Full Text of SB1249 95th General Assembly
SB1249eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment benefits.
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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 1. Short title. This Act may be cited as the | 5 |
| Illinois Fringe Benefit Portability and Continuity Act. | 6 |
| Section 5. Public policy. It is the purpose of this
Act | 7 |
| that temporary or short-term employees employed by the State
of | 8 |
| Illinois and its political subdivisions or other public
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| employers shall have continuity of health and welfare | 10 |
| insurance,
pension, and other fringe benefits for work | 11 |
| performed for the State of Illinois, its political | 12 |
| subdivisions, and other
public employers, and that the State of | 13 |
| Illinois and its
political subdivisions and other public | 14 |
| employers shall have
the contractual authority to execute | 15 |
| written agreements with
employee benefit plans and labor | 16 |
| organizations to ensure that
temporary and short-term | 17 |
| employees have continuity of health and
welfare insurance, | 18 |
| pension, and other fringe benefits for work
performed for the | 19 |
| State of Illinois and its political subdivisions or
other | 20 |
| public employers.
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| Section 10. Application. This Act applies to the
State of | 22 |
| Illinois and its political subdivisions and other
public |
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| employers that employ temporary or short-term employees
who are | 2 |
| not covered by an employment contract or collective
bargaining | 3 |
| agreement but who are referred from labor
organizations and are | 4 |
| receiving a fringe benefit allowance
directly and in the form | 5 |
| of wages from the State of Illinois and
its political | 6 |
| subdivisions and other public employers.
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| Section 15. Definitions. As used in this Act, unless
the | 8 |
| context otherwise requires: | 9 |
| "Employee benefit plan" shall mean an employee benefit
plan | 10 |
| as defined under the Employee Retirement Income Security
Act, | 11 |
| 29 U.S.C. 1001, et seq. | 12 |
| "Temporary or short-term employee" shall mean an employee
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| who is not covered by a collective bargaining agreement or an
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| employment contract.
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| "Written agreement" shall mean a participation agreement
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| or other agreement prescribed by the employee benefit plan or
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| labor organization but shall not be construed as a collective
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| bargaining agreement, except as permitted under the Illinois
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| Public Labor Relations Act.
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| Section 20. Fringe benefit portability and continuity. | 21 |
| (a) If the State of Illinois, its political subdivisions,
or | 22 |
| other public employers procure short-term or temporary | 23 |
| employees from a labor organization, then the State of | 24 |
| Illinois, its political subdivisions, or other public |
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| employers shall enter into written agreements
with employee | 2 |
| benefit plans and labor organizations providing
that the State | 3 |
| of Illinois, its political subdivisions, or
other public | 4 |
| employers shall make an employer contribution of the benefit | 5 |
| allowance
of the applicable wage package to the applicable
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| employee benefit plans for the
temporary or short-term | 7 |
| employees who are referred from labor
organizations, provided | 8 |
| that: | 9 |
| (1) The employee benefit plans are employee pension
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| benefit plans or employee welfare benefit plans
under the | 11 |
| Employee Retirement Income Security Act. | 12 |
| (2) The referred employee, as a condition of referral | 13 |
| to
the State of Illinois and its political subdivisions
or | 14 |
| other public employers as a temporary or short-term
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| employee, has entered into an agreement or
authorization | 16 |
| with a labor organization to have the
fringe benefit | 17 |
| allowance of the applicable wage rate
remitted directly to | 18 |
| an employee benefit plan. | 19 |
| (3) The fringe benefit allowance of the applicable wage
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| package shall be an employer contribution and not an
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| employee wage deduction. | 22 |
| (4) The State of Illinois and its political | 23 |
| subdivisions
and other public employers agree, in writing, | 24 |
| to make
contributions subject to the same rules and | 25 |
| policies
generally applicable to private employers who are
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| making contributions to that employee benefit plan. |
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| (b) The written agreement specified in subsection (a) shall | 2 |
| not be construed as a collective bargaining
agreement, contract | 3 |
| for employment, or an agreement that
otherwise guarantees the | 4 |
| employment of the temporary or short-term
employees used by the | 5 |
| State of Illinois and its
political subdivisions and other | 6 |
| public employers. Nothing in
this Act shall be construed to | 7 |
| afford temporary or short-term
employees the right to organize | 8 |
| or collectively bargain
pursuant to the Illinois Public Labor | 9 |
| Relations Act, except as
specifically provided by the | 10 |
| provisions of that Act. Nothing in
this Act shall be construed | 11 |
| to afford temporary or short-term
employees any benefit or the | 12 |
| right to participate in any
retirement system of the State of | 13 |
| Illinois, except as
specifically provided by the provisions of | 14 |
| the Illinois Pension Code.
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| Section 25. Construction of Act. This Act shall be
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| liberally construed to effect the purposes of the Act. By | 17 |
| virtue
of this Act, the State of Illinois and its political | 18 |
| subdivisions
or other public employers shall not be considered | 19 |
| to be
maintaining or administering an employee benefit plan.
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| Section 97. Severability. The provisions of this Act are | 21 |
| severable under Section 1.31 of the Statute on Statutes. | 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
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