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90_HB0708
5 ILCS 375/2 from Ch. 127, par. 522
5 ILCS 375/3 from Ch. 127, par. 523
5 ILCS 375/6.9 new
5 ILCS 375/6.10 new
5 ILCS 375/15 from Ch. 127, par. 535
40 ILCS 15/1.4 new
110 ILCS 805/2-16.02 from Ch. 122, par. 102-16.02
30 ILCS 805/8.21 new
Amends the State Employees Group Insurance Act of 1971 to
provide a program of group health insurance benefits for
certain retired community college employees and their
survivors and dependents, under the administration of the
Department of Central Management Services. Requires
contributions toward the cost of these benefits from current
community college employees, community college employers, and
the State. Amends the State Pension Funds Continuing
Appropriation Act to provide a continuing appropriation for
this purpose. Amends the Public Community College Act to
discontinue the retirees health insurance grant beginning on
January 1, 1999. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
LRB9003212EGfg
LRB9003212EGfg
1 AN ACT in relation to health care benefits for certain
2 retired community college employees and their dependents,
3 amending named Acts.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The State Employees Group Insurance Act of
7 1971 is amended by changing Sections 2, 3, and 15 and adding
8 Sections 6.9 and 6.10 as follows:
9 (5 ILCS 375/2) (from Ch. 127, par. 522)
10 Sec. 2. Purpose. The purpose of this Act is to provide a
11 program of group life insurance, a program of health benefits
12 and other employee benefits for persons in the service of the
13 State of Illinois, employees of local governments, employees
14 of rehabilitation facilities and employees of domestic
15 violence shelters and services, and certain of their
16 dependents. It is also the purpose of this Act to provide a
17 program of health benefits (i) for certain benefit recipients
18 of the Teachers' Retirement System of the State of Illinois
19 and their dependent beneficiaries and (ii) for certain
20 eligible retired community college employees and their
21 dependent beneficiaries.
22 (Source: P.A. 89-25, eff. 6-21-95.)
23 (5 ILCS 375/3) (from Ch. 127, par. 523)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 3. Definitions. Unless the context otherwise
26 requires, the following words and phrases as used in this Act
27 shall have the following meanings. The Department may define
28 these and other words and phrases separately for the purpose
29 of implementing specific programs providing benefits under
30 this Act.
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1 (a) "Administrative service organization" means any
2 person, firm or corporation experienced in the handling of
3 claims which is fully qualified, financially sound and
4 capable of meeting the service requirements of a contract of
5 administration executed with the Department.
6 (b) "Annuitant" means (1) an employee who retires, or
7 has retired, on or after January 1, 1966 on an immediate
8 annuity under the provisions of Articles 2, 14, 15 (including
9 an employee who has retired and is receiving a retirement
10 annuity under an optional program established under Section
11 15-158.2 and who would also be eligible for a retirement
12 annuity had that person been a participant in the State
13 University Retirement System), paragraphs (b) or (c) of
14 Section 16-106, or Article 18 of the Illinois Pension Code;
15 (2) any person who was receiving group insurance coverage
16 under this Act as of March 31, 1978 by reason of his status
17 as an annuitant, even though the annuity in relation to which
18 such coverage was provided is a proportional annuity based on
19 less than the minimum period of service required for a
20 retirement annuity in the system involved; (3) any person not
21 otherwise covered by this Act who has retired as a
22 participating member under Article 2 of the Illinois Pension
23 Code but is ineligible for the retirement annuity under
24 Section 2-119 of the Illinois Pension Code; (4) the spouse of
25 any person who is receiving a retirement annuity under
26 Article 18 of the Illinois Pension Code and who is covered
27 under a group health insurance program sponsored by a
28 governmental employer other than the State of Illinois and
29 who has irrevocably elected to waive his or her coverage
30 under this Act and to have his or her spouse considered as
31 the "annuitant" under this Act and not as a "dependent"; or
32 (5) an employee who retires, or has retired, from a qualified
33 position, as determined according to rules promulgated by the
34 Director, under a qualified local government or a qualified
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1 rehabilitation facility or a qualified domestic violence
2 shelter or service. (For definition of "retired employee",
3 see (p) post).
4 (c) "Carrier" means (1) an insurance company, a
5 corporation organized under the Limited Health Service
6 Organization Act or the Voluntary Health Services Plan Act, a
7 partnership, or other nongovernmental organization, which is
8 authorized to do group life or group health insurance
9 business in Illinois, or (2) the State of Illinois as a
10 self-insurer.
11 (d) "Compensation" means salary or wages payable on a
12 regular payroll by the State Treasurer on a warrant of the
13 State Comptroller out of any State, trust or federal fund, or
14 by the Governor of the State through a disbursing officer of
15 the State out of a trust or out of federal funds, or by any
16 Department out of State, trust, federal or other funds held
17 by the State Treasurer or the Department, to any person for
18 personal services currently performed, and ordinary or
19 accidental disability benefits under Articles 2, 14, 15
20 (including ordinary or accidental disability benefits under
21 an optional program established under Section 15-158.2),
22 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
23 Illinois Pension Code, for disability incurred after January
24 1, 1966, or benefits payable under the Workers' Compensation
25 or Occupational Diseases Act or benefits payable under a sick
26 pay plan established in accordance with Section 36 of the
27 State Finance Act. "Compensation" also means salary or wages
28 paid to an employee of any qualified local government or
29 qualified rehabilitation facility or a qualified domestic
30 violence shelter or service.
31 (e) "Commission" means the State Employees Group
32 Insurance Advisory Commission authorized by this Act.
33 Commencing July 1, 1984, "Commission" as used in this Act
34 means the Illinois Economic and Fiscal Commission as
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1 established by the Legislative Commission Reorganization Act
2 of 1984.
3 (f) "Contributory", when referred to as contributory
4 coverage, shall mean optional coverages or benefits elected
5 by the member toward the cost of which such member makes
6 contribution, or which are funded in whole or in part through
7 the acceptance of a reduction in earnings or the foregoing of
8 an increase in earnings by an employee, as distinguished from
9 noncontributory coverage or benefits which are paid entirely
10 by the State of Illinois without reduction of the member's
11 salary.
