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90_HB0708ham001
LRB9003212EGfgam02
1 AMENDMENT TO HOUSE BILL 708
2 AMENDMENT NO. . Amend House Bill 708 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The State Employees Group Insurance Act of
5 1971 is amended by changing Sections 2, 3, and 15 and adding
6 Sections 6.9 and 6.10 as follows:
7 (5 ILCS 375/2) (from Ch. 127, par. 522)
8 Sec. 2. Purpose. The purpose of this Act is to provide a
9 program of group life insurance, a program of health benefits
10 and other employee benefits for persons in the service of the
11 State of Illinois, employees of local governments, employees
12 of rehabilitation facilities and employees of domestic
13 violence shelters and services, and certain of their
14 dependents. It is also the purpose of this Act to provide a
15 program of health benefits (i) for certain benefit recipients
16 of the Teachers' Retirement System of the State of Illinois
17 and their dependent beneficiaries and (ii) for certain
18 eligible retired community college employees and their
19 dependent beneficiaries.
20 (Source: P.A. 89-25, eff. 6-21-95.)
21 (5 ILCS 375/3) (from Ch. 127, par. 523)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 3. Definitions. Unless the context otherwise
3 requires, the following words and phrases as used in this Act
4 shall have the following meanings. The Department may define
5 these and other words and phrases separately for the purpose
6 of implementing specific programs providing benefits under
7 this Act.
8 (a) "Administrative service organization" means any
9 person, firm or corporation experienced in the handling of
10 claims which is fully qualified, financially sound and
11 capable of meeting the service requirements of a contract of
12 administration executed with the Department.
13 (b) "Annuitant" means (1) an employee who retires, or
14 has retired, on or after January 1, 1966 on an immediate
15 annuity under the provisions of Articles 2, 14, 15 (including
16 an employee who has retired and is receiving a retirement
17 annuity under an optional program established under Section
18 15-158.2 and who would also be eligible for a retirement
19 annuity had that person been a participant in the State
20 University Retirement System), paragraphs (b) or (c) of
21 Section 16-106, or Article 18 of the Illinois Pension Code;
22 (2) any person who was receiving group insurance coverage
23 under this Act as of March 31, 1978 by reason of his status
24 as an annuitant, even though the annuity in relation to which
25 such coverage was provided is a proportional annuity based on
26 less than the minimum period of service required for a
27 retirement annuity in the system involved; (3) any person not
28 otherwise covered by this Act who has retired as a
29 participating member under Article 2 of the Illinois Pension
30 Code but is ineligible for the retirement annuity under
31 Section 2-119 of the Illinois Pension Code; (4) the spouse of
32 any person who is receiving a retirement annuity under
33 Article 18 of the Illinois Pension Code and who is covered
34 under a group health insurance program sponsored by a
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1 governmental employer other than the State of Illinois and
2 who has irrevocably elected to waive his or her coverage
3 under this Act and to have his or her spouse considered as
4 the "annuitant" under this Act and not as a "dependent"; or
5 (5) an employee who retires, or has retired, from a qualified
6 position, as determined according to rules promulgated by the
7 Director, under a qualified local government or a qualified
8 rehabilitation facility or a qualified domestic violence
9 shelter or service. (For definition of "retired employee",
10 see (p) post).
11 (c) "Carrier" means (1) an insurance company, a
12 corporation organized under the Limited Health Service
13 Organization Act or the Voluntary Health Services Plan Act, a
14 partnership, or other nongovernmental organization, which is
15 authorized to do group life or group health insurance
16 business in Illinois, or (2) the State of Illinois as a
17 self-insurer.
18 (d) "Compensation" means salary or wages payable on a
19 regular payroll by the State Treasurer on a warrant of the
20 State Comptroller out of any State, trust or federal fund, or
21 by the Governor of the State through a disbursing officer of
22 the State out of a trust or out of federal funds, or by any
23 Department out of State, trust, federal or other funds held
24 by the State Treasurer or the Department, to any person for
25 personal services currently performed, and ordinary or
26 accidental disability benefits under Articles 2, 14, 15
27 (including ordinary or accidental disability benefits under
28 an optional program established under Section 15-158.2),
29 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
30 Illinois Pension Code, for disability incurred after January
31 1, 1966, or benefits payable under the Workers' Compensation
32 or Occupational Diseases Act or benefits payable under a sick
33 pay plan established in accordance with Section 36 of the
34 State Finance Act. "Compensation" also means salary or wages
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1 paid to an employee of any qualified local government or
2 qualified rehabilitation facility or a qualified domestic
3 violence shelter or service.
4 (e) "Commission" means the State Employees Group
5 Insurance Advisory Commission authorized by this Act.
6 Commencing July 1, 1984, "Commission" as used in this Act
7 means the Illinois Economic and Fiscal Commission as
8 established by the Legislative Commission Reorganization Act
9 of 1984.
10 (f) "Contributory", when referred to as contributory
11 coverage, shall mean optional coverages or benefits elected
12 by the member toward the cost of which such member makes
13 contribution, or which are funded in whole or in part through
14 the acceptance of a reduction in earnings or the foregoing of
15 an increase in earnings by an employee, as distinguished from
16 noncontributory coverage or benefits which are paid entirely
17 by the State of Illinois without reduction of the member's
18 salary.
19 (g) "Department" means any department, institution,
20 board, commission, officer, court or any agency of the State
21 government receiving appropriations and having power to
22 certify payrolls to the Comptroller authorizing payments of
23 salary and wages against such appropriations as are made by
24 the General Assembly from any State fund, or against trust
25 funds held by the State Treasurer and includes boards of
26 trustees of the retirement systems created by Articles 2, 14,
27 15, 16 and 18 of the Illinois Pension Code. "Department"
28 also includes the Illinois Comprehensive Health Insurance
29 Board and the Illinois Rural Bond Bank.
30 (h) "Dependent", when the term is used in the context of
31 the health and life plan, means a member's spouse and any
32 unmarried child (1) from birth to age 19 including an adopted
33 child, a child who lives with the member from the time of the
34 filing of a petition for adoption until entry of an order of
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1 adoption, a stepchild or recognized child who lives with the
2 member in a parent-child relationship, or a child who lives
3 with the member if such member is a court appointed guardian
4 of the child, or (2) age 19 to 23 enrolled as a full-time
5 student in any accredited school, financially dependent upon
6 the member, and eligible as a dependent for Illinois State
7 income tax purposes, or (3) age 19 or over who is mentally or
8 physically handicapped as defined in the Illinois Insurance
9 Code. For the health plan only, the term "dependent" also
10 includes any person enrolled prior to the effective date of
11 this Section who is dependent upon the member to the extent
12 that the member may claim such person as a dependent for
13 Illinois State income tax deduction purposes; no other such
14 person may be enrolled.
