
| benefits.
|
16 |
| (y) "Military leave without pay and benefits" refers to
|
17 |
| individuals who enlist for active duty in a regular component |
18 |
| of the U.S. Armed
Forces or other duty not specified or |
19 |
| authorized under military leave with pay
and benefits.
|
20 |
| (z) "Community college benefit recipient" means a person |
21 |
| who:
|
22 |
| (1) is not a "member" as defined in this Section; and
|
23 |
| (2) is receiving a monthly survivor's annuity or |
24 |
| retirement annuity
under Article 15 of the Illinois Pension |
25 |
| Code; and
|
26 |
| (3) either (i) was a full-time employee of a community |
27 |
| college district or
an association of community college |
28 |
| boards created under the Public Community
College Act |
29 |
| (other than an employee whose last employer under Article |
30 |
| 15 of the
Illinois Pension Code was a community college |
31 |
| district subject to Article VII
of the Public Community |
32 |
| College Act) and was eligible to participate in a group
|
33 |
| health benefit plan as an employee during the time of |
34 |
| employment with a
community college district (other than a |
35 |
| community college district subject to
Article VII of the |
36 |
| Public Community College Act) or an association of |
|
|
|
SB1449 Engrossed |
- 12 - |
LRB094 08655 JAM 38864 b |
|
|
1 |
| community
college boards, or (ii) is the survivor of a |
2 |
| person described in item (i).
|
3 |
| (aa) "Community college dependent beneficiary" means a |
4 |
| person who:
|
5 |
| (1) is not a "member" or "dependent" as defined in this |
6 |
| Section; and
|
7 |
| (2) is a community college benefit recipient's: (A) |
8 |
| spouse, (B) dependent
parent who is receiving at least half |
9 |
| of his or her support from the community
college benefit |
10 |
| recipient, or (C) unmarried natural or adopted child who is |
11 |
| (i)
under age 19, or (ii) enrolled as a full-time student |
12 |
| in an accredited school,
financially dependent upon the |
13 |
| community college benefit recipient, eligible
to be |
14 |
| claimed as a dependent for income tax purposes and under |
15 |
| age 23, or (iii)
age 19 or over and mentally or physically |
16 |
| handicapped.
|
17 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-186, eff. 1-1-02; 92-204, |
18 |
| eff. 8-1-01; 92-651, eff. 7-11-02; 93-205, eff. 1-1-04; 93-839, |
19 |
| eff. 7-30-04; 93-1067, eff. 1-15-05.)
|
20 |
| Section 99. Effective date. This Act takes effect January |
21 |
| 1, 2006.
|