12 (g) "Department" means any department, institution,
13 board, commission, officer, court or any agency of the State
14 government receiving appropriations and having power to
15 certify payrolls to the Comptroller authorizing payments of
16 salary and wages against such appropriations as are made by
17 the General Assembly from any State fund, or against trust
18 funds held by the State Treasurer and includes boards of
19 trustees of the retirement systems created by Articles 2, 14,
20 15, 16 and 18 of the Illinois Pension Code. "Department"
21 also includes the Illinois Comprehensive Health Insurance
22 Board and the Illinois Rural Bond Bank.
23 (h) "Dependent", when the term is used in the context of
24 the health and life plan, means a member's spouse and any
25 unmarried child (1) from birth to age 19 including an adopted
26 child, a child who lives with the member from the time of the
27 filing of a petition for adoption until entry of an order of
28 adoption, a stepchild or recognized child who lives with the
29 member in a parent-child relationship, or a child who lives
30 with the member if such member is a court appointed guardian
31 of the child, or (2) age 19 to 23 enrolled as a full-time
32 student in any accredited school, financially dependent upon
33 the member, and eligible as a dependent for Illinois State
34 income tax purposes, or (3) age 19 or over who is mentally or
-5- LRB9003212EGfg
1 physically handicapped as defined in the Illinois Insurance
2 Code. For the health plan only, the term "dependent" also
3 includes any person enrolled prior to the effective date of
4 this Section who is dependent upon the member to the extent
5 that the member may claim such person as a dependent for
6 Illinois State income tax deduction purposes; no other such
7 person may be enrolled.
8 (i) "Director" means the Director of the Illinois
9 Department of Central Management Services.
10 (j) "Eligibility period" means the period of time a
11 member has to elect enrollment in programs or to select
12 benefits without regard to age, sex or health.
13 (k) "Employee" means and includes each officer or
14 employee in the service of a department who (1) receives his
15 compensation for service rendered to the department on a
16 warrant issued pursuant to a payroll certified by a
17 department or on a warrant or check issued and drawn by a
18 department upon a trust, federal or other fund or on a
19 warrant issued pursuant to a payroll certified by an elected
20 or duly appointed officer of the State or who receives
21 payment of the performance of personal services on a warrant
22 issued pursuant to a payroll certified by a Department and
23 drawn by the Comptroller upon the State Treasurer against
24 appropriations made by the General Assembly from any fund or
25 against trust funds held by the State Treasurer, and (2) is
26 employed full-time or part-time in a position normally
27 requiring actual performance of duty during not less than 1/2
28 of a normal work period, as established by the Director in
29 cooperation with each department, except that persons elected
30 by popular vote will be considered employees during the
31 entire term for which they are elected regardless of hours
32 devoted to the service of the State, and (3) except that
33 "employee" does not include any person who is not eligible by
34 reason of such person's employment to participate in one of
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1 the State retirement systems under Articles 2, 14, 15 (either
2 the regular Article 15 system or an optional program
3 established under Section 15-158.2) or 18, or under paragraph
4 (b) or (c) of Section 16-106, of the Illinois Pension Code,
5 but such term does include persons who are employed during
6 the 6 month qualifying period under Article 14 of the
7 Illinois Pension Code. Such term also includes any person
8 who (1) after January 1, 1966, is receiving ordinary or
9 accidental disability benefits under Articles 2, 14, 15
10 (including ordinary or accidental disability benefits under
11 an optional program established under Section 15-158.2),
12 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
13 Illinois Pension Code, for disability incurred after January
14 1, 1966, (2) receives total permanent or total temporary
15 disability under the Workers' Compensation Act or
16 Occupational Disease Act as a result of injuries sustained or
17 illness contracted in the course of employment with the State
18 of Illinois, or (3) is not otherwise covered under this Act
19 and has retired as a participating member under Article 2 of
20 the Illinois Pension Code but is ineligible for the
21 retirement annuity under Section 2-119 of the Illinois
22 Pension Code. However, a person who satisfies the criteria
23 of the foregoing definition of "employee" except that such
24 person is made ineligible to participate in the State
25 Universities Retirement System by clause (4) of the first
26 paragraph of Section 15-107 of the Illinois Pension Code is
27 also an "employee" for the purposes of this Act. "Employee"
28 also includes any person receiving or eligible for benefits
29 under a sick pay plan established in accordance with Section
30 36 of the State Finance Act. "Employee" also includes each
31 officer or employee in the service of a qualified local
32 government, including persons appointed as trustees of
33 sanitary districts regardless of hours devoted to the service
34 of the sanitary district, and each employee in the service of
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1 a qualified rehabilitation facility and each full-time
2 employee in the service of a qualified domestic violence
3 shelter or service, as determined according to rules
4 promulgated by the Director.
5 (l) "Member" means an employee, annuitant, retired
6 employee or survivor.
7 (m) "Optional coverages or benefits" means those
8 coverages or benefits available to the member on his or her
9 voluntary election, and at his or her own expense.
10 (n) "Program" means the group life insurance, health
11 benefits and other employee benefits designed and contracted
12 for by the Director under this Act.
13 (o) "Health plan" means a self-insured health insurance
14 program offered by the State of Illinois for the purposes of
15 benefiting employees by means of providing, among others,
16 wellness programs, utilization reviews, second opinions and
17 medical fee reviews, as well as for paying for hospital and
18 medical care up to the maximum coverage provided by the plan,
19 to its members and their dependents.
20 (p) "Retired employee" means any person who would be an
21 annuitant as that term is defined herein but for the fact
22 that such person retired prior to January 1, 1966. Such term
23 also includes any person formerly employed by the University
24 of Illinois in the Cooperative Extension Service who would be
25 an annuitant but for the fact that such person was made
26 ineligible to participate in the State Universities
27 Retirement System by clause (4) of the first paragraph of
28 Section 15-107 of the Illinois Pension Code.
29 (q) "Survivor" means a person receiving an annuity as a
30 survivor of an employee or of an annuitant. "Survivor" also
31 includes: (1) the surviving dependent of a person who
32 satisfies the definition of "employee" except that such
33 person is made ineligible to participate in the State
34 Universities Retirement System by clause (4) of the first
-8- LRB9003212EGfg
1 paragraph of Section 15-107 of the Illinois Pension Code; and
2 (2) the surviving dependent of any person formerly employed
3 by the University of Illinois in the Cooperative Extension
4 Service who would be an annuitant except for the fact that
5 such person was made ineligible to participate in the State
6 Universities Retirement System by clause (4) of the first
7 paragraph of Section 15-107 of the Illinois Pension Code.
8 (r) "Medical services" means the services provided
9 within the scope of their licenses by practitioners in all
10 categories licensed under the Medical Practice Act of 1987.
11 (s) "Unit of local government" means any county,
12 municipality, township, school district, special district or
13 other unit, designated as a unit of local government by law,
14 which exercises limited governmental powers or powers in
15 respect to limited governmental subjects, any not-for-profit
16 association with a membership that primarily includes
17 townships and township officials, that has duties that
18 include provision of research service, dissemination of
19 information, and other acts for the purpose of improving
20 township government, and that is funded wholly or partly in
21 accordance with Section 85-15 of the Township Code; any
22 not-for-profit corporation or association, with a membership
23 consisting primarily of municipalities, that operates its own
24 utility system, and provides research, training,
25 dissemination of information, or other acts to promote
26 cooperation between and among municipalities that provide
27 utility services and for the advancement of the goals and
28 purposes of its membership; and the Illinois Association of
29 Park Districts. "Qualified local government" means a unit of
30 local government approved by the Director and participating
31 in a program created under subsection (i) of Section 10 of
32 this Act.