15 (i) "Director" means the Director of the Illinois
16 Department of Central Management Services.
17 (j) "Eligibility period" means the period of time a
18 member has to elect enrollment in programs or to select
19 benefits without regard to age, sex or health.
20 (k) "Employee" means and includes each officer or
21 employee in the service of a department who (1) receives his
22 compensation for service rendered to the department on a
23 warrant issued pursuant to a payroll certified by a
24 department or on a warrant or check issued and drawn by a
25 department upon a trust, federal or other fund or on a
26 warrant issued pursuant to a payroll certified by an elected
27 or duly appointed officer of the State or who receives
28 payment of the performance of personal services on a warrant
29 issued pursuant to a payroll certified by a Department and
30 drawn by the Comptroller upon the State Treasurer against
31 appropriations made by the General Assembly from any fund or
32 against trust funds held by the State Treasurer, and (2) is
33 employed full-time or part-time in a position normally
34 requiring actual performance of duty during not less than 1/2
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1 of a normal work period, as established by the Director in
2 cooperation with each department, except that persons elected
3 by popular vote will be considered employees during the
4 entire term for which they are elected regardless of hours
5 devoted to the service of the State, and (3) except that
6 "employee" does not include any person who is not eligible by
7 reason of such person's employment to participate in one of
8 the State retirement systems under Articles 2, 14, 15 (either
9 the regular Article 15 system or an optional program
10 established under Section 15-158.2) or 18, or under paragraph
11 (b) or (c) of Section 16-106, of the Illinois Pension Code,
12 but such term does include persons who are employed during
13 the 6 month qualifying period under Article 14 of the
14 Illinois Pension Code. Such term also includes any person
15 who (1) after January 1, 1966, is receiving ordinary or
16 accidental disability benefits under Articles 2, 14, 15
17 (including ordinary or accidental disability benefits under
18 an optional program established under Section 15-158.2),
19 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
20 Illinois Pension Code, for disability incurred after January
21 1, 1966, (2) receives total permanent or total temporary
22 disability under the Workers' Compensation Act or
23 Occupational Disease Act as a result of injuries sustained or
24 illness contracted in the course of employment with the State
25 of Illinois, or (3) is not otherwise covered under this Act
26 and has retired as a participating member under Article 2 of
27 the Illinois Pension Code but is ineligible for the
28 retirement annuity under Section 2-119 of the Illinois
29 Pension Code. However, a person who satisfies the criteria
30 of the foregoing definition of "employee" except that such
31 person is made ineligible to participate in the State
32 Universities Retirement System by clause (4) of the first
33 paragraph of Section 15-107 of the Illinois Pension Code is
34 also an "employee" for the purposes of this Act. "Employee"
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1 also includes any person receiving or eligible for benefits
2 under a sick pay plan established in accordance with Section
3 36 of the State Finance Act. "Employee" also includes each
4 officer or employee in the service of a qualified local
5 government, including persons appointed as trustees of
6 sanitary districts regardless of hours devoted to the service
7 of the sanitary district, and each employee in the service of
8 a qualified rehabilitation facility and each full-time
9 employee in the service of a qualified domestic violence
10 shelter or service, as determined according to rules
11 promulgated by the Director.
12 (l) "Member" means an employee, annuitant, retired
13 employee or survivor.
14 (m) "Optional coverages or benefits" means those
15 coverages or benefits available to the member on his or her
16 voluntary election, and at his or her own expense.
17 (n) "Program" means the group life insurance, health
18 benefits and other employee benefits designed and contracted
19 for by the Director under this Act.
20 (o) "Health plan" means a self-insured health insurance
21 program offered by the State of Illinois for the purposes of
22 benefiting employees by means of providing, among others,
23 wellness programs, utilization reviews, second opinions and
24 medical fee reviews, as well as for paying for hospital and
25 medical care up to the maximum coverage provided by the plan,
26 to its members and their dependents.
27 (p) "Retired employee" means any person who would be an
28 annuitant as that term is defined herein but for the fact
29 that such person retired prior to January 1, 1966. Such term
30 also includes any person formerly employed by the University
31 of Illinois in the Cooperative Extension Service who would be
32 an annuitant but for the fact that such person was made
33 ineligible to participate in the State Universities
34 Retirement System by clause (4) of the first paragraph of
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1 Section 15-107 of the Illinois Pension Code.
2 (q) "Survivor" means a person receiving an annuity as a
3 survivor of an employee or of an annuitant. "Survivor" also
4 includes: (1) the surviving dependent of a person who
5 satisfies the definition of "employee" except that such
6 person is made ineligible to participate in the State
7 Universities Retirement System by clause (4) of the first
8 paragraph of Section 15-107 of the Illinois Pension Code; and
9 (2) the surviving dependent of any person formerly employed
10 by the University of Illinois in the Cooperative Extension
11 Service who would be an annuitant except for the fact that
12 such person was made ineligible to participate in the State
13 Universities Retirement System by clause (4) of the first
14 paragraph of Section 15-107 of the Illinois Pension Code.
15 (r) "Medical services" means the services provided
16 within the scope of their licenses by practitioners in all
17 categories licensed under the Medical Practice Act of 1987.
18 (s) "Unit of local government" means any county,
19 municipality, township, school district, special district or
20 other unit, designated as a unit of local government by law,
21 which exercises limited governmental powers or powers in
22 respect to limited governmental subjects, any not-for-profit
23 association with a membership that primarily includes
24 townships and township officials, that has duties that
25 include provision of research service, dissemination of
26 information, and other acts for the purpose of improving
27 township government, and that is funded wholly or partly in
28 accordance with Section 85-15 of the Township Code; any
29 not-for-profit corporation or association, with a membership
30 consisting primarily of municipalities, that operates its own
31 utility system, and provides research, training,
32 dissemination of information, or other acts to promote
33 cooperation between and among municipalities that provide
34 utility services and for the advancement of the goals and
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1 purposes of its membership; and the Illinois Association of
2 Park Districts. "Qualified local government" means a unit of
3 local government approved by the Director and participating
4 in a program created under subsection (i) of Section 10 of
5 this Act.
6 (t) "Qualified rehabilitation facility" means any
7 not-for-profit organization that is accredited by the
8 Commission on Accreditation of Rehabilitation Facilities or
9 certified by the Department of Mental Health and
10 Developmental Disabilities to provide services to persons
11 with disabilities and which receives funds from the State of
12 Illinois for providing those services, approved by the
13 Director and participating in a program created under
14 subsection (j) of Section 10 of this Act.
15 (u) "Qualified domestic violence shelter or service"
16 means any Illinois domestic violence shelter or service and
17 its administrative offices funded by the Illinois Department
18 of Public Aid, approved by the Director and participating in
19 a program created under subsection (k) of Section 10.
