Public Act 93-0448
HB2955 Enrolled LRB093 09940 BDD 10191 b
AN ACT concerning State employees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 14a as follows:
(30 ILCS 105/14a) (from Ch. 127, par. 150a)
Sec. 14a. Payments for unused benefits; use of sick
leave.
(a) Upon the death of a State employee, his or her
estate is entitled to receive from the appropriation for
personal services available for payment of his or her
compensation such sum for accrued vacation period, accrued
overtime, and accrued qualifying sick leave as would have
been paid or allowed to such employee had he or she survived
and terminated his or her employment.
The State Comptroller shall draw a warrant or warrants
against the appropriation, upon receipt of a proper death
certificate, payable to decedent's estate, or if no estate is
opened, to the person or persons entitled thereto under
Section 25-1 of the Probate Act of 1975 upon receipt of the
affidavit referred to in that Section, for the sum due.
(b) The Department of Central Management Services shall
prescribe by rule the method of computing the accrued
vacation period and accrued overtime for all employees,
including those not otherwise subject to its jurisdiction,
and for the purposes of this Act the Department of Central
Management Services may require such reports as it deems
necessary. Accrued sick leave shall be computed as provided
in subsection (f).
(c) Unless otherwise provided for in a collective
bargaining agreement entered into under the Illinois
Educational Labor Relations Act, upon the retirement or
resignation of a State employee from State service, his or
her accrued vacation, overtime, and qualifying sick leave
shall be payable to the employee in a single lump sum
payment. However, if the employee returns to employment in
any capacity with the same agency or department within 30
days of the termination of his or her previous State
employment, the employee must, as a condition of his or her
new State employment, repay the lump sum amount within 30
days after his or her new State employment commences. The
amount repaid shall be deposited into the fund from which the
payment was made or the General Revenue Fund, and the accrued
vacation, overtime and sick leave upon which the lump sum
payment was based shall be credited to the account of the
employee in accordance with the rules of the jurisdiction
under which he or she is employed.
(d) Upon the movement of a State employee from a
position subject to the Personnel Code to another State
position not subject to the Personnel Code, or to a position
subject to the Personnel Code from a State position not
subject to the Personnel Code, or upon the movement of a
State employee of an institution or agency subject to the
State Universities Civil Service System from one such
institution or agency to another such institution or agency,
his or her accrued vacation, overtime and sick leave shall be
credited to the employee's account in accordance with the
rules of the jurisdiction to which the State employee moved.
However, if the rules preclude crediting the State employee's
total accrued vacation, overtime or sick leave to his or her
account at the jurisdiction to which he or she is to move,
the nontransferable accrued vacation, overtime, and
qualifying sick leave shall be payable to the employee in a
single lump sum payment by the jurisdiction from which he or
she moved.
(e) Upon the death of a State employee or the
retirement, indeterminate layoff or resignation of a State
employee from State service, the employee's retirement or
disability benefits shall be computed as if the employee had
remained in the State employment at his or her most recent
rate of compensation until his or her accumulated unused
leave for vacation, overtime, sickness and personal business
would have been exhausted. The employing agency shall
certify, in writing to the employee, the unused leaves the
employee has accrued. This certification may be held by the
employee or forwarded to the retirement fund. Employing
agencies not covered by the Personnel Code shall certify, in
writing to the employee, the unused leaves the employee has
accrued.
(f) Accrued sick leave shall be computed by multiplying
1/2 of the number of days of accumulated sick leave by the
daily rate of compensation applicable to the employee at the
time of his or her death, retirement, resignation, or other
termination of service described in this Section.
The payment for qualifying accrued sick leave after the
employee's death, retirement, resignation, or other
termination of service provided by Public Act 83-976 shall be
for sick leave days earned on or after January 1, 1984 and
before January 1, 1998. Sick leave accumulated on or after
January 1, 1998 is not compensable under this Section at the
time of the employee's death, retirement, resignation, or
other termination of service, but may be used to establish
retirement system service credit as provided in the Illinois
Pension Code.
The Department of Central Management Services shall
prescribe by rule the method of computing the accrued sick
leave days for all employees, including those not otherwise
subject to its jurisdiction. Beginning January 1, 1998, sick
leave used by an employee shall be charged against his or her
accumulated sick leave in the following order: first, sick
leave accumulated before January 1, 1984; then sick leave
accumulated on or after January 1, 1998; and finally sick
leave accumulated on or after January 1, 1984 but before
January 1, 1998.
(Source: P.A. 90-65, eff. 7-7-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.