33 (t) "Qualified rehabilitation facility" means any
34 not-for-profit organization that is accredited by the
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1 Commission on Accreditation of Rehabilitation Facilities or
2 certified by the Department of Mental Health and
3 Developmental Disabilities to provide services to persons
4 with disabilities and which receives funds from the State of
5 Illinois for providing those services, approved by the
6 Director and participating in a program created under
7 subsection (j) of Section 10 of this Act.
8 (u) "Qualified domestic violence shelter or service"
9 means any Illinois domestic violence shelter or service and
10 its administrative offices funded by the Illinois Department
11 of Public Aid, approved by the Director and participating in
12 a program created under subsection (k) of Section 10.
13 (v) "TRS benefit recipient" means a person who:
14 (1) is not a "member" as defined in this Section;
15 and
16 (2) is receiving a monthly benefit or retirement
17 annuity under Article 16 of the Illinois Pension Code;
18 and
19 (3) either (i) has at least 8 years of creditable
20 service under Article 16 of the Illinois Pension Code, or
21 (ii) was enrolled in the health insurance program offered
22 under that Article on January 1, 1996, or (iii) is the
23 survivor of a benefit recipient who had at least 8 years
24 of creditable service under Article 16 of the Illinois
25 Pension Code or was enrolled in the health insurance
26 program offered under that Article on the effective date
27 of this amendatory Act of 1995, or (iv) is a recipient or
28 survivor of a recipient of a disability benefit under
29 Article 16 of the Illinois Pension Code.
30 (w) "TRS dependent beneficiary" means a person who:
31 (1) is not a "member" or "dependent" as defined in
32 this Section; and
33 (2) is a TRS benefit recipient's: (A) spouse, (B)
34 dependent parent who is receiving at least half of his or
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1 her support from the TRS benefit recipient, or (C)
2 unmarried natural or adopted child who is (i) under age
3 19, or (ii) enrolled as a full-time student in an
4 accredited school, financially dependent upon the TRS
5 benefit recipient, eligible as a dependent for Illinois
6 State income tax purposes, and either is under age 24 or
7 was, on January 1, 1996, participating as a dependent
8 beneficiary in the health insurance program offered under
9 Article 16 of the Illinois Pension Code, or (iii) age 19
10 or over who is mentally or physically handicapped as
11 defined in the Illinois Insurance Code.
12 (x) "Military leave with pay and benefits" refers to
13 individuals in basic training for reserves, special/advanced
14 training, annual training, emergency call up, or activation
15 by the President of the United States with approved pay and
16 benefits.
17 (y) "Military leave without pay and benefits" refers to
18 individuals who enlist for active duty in a regular component
19 of the U.S. Armed Forces or other duty not specified or
20 authorized under military leave with pay and benefits.
21 (z) "Community college benefit recipient" means a person
22 who:
23 (1) is not a "member" as defined in this Section;
24 and
25 (2) is receiving a monthly survivor's annuity or
26 retirement annuity under Article 15 of the Illinois
27 Pension Code; and
28 (3) either (i) was a full-time employee of a
29 community college district or an association of community
30 college boards created under the Public Community College
31 Act and was eligible to participate in a group health
32 benefit plan as an employee during the time of employment
33 with a community college district or an association of
34 community college boards, or (ii) is the survivor of a
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1 person described in item (i).
2 (aa) "Community college dependent beneficiary" means a
3 person who:
4 (1) is not a "member" or "dependent" as defined in
5 this Section; and
6 (2) is a community college benefit recipient's: (A)
7 spouse, (B) dependent parent who is receiving at least
8 half of his or her support from the community college
9 benefit recipient, or (C) unmarried natural or adopted
10 child who is (i) under age 19, or (ii) enrolled as a
11 full-time student in an accredited school, financially
12 dependent upon the community college benefit recipient,
13 eligible as a dependent for Illinois State income tax
14 purposes and under age 23, or (iii) age 19 or over and
15 mentally or physically handicapped as defined in the
16 Illinois Insurance Code.
17 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
18 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
19 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628,
20 eff. 8-9-96; revised 8-23-96.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 3. Definitions. Unless the context otherwise
23 requires, the following words and phrases as used in this Act
24 shall have the following meanings. The Department may define
25 these and other words and phrases separately for the purpose
26 of implementing specific programs providing benefits under
27 this Act.
28 (a) "Administrative service organization" means any
29 person, firm or corporation experienced in the handling of
30 claims which is fully qualified, financially sound and
31 capable of meeting the service requirements of a contract of
32 administration executed with the Department.
33 (b) "Annuitant" means (1) an employee who retires, or
-12- LRB9003212EGfg
1 has retired, on or after January 1, 1966 on an immediate
2 annuity under the provisions of Articles 2, 14, 15 (including
3 an employee who has retired and is receiving a retirement
4 annuity under an optional program established under Section
5 15-158.2 and who would also be eligible for a retirement
6 annuity had that person been a participant in the State
7 University Retirement System), paragraphs (b) or (c) of
8 Section 16-106, or Article 18 of the Illinois Pension Code;
9 (2) any person who was receiving group insurance coverage
10 under this Act as of March 31, 1978 by reason of his status
11 as an annuitant, even though the annuity in relation to which
12 such coverage was provided is a proportional annuity based on
13 less than the minimum period of service required for a
14 retirement annuity in the system involved; (3) any person not
15 otherwise covered by this Act who has retired as a
16 participating member under Article 2 of the Illinois Pension
17 Code but is ineligible for the retirement annuity under
18 Section 2-119 of the Illinois Pension Code; (4) the spouse of
19 any person who is receiving a retirement annuity under
20 Article 18 of the Illinois Pension Code and who is covered
21 under a group health insurance program sponsored by a
22 governmental employer other than the State of Illinois and
23 who has irrevocably elected to waive his or her coverage
24 under this Act and to have his or her spouse considered as
25 the "annuitant" under this Act and not as a "dependent"; or
26 (5) an employee who retires, or has retired, from a qualified
27 position, as determined according to rules promulgated by the
28 Director, under a qualified local government or a qualified
29 rehabilitation facility or a qualified domestic violence
30 shelter or service. (For definition of "retired employee",
31 see (p) post).
32 (c) "Carrier" means (1) an insurance company, a
33 corporation organized under the Limited Health Service
34 Organization Act or the Voluntary Health Services Plan Act, a
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1 partnership, or other nongovernmental organization, which is
2 authorized to do group life or group health insurance
3 business in Illinois, or (2) the State of Illinois as a
4 self-insurer.