20 (v) "TRS benefit recipient" means a person who:
21 (1) is not a "member" as defined in this Section;
22 and
23 (2) is receiving a monthly benefit or retirement
24 annuity under Article 16 of the Illinois Pension Code;
25 and
26 (3) either (i) has at least 8 years of creditable
27 service under Article 16 of the Illinois Pension Code, or
28 (ii) was enrolled in the health insurance program offered
29 under that Article on January 1, 1996, or (iii) is the
30 survivor of a benefit recipient who had at least 8 years
31 of creditable service under Article 16 of the Illinois
32 Pension Code or was enrolled in the health insurance
33 program offered under that Article on the effective date
34 of this amendatory Act of 1995, or (iv) is a recipient or
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1 survivor of a recipient of a disability benefit under
2 Article 16 of the Illinois Pension Code.
3 (w) "TRS dependent beneficiary" means a person who:
4 (1) is not a "member" or "dependent" as defined in
5 this Section; and
6 (2) is a TRS benefit recipient's: (A) spouse, (B)
7 dependent parent who is receiving at least half of his or
8 her support from the TRS benefit recipient, or (C)
9 unmarried natural or adopted child who is (i) under age
10 19, or (ii) enrolled as a full-time student in an
11 accredited school, financially dependent upon the TRS
12 benefit recipient, eligible as a dependent for Illinois
13 State income tax purposes, and either is under age 24 or
14 was, on January 1, 1996, participating as a dependent
15 beneficiary in the health insurance program offered under
16 Article 16 of the Illinois Pension Code, or (iii) age 19
17 or over who is mentally or physically handicapped as
18 defined in the Illinois Insurance Code.
19 (x) "Military leave with pay and benefits" refers to
20 individuals in basic training for reserves, special/advanced
21 training, annual training, emergency call up, or activation
22 by the President of the United States with approved pay and
23 benefits.
24 (y) "Military leave without pay and benefits" refers to
25 individuals who enlist for active duty in a regular component
26 of the U.S. Armed Forces or other duty not specified or
27 authorized under military leave with pay and benefits.
28 (z) "Community college benefit recipient" means a person
29 who:
30 (1) is not a "member" as defined in this Section;
31 and
32 (2) is receiving a monthly survivor's annuity or
33 retirement annuity under Article 15 of the Illinois
34 Pension Code; and
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1 (3) either (i) was a full-time employee of a
2 community college district or an association of community
3 college boards created under the Public Community College
4 Act (other than an employee whose last employer under
5 Article 15 of the Illinois Pension Code was a community
6 college district subject to Article VII of the Public
7 Community College Act) and was eligible to participate in
8 a group health benefit plan as an employee during the
9 time of employment with a community college district
10 (other than a community college district subject to
11 Article VII of the Public Community College Act) or an
12 association of community college boards, or (ii) is the
13 survivor of a person described in item (i).
14 (aa) "Community college dependent beneficiary" means a
15 person who:
16 (1) is not a "member" or "dependent" as defined in
17 this Section; and
18 (2) is a community college benefit recipient's: (A)
19 spouse, (B) dependent parent who is receiving at least
20 half of his or her support from the community college
21 benefit recipient, or (C) unmarried natural or adopted
22 child who is (i) under age 19, or (ii) enrolled as a
23 full-time student in an accredited school, financially
24 dependent upon the community college benefit recipient,
25 eligible as a dependent for Illinois State income tax
26 purposes and under age 23, or (iii) age 19 or over and
27 mentally or physically handicapped as defined in the
28 Illinois Insurance Code.
29 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
30 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
31 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628,
32 eff. 8-9-96; revised 8-23-96.)
33 (Text of Section after amendment by P.A. 89-507)
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1 Sec. 3. Definitions. Unless the context otherwise
2 requires, the following words and phrases as used in this Act
3 shall have the following meanings. The Department may define
4 these and other words and phrases separately for the purpose
5 of implementing specific programs providing benefits under
6 this Act.
7 (a) "Administrative service organization" means any
8 person, firm or corporation experienced in the handling of
9 claims which is fully qualified, financially sound and
10 capable of meeting the service requirements of a contract of
11 administration executed with the Department.
12 (b) "Annuitant" means (1) an employee who retires, or
13 has retired, on or after January 1, 1966 on an immediate
14 annuity under the provisions of Articles 2, 14, 15 (including
15 an employee who has retired and is receiving a retirement
16 annuity under an optional program established under Section
17 15-158.2 and who would also be eligible for a retirement
18 annuity had that person been a participant in the State
19 University Retirement System), paragraphs (b) or (c) of
20 Section 16-106, or Article 18 of the Illinois Pension Code;
21 (2) any person who was receiving group insurance coverage
22 under this Act as of March 31, 1978 by reason of his status
23 as an annuitant, even though the annuity in relation to which
24 such coverage was provided is a proportional annuity based on
25 less than the minimum period of service required for a
26 retirement annuity in the system involved; (3) any person not
27 otherwise covered by this Act who has retired as a
28 participating member under Article 2 of the Illinois Pension
29 Code but is ineligible for the retirement annuity under
30 Section 2-119 of the Illinois Pension Code; (4) the spouse of
31 any person who is receiving a retirement annuity under
32 Article 18 of the Illinois Pension Code and who is covered
33 under a group health insurance program sponsored by a
34 governmental employer other than the State of Illinois and
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1 who has irrevocably elected to waive his or her coverage
2 under this Act and to have his or her spouse considered as
3 the "annuitant" under this Act and not as a "dependent"; or
4 (5) an employee who retires, or has retired, from a qualified
5 position, as determined according to rules promulgated by the
6 Director, under a qualified local government or a qualified
7 rehabilitation facility or a qualified domestic violence
8 shelter or service. (For definition of "retired employee",
9 see (p) post).
10 (c) "Carrier" means (1) an insurance company, a
11 corporation organized under the Limited Health Service
12 Organization Act or the Voluntary Health Services Plan Act, a
13 partnership, or other nongovernmental organization, which is
14 authorized to do group life or group health insurance
15 business in Illinois, or (2) the State of Illinois as a
16 self-insurer.
17 (d) "Compensation" means salary or wages payable on a
18 regular payroll by the State Treasurer on a warrant of the
19 State Comptroller out of any State, trust or federal fund, or
20 by the Governor of the State through a disbursing officer of
21 the State out of a trust or out of federal funds, or by any
22 Department out of State, trust, federal or other funds held
23 by the State Treasurer or the Department, to any person for
24 personal services currently performed, and ordinary or
25 accidental disability benefits under Articles 2, 14, 15
26 (including ordinary or accidental disability benefits under
27 an optional program established under Section 15-158.2),
28 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
29 Illinois Pension Code, for disability incurred after January
30 1, 1966, or benefits payable under the Workers' Compensation
31 or Occupational Diseases Act or benefits payable under a sick
32 pay plan established in accordance with Section 36 of the
33 State Finance Act. "Compensation" also means salary or wages
34 paid to an employee of any qualified local government or
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1 qualified rehabilitation facility or a qualified domestic
2 violence shelter or service.
3 (e) "Commission" means the State Employees Group
4 Insurance Advisory Commission authorized by this Act.
5 Commencing July 1, 1984, "Commission" as used in this Act
6 means the Illinois Economic and Fiscal Commission as
7 established by the Legislative Commission Reorganization Act
8 of 1984.
9 (f) "Contributory", when referred to as contributory
10 coverage, shall mean optional coverages or benefits elected
11 by the member toward the cost of which such member makes
12 contribution, or which are funded in whole or in part through
13 the acceptance of a reduction in earnings or the foregoing of
14 an increase in earnings by an employee, as distinguished from
15 noncontributory coverage or benefits which are paid entirely
16 by the State of Illinois without reduction of the member's
17 salary.
18 (g) "Department" means any department, institution,
19 board, commission, officer, court or any agency of the State
20 government receiving appropriations and having power to
21 certify payrolls to the Comptroller authorizing payments of
22 salary and wages against such appropriations as are made by
23 the General Assembly from any State fund, or against trust
24 funds held by the State Treasurer and includes boards of
25 trustees of the retirement systems created by Articles 2, 14,
26 15, 16 and 18 of the Illinois Pension Code. "Department"
27 also includes the Illinois Comprehensive Health Insurance
28 Board and the Illinois Rural Bond Bank.
29 (h) "Dependent", when the term is used in the context of
30 the health and life plan, means a member's spouse and any
31 unmarried child (1) from birth to age 19 including an adopted
32 child, a child who lives with the member from the time of the
33 filing of a petition for adoption until entry of an order of
34 adoption, a stepchild or recognized child who lives with the
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1 member in a parent-child relationship, or a child who lives
2 with the member if such member is a court appointed guardian
3 of the child, or (2) age 19 to 23 enrolled as a full-time
4 student in any accredited school, financially dependent upon
5 the member, and eligible as a dependent for Illinois State
6 income tax purposes, or (3) age 19 or over who is mentally or
7 physically handicapped as defined in the Illinois Insurance
8 Code. For the health plan only, the term "dependent" also
9 includes any person enrolled prior to the effective date of
10 this Section who is dependent upon the member to the extent
11 that the member may claim such person as a dependent for
12 Illinois State income tax deduction purposes; no other such
13 person may be enrolled.
14 (i) "Director" means the Director of the Illinois
15 Department of Central Management Services.
16 (j) "Eligibility period" means the period of time a
17 member has to elect enrollment in programs or to select
18 benefits without regard to age, sex or health.
19 (k) "Employee" means and includes each officer or
20 employee in the service of a department who (1) receives his
21 compensation for service rendered to the department on a
22 warrant issued pursuant to a payroll certified by a
23 department or on a warrant or check issued and drawn by a
24 department upon a trust, federal or other fund or on a
25 warrant issued pursuant to a payroll certified by an elected
26 or duly appointed officer of the State or who receives
27 payment of the performance of personal services on a warrant
28 issued pursuant to a payroll certified by a Department and
29 drawn by the Comptroller upon the State Treasurer against
30 appropriations made by the General Assembly from any fund or
31 against trust funds held by the State Treasurer, and (2) is
32 employed full-time or part-time in a position normally
33 requiring actual performance of duty during not less than 1/2
34 of a normal work period, as established by the Director in
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1 cooperation with each department, except that persons elected
2 by popular vote will be considered employees during the
3 entire term for which they are elected regardless of hours
4 devoted to the service of the State, and (3) except that
5 "employee" does not include any person who is not eligible by
6 reason of such person's employment to participate in one of
7 the State retirement systems under Articles 2, 14, 15 (either
8 the regular Article 15 system or an optional program
9 established under Section 15-158.2) or 18, or under paragraph
10 (b) or (c) of Section 16-106, of the Illinois Pension Code,
11 but such term does include persons who are employed during
12 the 6 month qualifying period under Article 14 of the
13 Illinois Pension Code. Such term also includes any person
14 who (1) after January 1, 1966, is receiving ordinary or
15 accidental disability benefits under Articles 2, 14, 15
16 (including ordinary or accidental disability benefits under
17 an optional program established under Section 15-158.2),
18 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
19 Illinois Pension Code, for disability incurred after January
20 1, 1966, (2) receives total permanent or total temporary
21 disability under the Workers' Compensation Act or
22 Occupational Disease Act as a result of injuries sustained or
23 illness contracted in the course of employment with the State
24 of Illinois, or (3) is not otherwise covered under this Act
25 and has retired as a participating member under Article 2 of
26 the Illinois Pension Code but is ineligible for the
27 retirement annuity under Section 2-119 of the Illinois
28 Pension Code. However, a person who satisfies the criteria
29 of the foregoing definition of "employee" except that such
30 person is made ineligible to participate in the State
31 Universities Retirement System by clause (4) of the first
32 paragraph of Section 15-107 of the Illinois Pension Code is
33 also an "employee" for the purposes of this Act. "Employee"
34 also includes any person receiving or eligible for benefits
-17- LRB9003212EGfgam02
1 under a sick pay plan established in accordance with Section
2 36 of the State Finance Act. "Employee" also includes each
3 officer or employee in the service of a qualified local
4 government, including persons appointed as trustees of
5 sanitary districts regardless of hours devoted to the service
6 of the sanitary district, and each employee in the service of
7 a qualified rehabilitation facility and each full-time
8 employee in the service of a qualified domestic violence
9 shelter or service, as determined according to rules
10 promulgated by the Director.
11 (l) "Member" means an employee, annuitant, retired
12 employee or survivor.
13 (m) "Optional coverages or benefits" means those
14 coverages or benefits available to the member on his or her
15 voluntary election, and at his or her own expense.
16 (n) "Program" means the group life insurance, health
17 benefits and other employee benefits designed and contracted
18 for by the Director under this Act.
19 (o) "Health plan" means a self-insured health insurance
20 program offered by the State of Illinois for the purposes of
21 benefiting employees by means of providing, among others,
22 wellness programs, utilization reviews, second opinions and
23 medical fee reviews, as well as for paying for hospital and
24 medical care up to the maximum coverage provided by the plan,
25 to its members and their dependents.
26 (p) "Retired employee" means any person who would be an
27 annuitant as that term is defined herein but for the fact
28 that such person retired prior to January 1, 1966. Such term
29 also includes any person formerly employed by the University
30 of Illinois in the Cooperative Extension Service who would be
31 an annuitant but for the fact that such person was made
32 ineligible to participate in the State Universities
33 Retirement System by clause (4) of the first paragraph of
34 Section 15-107 of the Illinois Pension Code.
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1 (q) "Survivor" means a person receiving an annuity as a
2 survivor of an employee or of an annuitant. "Survivor" also
3 includes: (1) the surviving dependent of a person who
4 satisfies the definition of "employee" except that such
5 person is 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; and
8 (2) the surviving dependent of any person formerly employed
9 by the University of Illinois in the Cooperative Extension
10 Service who would be an annuitant except for the fact that
11 such person was made ineligible to participate in the State
12 Universities Retirement System by clause (4) of the first
13 paragraph of Section 15-107 of the Illinois Pension Code.