5 (d) "Compensation" means salary or wages payable on a
6 regular payroll by the State Treasurer on a warrant of the
7 State Comptroller out of any State, trust or federal fund, or
8 by the Governor of the State through a disbursing officer of
9 the State out of a trust or out of federal funds, or by any
10 Department out of State, trust, federal or other funds held
11 by the State Treasurer or the Department, to any person for
12 personal services currently performed, and ordinary or
13 accidental disability benefits under Articles 2, 14, 15
14 (including ordinary or accidental disability benefits under
15 an optional program established under Section 15-158.2),
16 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
17 Illinois Pension Code, for disability incurred after January
18 1, 1966, or benefits payable under the Workers' Compensation
19 or Occupational Diseases Act or benefits payable under a sick
20 pay plan established in accordance with Section 36 of the
21 State Finance Act. "Compensation" also means salary or wages
22 paid to an employee of any qualified local government or
23 qualified rehabilitation facility or a qualified domestic
24 violence shelter or service.
25 (e) "Commission" means the State Employees Group
26 Insurance Advisory Commission authorized by this Act.
27 Commencing July 1, 1984, "Commission" as used in this Act
28 means the Illinois Economic and Fiscal Commission as
29 established by the Legislative Commission Reorganization Act
30 of 1984.
31 (f) "Contributory", when referred to as contributory
32 coverage, shall mean optional coverages or benefits elected
33 by the member toward the cost of which such member makes
34 contribution, or which are funded in whole or in part through
-14- LRB9003212EGfg
1 the acceptance of a reduction in earnings or the foregoing of
2 an increase in earnings by an employee, as distinguished from
3 noncontributory coverage or benefits which are paid entirely
4 by the State of Illinois without reduction of the member's
5 salary.
6 (g) "Department" means any department, institution,
7 board, commission, officer, court or any agency of the State
8 government receiving appropriations and having power to
9 certify payrolls to the Comptroller authorizing payments of
10 salary and wages against such appropriations as are made by
11 the General Assembly from any State fund, or against trust
12 funds held by the State Treasurer and includes boards of
13 trustees of the retirement systems created by Articles 2, 14,
14 15, 16 and 18 of the Illinois Pension Code. "Department"
15 also includes the Illinois Comprehensive Health Insurance
16 Board and the Illinois Rural Bond Bank.
17 (h) "Dependent", when the term is used in the context of
18 the health and life plan, means a member's spouse and any
19 unmarried child (1) from birth to age 19 including an adopted
20 child, a child who lives with the member from the time of the
21 filing of a petition for adoption until entry of an order of
22 adoption, a stepchild or recognized child who lives with the
23 member in a parent-child relationship, or a child who lives
24 with the member if such member is a court appointed guardian
25 of the child, or (2) age 19 to 23 enrolled as a full-time
26 student in any accredited school, financially dependent upon
27 the member, and eligible as a dependent for Illinois State
28 income tax purposes, or (3) age 19 or over who is mentally or
29 physically handicapped as defined in the Illinois Insurance
30 Code. For the health plan only, the term "dependent" also
31 includes any person enrolled prior to the effective date of
32 this Section who is dependent upon the member to the extent
33 that the member may claim such person as a dependent for
34 Illinois State income tax deduction purposes; no other such
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1 person may be enrolled.
2 (i) "Director" means the Director of the Illinois
3 Department of Central Management Services.
4 (j) "Eligibility period" means the period of time a
5 member has to elect enrollment in programs or to select
6 benefits without regard to age, sex or health.
7 (k) "Employee" means and includes each officer or
8 employee in the service of a department who (1) receives his
9 compensation for service rendered to the department on a
10 warrant issued pursuant to a payroll certified by a
11 department or on a warrant or check issued and drawn by a
12 department upon a trust, federal or other fund or on a
13 warrant issued pursuant to a payroll certified by an elected
14 or duly appointed officer of the State or who receives
15 payment of the performance of personal services on a warrant
16 issued pursuant to a payroll certified by a Department and
17 drawn by the Comptroller upon the State Treasurer against
18 appropriations made by the General Assembly from any fund or
19 against trust funds held by the State Treasurer, and (2) is
20 employed full-time or part-time in a position normally
21 requiring actual performance of duty during not less than 1/2
22 of a normal work period, as established by the Director in
23 cooperation with each department, except that persons elected
24 by popular vote will be considered employees during the
25 entire term for which they are elected regardless of hours
26 devoted to the service of the State, and (3) except that
27 "employee" does not include any person who is not eligible by
28 reason of such person's employment to participate in one of
29 the State retirement systems under Articles 2, 14, 15 (either
30 the regular Article 15 system or an optional program
31 established under Section 15-158.2) or 18, or under paragraph
32 (b) or (c) of Section 16-106, of the Illinois Pension Code,
33 but such term does include persons who are employed during
34 the 6 month qualifying period under Article 14 of the
-16- LRB9003212EGfg
1 Illinois Pension Code. Such term also includes any person
2 who (1) after January 1, 1966, is receiving ordinary or
3 accidental disability benefits under Articles 2, 14, 15
4 (including ordinary or accidental disability benefits under
5 an optional program established under Section 15-158.2),
6 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
7 Illinois Pension Code, for disability incurred after January
8 1, 1966, (2) receives total permanent or total temporary
9 disability under the Workers' Compensation Act or
10 Occupational Disease Act as a result of injuries sustained or
11 illness contracted in the course of employment with the State
12 of Illinois, or (3) is not otherwise covered under this Act
13 and has retired as a participating member under Article 2 of
14 the Illinois Pension Code but is ineligible for the
15 retirement annuity under Section 2-119 of the Illinois
16 Pension Code. However, a person who satisfies the criteria
17 of the foregoing definition of "employee" except that such
18 person is made ineligible to participate in the State
19 Universities Retirement System by clause (4) of the first
20 paragraph of Section 15-107 of the Illinois Pension Code is
21 also an "employee" for the purposes of this Act. "Employee"
22 also includes any person receiving or eligible for benefits
23 under a sick pay plan established in accordance with Section
24 36 of the State Finance Act. "Employee" also includes each
25 officer or employee in the service of a qualified local
26 government, including persons appointed as trustees of
27 sanitary districts regardless of hours devoted to the service
28 of the sanitary district, and each employee in the service of
29 a qualified rehabilitation facility and each full-time
30 employee in the service of a qualified domestic violence
31 shelter or service, as determined according to rules
32 promulgated by the Director.
33 (l) "Member" means an employee, annuitant, retired
34 employee or survivor.
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1 (m) "Optional coverages or benefits" means those
2 coverages or benefits available to the member on his or her
3 voluntary election, and at his or her own expense.
4 (n) "Program" means the group life insurance, health
5 benefits and other employee benefits designed and contracted
6 for by the Director under this Act.