14 (r) "Medical services" means the services provided
15 within the scope of their licenses by practitioners in all
16 categories licensed under the Medical Practice Act of 1987.
17 (s) "Unit of local government" means any county,
18 municipality, township, school district, special district or
19 other unit, designated as a unit of local government by law,
20 which exercises limited governmental powers or powers in
21 respect to limited governmental subjects, any not-for-profit
22 association with a membership that primarily includes
23 townships and township officials, that has duties that
24 include provision of research service, dissemination of
25 information, and other acts for the purpose of improving
26 township government, and that is funded wholly or partly in
27 accordance with Section 85-15 of the Township Code; any
28 not-for-profit corporation or association, with a membership
29 consisting primarily of municipalities, that operates its own
30 utility system, and provides research, training,
31 dissemination of information, or other acts to promote
32 cooperation between and among municipalities that provide
33 utility services and for the advancement of the goals and
34 purposes of its membership; and the Illinois Association of
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1 Park Districts. "Qualified local government" means a unit of
2 local government approved by the Director and participating
3 in a program created under subsection (i) of Section 10 of
4 this Act.
5 (t) "Qualified rehabilitation facility" means any
6 not-for-profit organization that is accredited by the
7 Commission on Accreditation of Rehabilitation Facilities or
8 certified by the Department of Human Services (as successor
9 to the Department of Mental Health and Developmental
10 Disabilities) to provide services to persons with
11 disabilities and which receives funds from the State of
12 Illinois for providing those services, approved by the
13 Director and participating in a program created under
14 subsection (j) of Section 10 of this Act.
15 (u) "Qualified domestic violence shelter or service"
16 means any Illinois domestic violence shelter or service and
17 its administrative offices funded by the Department of Human
18 Services (as successor to the Illinois Department of Public
19 Aid), approved by the Director and participating in a program
20 created under subsection (k) of Section 10.
21 (v) "TRS benefit recipient" means a person who:
22 (1) is not a "member" as defined in this Section;
23 and
24 (2) is receiving a monthly benefit or retirement
25 annuity under Article 16 of the Illinois Pension Code;
26 and
27 (3) either (i) has at least 8 years of creditable
28 service under Article 16 of the Illinois Pension Code, or
29 (ii) was enrolled in the health insurance program offered
30 under that Article on January 1, 1996, or (iii) is the
31 survivor of a benefit recipient who had at least 8 years
32 of creditable service under Article 16 of the Illinois
33 Pension Code or was enrolled in the health insurance
34 program offered under that Article on the effective date
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1 of this amendatory Act of 1995, or (iv) is a recipient or
2 survivor of a recipient of a disability benefit under
3 Article 16 of the Illinois Pension Code.
4 (w) "TRS dependent beneficiary" means a person who:
5 (1) is not a "member" or "dependent" as defined in
6 this Section; and
7 (2) is a TRS benefit recipient's: (A) spouse, (B)
8 dependent parent who is receiving at least half of his or
9 her support from the TRS benefit recipient, or (C)
10 unmarried natural or adopted child who is (i) under age
11 19, or (ii) enrolled as a full-time student in an
12 accredited school, financially dependent upon the TRS
13 benefit recipient, eligible as a dependent for Illinois
14 State income tax purposes, and either is under age 24 or
15 was, on January 1, 1996, participating as a dependent
16 beneficiary in the health insurance program offered under
17 Article 16 of the Illinois Pension Code, or (iii) age 19
18 or over who is mentally or physically handicapped as
19 defined in the Illinois Insurance Code.
20 (x) "Military leave with pay and benefits" refers to
21 individuals in basic training for reserves, special/advanced
22 training, annual training, emergency call up, or activation
23 by the President of the United States with approved pay and
24 benefits.
25 (y) "Military leave without pay and benefits" refers to
26 individuals who enlist for active duty in a regular component
27 of the U.S. Armed Forces or other duty not specified or
28 authorized under military leave with pay and benefits.
29 (z) "Community college benefit recipient" means a person
30 who:
31 (1) is not a "member" as defined in this Section;
32 and
33 (2) is receiving a monthly survivor's annuity or
34 retirement annuity under Article 15 of the Illinois
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1 Pension Code; and
2 (3) either (i) was a full-time employee of a
3 community college district or an association of community
4 college boards created under the Public Community College
5 Act (other than an employee whose last employer under
6 Article 15 of the Illinois Pension Code was a community
7 college district subject to Article VII of the Public
8 Community College Act) and was eligible to participate in
9 a group health benefit plan as an employee during the
10 time of employment with a community college district
11 (other than a community college district subject to
12 Article VII of the Public Community College Act) or an
13 association of community college boards, or (ii) is the
14 survivor of a person described in item (i).
15 (aa) "Community college dependent beneficiary" means a
16 person who:
17 (1) is not a "member" or "dependent" as defined in
18 this Section; and
19 (2) is a community college benefit recipient's: (A)
20 spouse, (B) dependent parent who is receiving at least
21 half of his or her support from the community college
22 benefit recipient, or (C) unmarried natural or adopted
23 child who is (i) under age 19, or (ii) enrolled as a
24 full-time student in an accredited school, financially
25 dependent upon the community college benefit recipient,
26 eligible as a dependent for Illinois State income tax
27 purposes and under age 23, or (iii) age 19 or over and
28 mentally or physically handicapped as defined in the
29 Illinois Insurance Code.
30 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
31 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
32 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
33 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
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1 (5 ILCS 375/6.9 new)
2 Sec. 6.9. Health benefits for community college benefit
3 recipients and community college dependent beneficiaries.
4 (a) Purpose. It is the purpose of this amendatory Act
5 of 1997 to establish a uniform program of health benefits for
6 community college benefit recipients and their dependent
7 beneficiaries under the administration of the Department of
8 Central Management Services.
9 (b) Creation of program. Beginning July 1, 1999, the
10 Department of Central Management Services shall be
11 responsible for administering a program of health benefits
12 for community college benefit recipients and community
13 college dependent beneficiaries under this Section. The
14 State Universities Retirement System and the boards of
15 trustees of the various community college districts shall
16 cooperate with the Department in this endeavor.
17 (c) Eligibility. All community college benefit
18 recipients and community college dependent beneficiaries
19 shall be eligible to participate in the program established
20 under this Section, without any interruption or delay in
21 coverage or limitation as to pre-existing medical conditions.