7 (o) "Health plan" means a self-insured health insurance
8 program offered by the State of Illinois for the purposes of
9 benefiting employees by means of providing, among others,
10 wellness programs, utilization reviews, second opinions and
11 medical fee reviews, as well as for paying for hospital and
12 medical care up to the maximum coverage provided by the plan,
13 to its members and their dependents.
14 (p) "Retired employee" means any person who would be an
15 annuitant as that term is defined herein but for the fact
16 that such person retired prior to January 1, 1966. Such term
17 also includes any person formerly employed by the University
18 of Illinois in the Cooperative Extension Service who would be
19 an annuitant but for the fact that such person was made
20 ineligible to participate in the State Universities
21 Retirement System by clause (4) of the first paragraph of
22 Section 15-107 of the Illinois Pension Code.
23 (q) "Survivor" means a person receiving an annuity as a
24 survivor of an employee or of an annuitant. "Survivor" also
25 includes: (1) the surviving dependent of a person who
26 satisfies the definition of "employee" except that such
27 person is made ineligible to participate in the State
28 Universities Retirement System by clause (4) of the first
29 paragraph of Section 15-107 of the Illinois Pension Code; and
30 (2) the surviving dependent of any person formerly employed
31 by the University of Illinois in the Cooperative Extension
32 Service who would be an annuitant except for the fact that
33 such person was made ineligible to participate in the State
34 Universities Retirement System by clause (4) of the first
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1 paragraph of Section 15-107 of the Illinois Pension Code.
2 (r) "Medical services" means the services provided
3 within the scope of their licenses by practitioners in all
4 categories licensed under the Medical Practice Act of 1987.
5 (s) "Unit of local government" means any county,
6 municipality, township, school district, special district or
7 other unit, designated as a unit of local government by law,
8 which exercises limited governmental powers or powers in
9 respect to limited governmental subjects, any not-for-profit
10 association with a membership that primarily includes
11 townships and township officials, that has duties that
12 include provision of research service, dissemination of
13 information, and other acts for the purpose of improving
14 township government, and that is funded wholly or partly in
15 accordance with Section 85-15 of the Township Code; any
16 not-for-profit corporation or association, with a membership
17 consisting primarily of municipalities, that operates its own
18 utility system, and provides research, training,
19 dissemination of information, or other acts to promote
20 cooperation between and among municipalities that provide
21 utility services and for the advancement of the goals and
22 purposes of its membership; and the Illinois Association of
23 Park Districts. "Qualified local government" means a unit of
24 local government approved by the Director and participating
25 in a program created under subsection (i) of Section 10 of
26 this Act.
27 (t) "Qualified rehabilitation facility" means any
28 not-for-profit organization that is accredited by the
29 Commission on Accreditation of Rehabilitation Facilities or
30 certified by the Department of Human Services (as successor
31 to the Department of Mental Health and Developmental
32 Disabilities) to provide services to persons with
33 disabilities and which receives funds from the State of
34 Illinois for providing those services, approved by the
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1 Director and participating in a program created under
2 subsection (j) of Section 10 of this Act.
3 (u) "Qualified domestic violence shelter or service"
4 means any Illinois domestic violence shelter or service and
5 its administrative offices funded by the Department of Human
6 Services (as successor to the Illinois Department of Public
7 Aid), approved by the Director and participating in a program
8 created under subsection (k) of Section 10.
9 (v) "TRS benefit recipient" means a person who:
10 (1) is not a "member" as defined in this Section;
11 and
12 (2) is receiving a monthly benefit or retirement
13 annuity under Article 16 of the Illinois Pension Code;
14 and
15 (3) either (i) has at least 8 years of creditable
16 service under Article 16 of the Illinois Pension Code, or
17 (ii) was enrolled in the health insurance program offered
18 under that Article on January 1, 1996, or (iii) is the
19 survivor of a benefit recipient who had at least 8 years
20 of creditable service under Article 16 of the Illinois
21 Pension Code or was enrolled in the health insurance
22 program offered under that Article on the effective date
23 of this amendatory Act of 1995, or (iv) is a recipient or
24 survivor of a recipient of a disability benefit under
25 Article 16 of the Illinois Pension Code.
26 (w) "TRS dependent beneficiary" means a person who:
27 (1) is not a "member" or "dependent" as defined in
28 this Section; and
29 (2) is a TRS benefit recipient's: (A) spouse, (B)
30 dependent parent who is receiving at least half of his or
31 her support from the TRS benefit recipient, or (C)
32 unmarried natural or adopted child who is (i) under age
33 19, or (ii) enrolled as a full-time student in an
34 accredited school, financially dependent upon the TRS
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1 benefit recipient, eligible as a dependent for Illinois
2 State income tax purposes, and either is under age 24 or
3 was, on January 1, 1996, participating as a dependent
4 beneficiary in the health insurance program offered under
5 Article 16 of the Illinois Pension Code, or (iii) age 19
6 or over who is mentally or physically handicapped as
7 defined in the Illinois Insurance Code.
8 (x) "Military leave with pay and benefits" refers to
9 individuals in basic training for reserves, special/advanced
10 training, annual training, emergency call up, or activation
11 by the President of the United States with approved pay and
12 benefits.
13 (y) "Military leave without pay and benefits" refers to
14 individuals who enlist for active duty in a regular component
15 of the U.S. Armed Forces or other duty not specified or
16 authorized under military leave with pay and benefits.
17 (z) "Community college benefit recipient" means a person
18 who:
19 (1) is not a "member" as defined in this Section;
20 and
21 (2) is receiving a monthly survivor's annuity or
22 retirement annuity under Article 15 of the Illinois
23 Pension Code; and
24 (3) either (i) was a full-time employee of a
25 community college district or an association of community
26 college boards created under the Public Community College
27 Act and was eligible to participate in a group health
28 benefit plan as an employee during the time of employment
29 with a community college district or an association of
30 community college boards, or (ii) is the survivor of a
31 person described in item (i).
32 (aa) "Community college dependent beneficiary" means a
33 person who:
34 (1) is not a "member" or "dependent" as defined in
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1 this Section; and
2 (2) is a community college benefit recipient's: (A)
3 spouse, (B) dependent parent who is receiving at least
4 half of his or her support from the community college
5 benefit recipient, or (C) unmarried natural or adopted
6 child who is (i) under age 19, or (ii) enrolled as a
7 full-time student in an accredited school, financially
8 dependent upon the community college benefit recipient,
9 eligible as a dependent for Illinois State income tax
10 purposes and under age 23, or (iii) age 19 or over and
11 mentally or physically handicapped as defined in the
12 Illinois Insurance Code.
13 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
14 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
15 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
16 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
17 (5 ILCS 375/6.9 new)
18 Sec. 6.9. Health benefits for community college benefit
19 recipients and community college dependent beneficiaries.