22 Eligibility to participate shall be determined by the State
23 Universities Retirement System. Eligibility information
24 shall be communicated to the Department of Central Management
25 Services in a format acceptable to the Department.
26 (d) Coverage. The health benefits provided under this
27 Section shall be the same as the benefits provided under the
28 other provisions of this Act for annuitants of the State
29 Universities Retirement System and their dependent
30 beneficiaries. However, group life insurance benefits are
31 not included in the benefits to be provided to community
32 college benefit recipients and community college dependent
33 beneficiaries under this Act.
34 (e) Insurance rates and premiums. The Director shall
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1 determine the insurance rates and premiums for community
2 college benefit recipients and community college dependent
3 beneficiaries. Rates and premiums may be based in part on
4 age and eligibility for federal medicare coverage.
5 The cost of health benefits under the program shall be
6 paid as follows:
7 (1) For a community college benefit recipient, up
8 to 75% of the total insurance rate shall be paid from the
9 Community College Health Insurance Security Fund.
10 (2) The balance of the rate of insurance, including
11 the entire premium for any coverage for community college
12 dependent beneficiaries that has been elected, shall be
13 paid by deductions authorized by the community college
14 benefit recipient to be withheld from his or her monthly
15 annuity or benefit payment from the State Universities
16 Retirement System; except that (i) if the balance of the
17 cost of coverage exceeds the amount of the monthly
18 annuity or benefit payment, the difference shall be paid
19 directly to the State Universities Retirement System by
20 the community college benefit recipient, and (ii) all or
21 part of the balance of the cost of coverage may, at the
22 option of the board of trustees of the community college
23 district, be paid to the State Universities Retirement
24 System by the board of the community college district
25 from which the community college benefit recipient
26 retired. The State Universities Retirement System shall
27 promptly deposit all moneys withheld by or paid to it
28 under this subdivision (e)(2) into the Community College
29 Health Insurance Security Fund. These moneys shall not
30 be considered assets of the State Universities Retirement
31 System.
32 This Act does not prohibit any community college district
33 from paying for all or a portion of the premiums,
34 deductibles, or other costs of the benefits provided under
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1 this Section for its retirees or their dependents or
2 survivors.
3 (f) Financing. All revenues arising from the
4 administration of the health benefit program established
5 under this Section shall be deposited into the Community
6 College Health Insurance Security Fund, which is hereby
7 created as a nonappropriated trust fund to be held outside
8 the State Treasury, with the State Treasurer as custodian.
9 Any interest earned on moneys in the Community College Health
10 Insurance Security Fund shall be deposited into the Fund.
11 Moneys in the Community College Health Insurance Security
12 Fund shall be used only to pay the costs of the health
13 benefit program established under this Section, including
14 associated administrative costs. Beginning January 1, 1999,
15 the Department of Central Management Services may make
16 expenditures from the Community College Health Insurance
17 Security Fund for those costs.
18 (g) Contract for benefits. The Director shall by
19 contract, self-insurance, or otherwise make available the
20 program of health benefits for community college benefit
21 recipients and their community college dependent
22 beneficiaries that is provided for in this Section. The
23 contract or other arrangement for the provision of these
24 health benefits shall be on terms deemed by the Director to
25 be in the best interest of the State of Illinois and the
26 community college benefit recipients based on, but not
27 limited to, such criteria as administrative cost, service
28 capabilities of the carrier or other contractor, and the
29 costs of the benefits.
30 (h) Continuation of program. It is the intention of the
31 General Assembly that the program of health benefits provided
32 under this Section be maintained on an ongoing, affordable
33 basis. The program of health benefits provided under this
34 Section may be amended by the State and is not intended to be
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1 a pension or retirement benefit subject to protection under
2 Article XIII, Section 5 of the Illinois Constitution.
3 (i) Other health benefit plans. A health benefit plan
4 provided by a community college district (other than a
5 community college district subject to Article VII of the
6 Public Community College Act) under the terms of a collective
7 bargaining agreement in effect on or before the effective
8 date of this amendatory Act of 1997 shall continue in force
9 according to the terms of that agreement, unless otherwise
10 mutually agreed by the parties to that agreement. A
11 community college benefit recipient or community college
12 dependent beneficiary whose coverage under such a plan
13 expires shall be eligible to begin participating in the
14 program established under this Section without any
15 interruption or delay in coverage or limitation as to
16 pre-existing medical conditions.
17 This Act does not prohibit any community college district
18 from offering additional health benefits for its retirees or
19 their dependents or survivors.
20 (5 ILCS 375/6.10 new)
21 Sec. 6.10. Contributions to the Community College Health
22 Insurance Security Fund.
23 (a) Beginning January 1, 1999, every active contributor
24 of the State Universities Retirement System (established
25 under Article 15 of the Illinois Pension Code) who (1) is a
26 full-time employee of a community college district (other
27 than a community college district subject to Article VII of
28 the Public Community College Act) or an association of
29 community college boards and (2) is not an employee as
30 defined in Section 3 of this Act shall make contributions
31 toward the cost of community college annuitant and survivor
32 health benefits at the rate of 0.35% of salary.
33 These contributions shall be deducted by the employer and
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1 paid to the State Universities Retirement System as service
2 agent for the Department of Central Management Services. The
3 System may use the same processes for collecting the
4 contributions required by this subsection that it uses to
5 collect the contributions received from those employees under
6 Section 15-157 of the Illinois Pension Code. An employer may
7 agree to pick up or pay the contributions required under this
8 subsection on behalf of the employee; such contributions
9 shall be deemed to have been paid by the employee.
10 A person required to make contributions under this
11 subsection (a) who purchases optional service credit under
12 Article 15 of the Illinois Pension Code must also pay the
13 contribution required under this subsection (a) with respect
14 to that optional service credit. This contribution must be
15 received by the System before that optional service credit is
16 granted.
17 The State Universities Retirement System shall promptly
18 deposit all moneys collected under this subsection (a) into
19 the Community College Health Insurance Security Fund created
20 in Section 6.9 of this Act. The moneys collected under this
21 Section shall be used only for the purposes authorized in
22 Section 6.9 of this Act and shall not be considered to be
23 assets of the State Universities Retirement System.
24 Contributions made under this Section are not transferable to
25 other pension funds or retirement systems and are not
26 refundable upon termination of service.
27 (b) Beginning January 1, 1999, every community college
28 district (other than a community college district subject to
29 Article VII of the Public Community College Act) or
30 association of community college boards that is an employer
31 under the State Universities Retirement System shall
32 contribute toward the cost of the community college health
33 benefits provided under Section 6.9 of this Act an amount
34 equal to 0.35% of the salary paid to its full-time employees
-27- LRB9003212EGfgam02
1 who participate in the State Universities Retirement System
2 and are not members as defined in Section 3 of this Act.
3 These contributions shall be paid by the employer to the
4 State Universities Retirement System as service agent for the
5 Department of Central Management Services. The System may
6 use the same processes for collecting the contributions
7 required by this subsection that it uses to collect the
8 contributions received from those employers under Section
9 15-155 of the Illinois Pension Code.
10 The State Universities Retirement System shall promptly
11 deposit all moneys collected under this subsection (b) 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 (c) On or before November 15 of each year, the Board of
21 Trustees of the State Universities Retirement System shall
22 certify to the Governor, the Director of Central Management
23 Services, and the State Comptroller its estimate of the total
24 amount of contributions to be paid under subsection (a) of
25 this Section for the next fiscal year. The certification
26 shall include a detailed explanation of the methods and
27 information that the Board relied upon in preparing its
28 estimate. As soon as possible after the effective date of
29 this Section, the Board shall submit its estimate for fiscal
30 year 1999.
31 (d) Beginning in fiscal year 1999, on the first day of
32 each month, or as soon thereafter as may be practical, the
33 State Treasurer and the State Comptroller shall transfer from
34 the General Revenue Fund to the Community College Health
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1 Insurance Security Fund 1/12 of the annual amount
2 appropriated for that fiscal year to the State Comptroller
3 for deposit into the Community College Health Insurance
4 Security Fund under Section 1.4 of the State Pension Funds
5 Continuing Appropriation Act.
6 (e) Except where otherwise specified in this Section,
7 the definitions that apply to Article 15 of the Illinois
8 Pension Code apply to this Section.
9 (5 ILCS 375/15) (from Ch. 127, par. 535)
10 Sec. 15. Administration; rules; audit; review.
11 (a) The Director shall administer this Act and shall
12 prescribe such rules and regulations as are necessary to give
13 full effect to the purposes of this Act.
14 (b) These rules may fix reasonable standards for the
15 group life and group health programs and other benefit
16 programs offered under this Act, and for the contractors
17 providing them.
18 (c) These rules shall specify that covered and optional
19 medical services of the program are services provided within
20 the scope of their licenses by practitioners in all
21 categories licensed under the Medical Practice Act of 1987
22 and shall provide that all eligible persons be fully informed
23 of this specification.
24 (d) These rules shall establish eligibility requirements
25 for members and dependents as may be necessary to supplement
26 or clarify requirements contained in this Act.
27 (e) Each affected department of the State, the State
28 Universities Retirement System, the Teachers' Retirement
29 System, and each qualified local government, rehabilitation
30 facility, or domestic violence shelter or service, shall keep
31 such records, make such certifications, and furnish the
32 Director such information as may be necessary for the
33 administration of this Act, including information concerning
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1 number and total amounts of payroll of employees of the
2 department who are paid from trust funds or federal funds.
3 (f) Each member, each Community College benefit
4 recipient to whom this Act applies, and each TRS benefit
5 recipient to whom this Act applies shall furnish the
6 Director, in such form as may be required, any information
7 that may be necessary to enroll such member or TRS benefit
8 recipient and, if applicable, his or her dependents or TRS
9 dependent beneficiaries under the programs or plan, including
10 such data as may be required to allow the Director to
11 accumulate statistics on data normally considered in
12 actuarial studies of employee groups. Information about
13 community college benefit recipients and community college
14 dependent beneficiaries shall be furnished through the State
15 Universities Retirement System. Information about TRS
16 benefit recipients and TRS dependent beneficiaries shall be
17 furnished through the Teachers' Retirement System.
18 (g) There shall be an annual audit and report on the
19 programs authorized and established by this Act prepared by
20 the Director with the assistance of a qualified, independent
21 accounting firm. The annual report shall provide information
22 on the experience, and administrative effectiveness and
23 adequacy of the program including, when applicable,
24 recommendations on up-grading of benefits and improvement of
25 the program.
26 (h) Any final order, decision or other determination
27 made, issued or executed by the Director under the provisions
28 of this Act whereby any contractor or person is aggrieved
29 shall be subject to review in accordance with the provisions
30 of the Administrative Review Law and all amendments and
31 modifications thereof, and the rules adopted pursuant
32 thereto, shall apply to and govern all proceedings for the
33 judicial review of final administrative decisions of the
34 Director.
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1 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95.)
2 Section 10. The State Pension Funds Continuing
3 Appropriation Act is amended by adding Section 1.4 as
4 follows:
5 (40 ILCS 15/1.4 new)
6 Sec. 1.4. Appropriations for the Community College Health
7 Insurance Security Fund. Beginning in State fiscal year
8 1999, there is hereby appropriated, on a continuing annual
9 basis, from the General Revenue Fund to the State Comptroller
10 for deposit into the Community College Health Insurance
11 Security Fund, an amount equal to the amount certified by the
12 Board of Trustees of the State Universities Retirement System
13 under subsection (c) of Section 6.10 of the State Employees
14 Group Insurance Act of 1971 as the estimated total amount of
15 contributions to be paid under subsection (a) of that Section
16 6.10 in that fiscal year. The moneys appropriated under this
17 Section 1.4 shall be deposited into the Community College
18 Health Insurance Security Fund and used only for the purposes
19 authorized in Section 6.9 of the State Employees Group
20 Insurance Act of 1971.
21 Section 15. The Public Community College Act is amended
22 by changing Section 2-16.02 as follows:
23 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
24 Sec. 2-16.02. Grants. Any community college district
25 that maintains a community college recognized by the State
26 Board shall receive, when eligible, grants enumerated in this
27 Section. Except for equalization grants, retirees health
28 insurance grants, grants to districts established pursuant to
29 Section 6-6.1, and grants for special initiatives, all grants
30 specified in this Section shall be based on funded semester
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1 credit hours. Funded semester credit hours shall be defined,
2 for purposes of this Section, as the greater of (1) the
3 number of semester credit hours, or equivalent, in all funded
4 instructional categories of students who have been certified
5 as being in attendance at midterm during the respective terms
6 of the base fiscal year or (2) the average of semester credit
7 hours, or equivalent, in all funded instructional categories
8 of students who have been certified as being in attendance at
9 midterm during the respective terms of the base fiscal year
10 and the 2 prior fiscal years. For purposes of this Section,
11 "base fiscal year" means the fiscal year 2 years prior to the
12 fiscal year for which the grants are appropriated. Such
13 students shall have been residents of Illinois and shall have
14 been enrolled in courses that are part of instructional
15 program categories approved by the State Board and that are
16 applicable toward an associate degree or certificate.
17 Courses are not eligible for reimbursement where the district
18 receives federal or State financing or both, except financing
19 through the State Board, for 50% or more of the program costs
20 with the exception of courses offered by contract with the
21 Department of Corrections in correctional institutions.
22 After distributing a grant of up to one-tenth of 1% of the
23 total available credit hour grant funding to each district
24 with less than 75,000 funded semester credit hours exclusive
25 of Department of Corrections credit hours, the remaining
26 credit hour grants shall be paid based on rates per funded
27 semester credit hour or equivalent calculated by the State
28 Board for funded instructional categories using cost of
29 instruction, enrollment, inflation, and other relevant
30 factors.