20 (a) Purpose. It is the purpose of this amendatory Act
21 of 1997 to establish a uniform program of health benefits for
22 community college benefit recipients and their dependent
23 beneficiaries under the administration of the Department of
24 Central Management Services.
25 (b) Creation of program. Beginning January 1, 1999, the
26 Department of Central Management Services shall be
27 responsible for administering a program of health benefits
28 for community college benefit recipients and community
29 college dependent beneficiaries under this Section. The
30 State Universities Retirement System and the boards of
31 trustees of the various community college districts shall
32 cooperate with the Department in this endeavor.
33 (c) Eligibility. All community college benefit
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1 recipients and community college dependent beneficiaries
2 shall be eligible to participate in the program established
3 under this Section, without any interruption or delay in
4 coverage or limitation as to pre-existing medical conditions.
5 Eligibility to participate shall be determined by the State
6 Universities Retirement System. Eligibility information
7 shall be communicated to the Department of Central Management
8 Services in a format acceptable to the Department.
9 (d) Coverage. The health benefits provided under this
10 Section shall be the same as the benefits provided under the
11 other provisions of this Act for annuitants of the State
12 Universities Retirement System and their dependent
13 beneficiaries. However, group life insurance benefits are
14 not included in the benefits to be provided to community
15 college benefit recipients and community college dependent
16 beneficiaries under this Act.
17 (e) Insurance rates and premiums. The Director shall
18 determine the insurance rates and premiums for community
19 college benefit recipients and community college dependent
20 beneficiaries. Rates and premiums may be based in part on
21 age and eligibility for federal medicare coverage.
22 The cost of health benefits under the program shall be
23 paid as follows:
24 (1) For a community college benefit recipient, up
25 to 75% of the total insurance rate shall be paid from the
26 Community College Health Insurance Security Fund.
27 (2) The balance of the rate of insurance, including
28 the entire premium for any coverage for community college
29 dependent beneficiaries that has been elected, shall be
30 paid by deductions authorized by the community college
31 benefit recipient to be withheld from his or her monthly
32 annuity or benefit payment from the State Universities
33 Retirement System; except that (i) if the balance of the
34 cost of coverage exceeds the amount of the monthly
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1 annuity or benefit payment, the difference shall be paid
2 directly to the State Universities Retirement System by
3 the community college benefit recipient, and (ii) all or
4 part of the balance of the cost of coverage may, at the
5 option of the board of trustees of the community college
6 district, be paid to the State Universities Retirement
7 System by the board of the community college district
8 from which the community college benefit recipient
9 retired. The State Universities Retirement System shall
10 promptly deposit all moneys withheld by or paid to it
11 under this subdivision (e)(2) into the Community College
12 Health Insurance Security Fund. These moneys shall not
13 be considered assets of the State Universities Retirement
14 System.
15 (f) Financing. All revenues arising from the
16 administration of the health benefit program established
17 under this Section shall be deposited into the Community
18 College Health Insurance Security Fund, which is hereby
19 created as a nonappropriated trust fund to be held outside
20 the State Treasury, with the State Treasurer as custodian.
21 Any interest earned on moneys in the Community College Health
22 Insurance Security Fund shall be deposited into the Fund.
23 Moneys in the Community College Health Insurance Security
24 Fund shall be used only to pay the costs of the health
25 benefit program established under this Section, including
26 associated administrative costs. Beginning July 1, 1998, the
27 Department of Central Management Services may make
28 expenditures from the Community College Health Insurance
29 Security Fund for those costs.
30 (g) Contract for benefits. The Director shall by
31 contract, self-insurance, or otherwise make available the
32 program of health benefits for community college benefit
33 recipients and their community college dependent
34 beneficiaries that is provided for in this Section. The
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1 contract or other arrangement for the provision of these
2 health benefits shall be on terms deemed by the Director to
3 be in the best interest of the State of Illinois and the
4 community college benefit recipients based on, but not
5 limited to, such criteria as administrative cost, service
6 capabilities of the carrier or other contractor, and the
7 costs of the benefits.
8 (h) Continuation of program. It is the intention of the
9 General Assembly that the program of health benefits provided
10 under this Section be maintained on an ongoing, affordable
11 basis. The program of health benefits provided under this
12 Section may be amended by the State and is not intended to be
13 a pension or retirement benefit subject to protection under
14 Article XIII, Section 5 of the Illinois Constitution.
15 (5 ILCS 375/6.10 new)
16 Sec. 6.10. Contributions to the Community College Health
17 Insurance Security Fund.
18 (a) Beginning July 1, 1998, every active contributor of
19 the State Universities Retirement System (established under
20 Article 15 of the Illinois Pension Code) who (1) is a
21 full-time employee of a community college district or an
22 association of community college boards and (2) is not an
23 employee as defined in Section 3 of this Act shall make
24 contributions toward the cost of community college annuitant
25 and survivor health benefits at the rate of 0.35% of salary.
26 These contributions shall be deducted by the employer and
27 paid to the State Universities Retirement System as service
28 agent for the Department of Central Management Services. The
29 System may use the same processes for collecting the
30 contributions required by this subsection that it uses to
31 collect the contributions received from those employees under
32 Section 15-157 of the Illinois Pension Code. An employer may
33 agree to pick up or pay the contributions required under this
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1 subsection on behalf of the employee; such contributions
2 shall be deemed to have been paid by the employee.
3 A person required to make contributions under this
4 subsection (a) who purchases optional service credit under
5 Article 15 of the Illinois Pension Code must also pay the
6 contribution required under this subsection (a) with respect
7 to that optional service credit. This contribution must be
8 received by the System before that optional service credit is
9 granted.
10 The State Universities Retirement System shall promptly
11 deposit all moneys collected under this subsection (a) into
12 the Community College Health Insurance Security Fund created
13 in Section 6.9 of this Act. The moneys collected under this
14 Section shall be used only for the purposes authorized in
15 Section 6.9 of this Act and shall not be considered to be
16 assets of the State Universities Retirement System.
17 Contributions made under this Section are not transferable to
18 other pension funds or retirement systems and are not
19 refundable upon termination of service.
20 (b) Beginning July 1, 1998, every community college
21 district or association of community college boards that is
22 an employer under the State Universities Retirement System
23 shall contribute toward the cost of the community college
24 health benefits provided under Section 6.9 of this Act an
25 amount equal to 0.35% of the salary paid to its full-time
26 employees who participate in the State Universities
27 Retirement System and are not members as defined in Section 3
28 of this Act.
29 These contributions shall be paid by the employer to the
30 State Universities Retirement System as service agent for the
31 Department of Central Management Services. The System may
32 use the same processes for collecting the contributions
33 required by this subsection that it uses to collect the
34 contributions received from those employers under Section
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1 15-155 of the Illinois Pension Code.
2 The State Universities Retirement System shall promptly
3 deposit all moneys collected under this subsection (b) into
4 the Community College Health Insurance Security Fund created
5 in Section 6.9 of this Act. The moneys collected under this
6 Section shall be used only for the purposes authorized in
7 Section 6.9 of this Act and shall not be considered to be
8 assets of the State Universities Retirement System.
9 Contributions made under this Section are not transferable to
10 other pension funds or retirement systems and are not
11 refundable upon termination of service.
12 (c) On or before November 15 of each year, the Board of
13 Trustees of the State Universities Retirement System shall
14 certify to the Governor, the Director of Central Management
15 Services, and the State Comptroller its estimate of the total
16 amount of contributions to be paid under subsection (a) of
17 this Section for the next fiscal year. The certification
18 shall include a detailed explanation of the methods and
19 information that the Board relied upon in preparing its
20 estimate. As soon as possible after the effective date of
21 this Section, the Board shall submit its estimate for fiscal
22 year 1999.
23 (d) Beginning in fiscal year 1999, on the first day of
24 each month, or as soon thereafter as may be practical, the
25 State Treasurer and the State Comptroller shall transfer from
26 the General Revenue Fund to the Community College Health
27 Insurance Security Fund 1/12 of the annual amount
28 appropriated for that fiscal year to the State Comptroller
29 for deposit into the Community College Health Insurance
30 Security Fund under Section 1.4 of the State Pension Funds
31 Continuing Appropriation Act.
32 (e) Except where otherwise specified in this Section,
33 the definitions that apply to Article 15 of the Illinois
34 Pension Code apply to this Section.
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1 (5 ILCS 375/15) (from Ch. 127, par. 535)
2 Sec. 15. Administration; rules; audit; review.
3 (a) The Director shall administer this Act and shall
4 prescribe such rules and regulations as are necessary to give
5 full effect to the purposes of this Act.
6 (b) These rules may fix reasonable standards for the
7 group life and group health programs and other benefit
8 programs offered under this Act, and for the contractors
9 providing them.
10 (c) These rules shall specify that covered and optional
11 medical services of the program are services provided within
12 the scope of their licenses by practitioners in all
13 categories licensed under the Medical Practice Act of 1987
14 and shall provide that all eligible persons be fully informed
15 of this specification.
16 (d) These rules shall establish eligibility requirements
17 for members and dependents as may be necessary to supplement
18 or clarify requirements contained in this Act.
19 (e) Each affected department of the State, the State
20 Universities Retirement System, the Teachers' Retirement
21 System, and each qualified local government, rehabilitation
22 facility, or domestic violence shelter or service, shall keep
23 such records, make such certifications, and furnish the
24 Director such information as may be necessary for the
25 administration of this Act, including information concerning
26 number and total amounts of payroll of employees of the
27 department who are paid from trust funds or federal funds.
28 (f) Each member, each Community College benefit
29 recipient to whom this Act applies, and each TRS benefit
30 recipient to whom this Act applies shall furnish the
31 Director, in such form as may be required, any information
32 that may be necessary to enroll such member or TRS benefit
33 recipient and, if applicable, his or her dependents or TRS
34 dependent beneficiaries under the programs or plan, including
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1 such data as may be required to allow the Director to
2 accumulate statistics on data normally considered in
3 actuarial studies of employee groups. Information about
4 community college benefit recipients and community college
5 dependent beneficiaries shall be furnished through the State
6 Universities Retirement System. Information about TRS
7 benefit recipients and TRS dependent beneficiaries shall be
8 furnished through the Teachers' Retirement System.
9 (g) There shall be an annual audit and report on the
10 programs authorized and established by this Act prepared by
11 the Director with the assistance of a qualified, independent
12 accounting firm. The annual report shall provide information
13 on the experience, and administrative effectiveness and
14 adequacy of the program including, when applicable,
15 recommendations on up-grading of benefits and improvement of
16 the program.
17 (h) Any final order, decision or other determination
18 made, issued or executed by the Director under the provisions
19 of this Act whereby any contractor or person is aggrieved
20 shall be subject to review in accordance with the provisions
21 of the Administrative Review Law and all amendments and
22 modifications thereof, and the rules adopted pursuant
23 thereto, shall apply to and govern all proceedings for the
24 judicial review of final administrative decisions of the
25 Director.
26 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95.)
27 Section 10. The State Pension Funds Continuing
28 Appropriation Act is amended by adding Section 1.4 as
29 follows:
30 (40 ILCS 15/1.4 new)
31 Sec. 1.4. Appropriations for the Community College Health
32 Insurance Security Fund. Beginning in State fiscal year
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1 1999, there is hereby appropriated, on a continuing annual
2 basis, from the General Revenue Fund to the State Comptroller
3 for deposit into the Community College Health Insurance
4 Security Fund, an amount equal to the amount certified by the
5 Board of Trustees of the State Universities Retirement System
6 under subsection (c) of Section 6.10 of the State Employees
7 Group Insurance Act of 1971 as the estimated total amount of
8 contributions to be paid under subsection (a) of that Section
9 6.10 in that fiscal year. The moneys appropriated under this
10 Section 1.4 shall be deposited into the Community College
11 Health Insurance Security Fund and used only for the purposes
12 authorized in Section 6.9 of the State Employees Group
13 Insurance Act of 1971.
14 Section 15. The Public Community College Act is amended
15 by changing Section 2-16.02 as follows:
16 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
17 Sec. 2-16.02. Grants. Any community college district
18 that maintains a community college recognized by the State
19 Board shall receive, when eligible, grants enumerated in this
20 Section. Except for equalization grants, retirees health
21 insurance grants, grants to districts established pursuant to
22 Section 6-6.1, and grants for special initiatives, all grants
23 specified in this Section shall be based on funded semester
24 credit hours. Funded semester credit hours shall be defined,
25 for purposes of this Section, as the greater of (1) the
26 number of semester credit hours, or equivalent, in all funded
27 instructional categories of students who have been certified
28 as being in attendance at midterm during the respective terms
29 of the base fiscal year or (2) the average of semester credit
30 hours, or equivalent, in all funded instructional categories
31 of students who have been certified as being in attendance at
32 midterm during the respective terms of the base fiscal year
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1 and the 2 prior fiscal years. For purposes of this Section,
2 "base fiscal year" means the fiscal year 2 years prior to the
3 fiscal year for which the grants are appropriated. Such
4 students shall have been residents of Illinois and shall have
5 been enrolled in courses that are part of instructional
6 program categories approved by the State Board and that are
7 applicable toward an associate degree or certificate.
8 Courses are not eligible for reimbursement where the district
9 receives federal or State financing or both, except financing
10 through the State Board, for 50% or more of the program costs
11 with the exception of courses offered by contract with the
12 Department of Corrections in correctional institutions.
13 After distributing a grant of up to one-tenth of 1% of the
14 total available credit hour grant funding to each district
15 with less than 75,000 funded semester credit hours exclusive
16 of Department of Corrections credit hours, the remaining
17 credit hour grants shall be paid based on rates per funded
18 semester credit hour or equivalent calculated by the State
19 Board for funded instructional categories using cost of
20 instruction, enrollment, inflation, and other relevant
21 factors.