31 Grants for equalization shall be distributed to each
32 district that falls below a statewide threshold calculated by
33 the State Board by: (A) adding (1) the Corporate Personal
34 Property Replacement Fund allocations from the base fiscal
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1 year or the average of the base fiscal year and prior year,
2 whichever is less, divided by the applicable tax rate to (2)
3 the most recently audited year's equalized assessed valuation
4 or the average of the most recently audited year and prior
5 year, whichever is less, (B) then dividing by the number of
6 audited full-time equivalent resident students for the base
7 fiscal year or the average for the base fiscal year and the
8 2 prior fiscal years, whichever is greater, and (C) then
9 multiplying by the applicable tax rate. The State Board
10 shall use the same methodology to calculate a local revenue
11 factor for each district. The difference between the
12 statewide threshold and the local revenue factor, multiplied
13 by the number of full-time equivalent students, shall
14 determine the amount of equalization funding that each
15 district is eligible to receive.
16 A special populations grant of $20,000 per community
17 college shall be distributed to each community college
18 district, and any remaining appropriated funds for special
19 populations programs with the exception of moneys
20 appropriated as grants for unique special populations
21 initiatives created by the State Board shall be distributed
22 proportionately to each community college district on the
23 basis of each district's share of the State total funded
24 semester credit hours, or equivalent, in
25 remedial/developmental and adult basic education/adult
26 secondary education courses. Each community college
27 district's expenditures of funds from those grants shall be
28 limited to courses and services related to programs for
29 educationally disadvantaged and minority students as
30 specified by the State Board.
31 A workforce preparation grant of $35,000 shall be
32 distributed to each community college district, and any
33 remaining appropriated funds for workforce preparation with
34 the exception of monies appropriated as grants for special
-33- LRB9003212EGfgam02
1 workforce preparation initiatives created by the State Board
2 shall be distributed proportionately to each community
3 college district on the basis of each district's share of the
4 State total funded semester credit hours, or equivalent, in
5 business occupational, technical occupational, and health
6 occupational courses. Each community college district's
7 expenditures of funds from those grants shall be limited to
8 workforce preparation activities and services as specified by
9 the State Board.
10 An advanced technology equipment grant shall be
11 distributed proportionately to each community college
12 district based on each district's share of the State total
13 funded semester credit hours, or equivalent, in business
14 occupational, technical occupational, and health occupational
15 courses. Each community college district's expenditures of
16 funds from those grants shall be limited to procurement of
17 equipment for curricula impacted by technological advances as
18 specified by the State Board.
19 Until January 1, 1999, a retirees health insurance grant
20 shall be distributed proportionately to each community
21 college district or entity created pursuant to Section 3-55
22 based on each district's share of the total number of
23 community college retirees in the State on July 1 of the
24 fiscal year prior to the fiscal year for which the grants are
25 appropriated, as determined by the State Board. Each
26 community college district's expenditures of funds from those
27 grants shall be limited to payment of costs associated with
28 the provision of retirees' health insurance. Beginning
29 January 1, 1999, the retirees health insurance grant shall be
30 limited to community college districts subject to Article VII
31 of this Act. The retirees health insurance grants to
32 community college districts not subject to Article VII for
33 fiscal year 1998-1999 shall be calculated so as to reflect
34 the January 1, 1999 termination date.
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1 A grant shall be provided to the Illinois Occupational
2 Information Coordinating Committee for the purpose of
3 providing the State Board with labor market information by
4 updating the Occupational Information System and HORIZONS
5 Career Information System and by providing labor market
6 information and technical assistance, that grant to be
7 provided in its entirety during the first quarter of the
8 fiscal year.
9 A grant shall be provided to Community College District
10 #540, that district having been formed under the provisions
11 of Section 6-6.1, for the purpose of providing funds for the
12 district to meet operating expenses. The State Board shall
13 certify, prepare, and submit to the State Comptroller during
14 August of the fiscal year a voucher setting forth a one-time
15 payment of any Education Assistance Fund appropriation, and
16 during November, February, and May of the fiscal year a
17 voucher setting forth equal payments of General Revenue Fund
18 appropriations. The Comptroller shall cause a warrant to be
19 drawn for the amount due, payable to Community College
20 District #540, within 15 days following the receipt of each
21 such voucher.
22 The State Board shall distribute such other special
23 grants as may be authorized or appropriated by the General
24 Assembly.
25 Each community college district entitled to State grants
26 under this Section must submit a report of its enrollment to
27 the State Board not later than 30 days following the end of
28 each semester, quarter, or term in a format prescribed by the
29 State Board. These semester credit hours, or equivalent,
30 shall be certified by each district on forms provided by the
31 State Board. Each district's certified semester credit
32 hours, or equivalent, are subject to audit pursuant to
33 Section 3-22.1.
34 The State Board shall certify, prepare, and submit to the
-35- LRB9003212EGfgam02
1 State Comptroller during August, November, February, and May
2 of each fiscal year vouchers setting forth an amount equal to
3 25% of the districts' total grants approved by the State
4 Board for credit hour grants, special populations grants,
5 workforce preparation grants, equalization grants, advanced
6 technology equipment grants, and retirees health insurance
7 grants. The State Board shall prepare and submit to the State
8 Comptroller vouchers for special initiatives grant payments
9 as set forth in the contracts executed pursuant to
10 appropriations received for special initiatives. The
11 Comptroller shall cause his warrants to be drawn for the
12 respective amounts due, payable to each community college
13 district, within 15 days following the receipt of such
14 vouchers. If the amount appropriated for grants is different
15 from the amount provided for such grants under this Act, the
16 grants shall be proportionately reduced or increased
17 accordingly.
18 For the purposes of this Section, "resident student"
19 means a student in a community college district who maintains
20 residency in that district or meets other residency
21 definitions established by the State Board, and who was
22 enrolled either in one of the approved instructional program
23 categories in that district, or in another community college
24 district to which the resident's district is paying tuition
25 under Section 6-2 or with which the resident's district has
26 entered into a cooperative agreement in lieu of such tuition.
27 For the purposes of this Section, a "full-time
28 equivalent" student is equal to 30 semester credit hours.
29 The Illinois Community College Board Contracts and Grants
30 Fund is hereby created in the State Treasury. Items of
31 income to this fund shall include any grants, awards,
32 endowments, or like proceeds, and where appropriate, other
33 funds made available through contracts with governmental,
34 public, and private agencies or persons. The General
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1 Assembly shall from time to time make appropriations payable
2 from such fund for the support, improvement, and expenses of
3 the State Board and Illinois community college districts.
4 (Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281,
5 eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
6 Section 90. The State Mandates Act is amended by adding
7 Section 8.21 as follows:
8 (30 ILCS 805/8.21 new)
9 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
10 and 8 of this Act, no reimbursement by the State is required
11 for the implementation of any mandate created by this
12 amendatory Act of 1997.
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".