22 Grants for equalization shall be distributed to each
23 district that falls below a statewide threshold calculated by
24 the State Board by: (A) adding (1) the Corporate Personal
25 Property Replacement Fund allocations from the base fiscal
26 year or the average of the base fiscal year and prior year,
27 whichever is less, divided by the applicable tax rate to (2)
28 the most recently audited year's equalized assessed valuation
29 or the average of the most recently audited year and prior
30 year, whichever is less, (B) then dividing by the number of
31 audited full-time equivalent resident students for the base
32 fiscal year or the average for the base fiscal year and the
33 2 prior fiscal years, whichever is greater, and (C) then
34 multiplying by the applicable tax rate. The State Board
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1 shall use the same methodology to calculate a local revenue
2 factor for each district. The difference between the
3 statewide threshold and the local revenue factor, multiplied
4 by the number of full-time equivalent students, shall
5 determine the amount of equalization funding that each
6 district is eligible to receive.
7 A special populations grant of $20,000 per community
8 college shall be distributed to each community college
9 district, and any remaining appropriated funds for special
10 populations programs with the exception of moneys
11 appropriated as grants for unique special populations
12 initiatives created by the State Board shall be distributed
13 proportionately to each community college district on the
14 basis of each district's share of the State total funded
15 semester credit hours, or equivalent, in
16 remedial/developmental and adult basic education/adult
17 secondary education courses. Each community college
18 district's expenditures of funds from those grants shall be
19 limited to courses and services related to programs for
20 educationally disadvantaged and minority students as
21 specified by the State Board.
22 A workforce preparation grant of $35,000 shall be
23 distributed to each community college district, and any
24 remaining appropriated funds for workforce preparation with
25 the exception of monies appropriated as grants for special
26 workforce preparation initiatives created by the State Board
27 shall be distributed proportionately to each community
28 college district on the basis of each district's share of the
29 State total funded semester credit hours, or equivalent, in
30 business occupational, technical occupational, and health
31 occupational courses. Each community college district's
32 expenditures of funds from those grants shall be limited to
33 workforce preparation activities and services as specified by
34 the State Board.
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1 An advanced technology equipment grant shall be
2 distributed proportionately to each community college
3 district based on each district's share of the State total
4 funded semester credit hours, or equivalent, in business
5 occupational, technical occupational, and health occupational
6 courses. Each community college district's expenditures of
7 funds from those grants shall be limited to procurement of
8 equipment for curricula impacted by technological advances as
9 specified by the State Board.
10 Until January 1, 1999, a retirees health insurance grant
11 shall be distributed proportionately to each community
12 college district or entity created pursuant to Section 3-55
13 based on each district's share of the total number of
14 community college retirees in the State on July 1 of the
15 fiscal year prior to the fiscal year for which the grants are
16 appropriated, as determined by the State Board. Each
17 community college district's expenditures of funds from those
18 grants shall be limited to payment of costs associated with
19 the provision of retirees' health insurance. The retirees
20 health insurance grant is discontinued on January 1, 1999.
21 A grant shall be provided to the Illinois Occupational
22 Information Coordinating Committee for the purpose of
23 providing the State Board with labor market information by
24 updating the Occupational Information System and HORIZONS
25 Career Information System and by providing labor market
26 information and technical assistance, that grant to be
27 provided in its entirety during the first quarter of the
28 fiscal year.
29 A grant shall be provided to Community College District
30 #540, that district having been formed under the provisions
31 of Section 6-6.1, for the purpose of providing funds for the
32 district to meet operating expenses. The State Board shall
33 certify, prepare, and submit to the State Comptroller during
34 August of the fiscal year a voucher setting forth a one-time
-33- LRB9003212EGfg
1 payment of any Education Assistance Fund appropriation, and
2 during November, February, and May of the fiscal year a
3 voucher setting forth equal payments of General Revenue Fund
4 appropriations. The Comptroller shall cause a warrant to be
5 drawn for the amount due, payable to Community College
6 District #540, within 15 days following the receipt of each
7 such voucher.
8 The State Board shall distribute such other special
9 grants as may be authorized or appropriated by the General
10 Assembly.
11 Each community college district entitled to State grants
12 under this Section must submit a report of its enrollment to
13 the State Board not later than 30 days following the end of
14 each semester, quarter, or term in a format prescribed by the
15 State Board. These semester credit hours, or equivalent,
16 shall be certified by each district on forms provided by the
17 State Board. Each district's certified semester credit
18 hours, or equivalent, are subject to audit pursuant to
19 Section 3-22.1.
20 The State Board shall certify, prepare, and submit to the
21 State Comptroller during August, November, February, and May
22 of each fiscal year vouchers setting forth an amount equal to
23 25% of the districts' total grants approved by the State
24 Board for credit hour grants, special populations grants,
25 workforce preparation grants, equalization grants, advanced
26 technology equipment grants, and retirees health insurance
27 grants. The State Board shall prepare and submit to the State
28 Comptroller vouchers for special initiatives grant payments
29 as set forth in the contracts executed pursuant to
30 appropriations received for special initiatives. The
31 Comptroller shall cause his warrants to be drawn for the
32 respective amounts due, payable to each community college
33 district, within 15 days following the receipt of such
34 vouchers. If the amount appropriated for grants is different
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1 from the amount provided for such grants under this Act, the
2 grants shall be proportionately reduced or increased
3 accordingly.
4 For the purposes of this Section, "resident student"
5 means a student in a community college district who maintains
6 residency in that district or meets other residency
7 definitions established by the State Board, and who was
8 enrolled either in one of the approved instructional program
9 categories in that district, or in another community college
10 district to which the resident's district is paying tuition
11 under Section 6-2 or with which the resident's district has
12 entered into a cooperative agreement in lieu of such tuition.
13 For the purposes of this Section, a "full-time
14 equivalent" student is equal to 30 semester credit hours.
15 The Illinois Community College Board Contracts and Grants
16 Fund is hereby created in the State Treasury. Items of
17 income to this fund shall include any grants, awards,
18 endowments, or like proceeds, and where appropriate, other
19 funds made available through contracts with governmental,
20 public, and private agencies or persons. The General
21 Assembly shall from time to time make appropriations payable
22 from such fund for the support, improvement, and expenses of
23 the State Board and Illinois community college districts.
24 (Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281,
25 eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
26 Section 90. The State Mandates Act is amended by adding
27 Section 8.21 as follows:
28 (30 ILCS 805/8.21 new)
29 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 for the implementation of any mandate created by this
32 amendatory Act of 1997.
-35- LRB9003212EGfg
1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.