Public Act 094-0109
 		





SB1442 Enrolled
LRB094 10970 RSP 41562 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The State Employees Group Insurance Act of 1971 
is amended  by changing Section 8 as follows:
 



    (5 ILCS 375/8)  (from Ch. 127, par. 528)



    Sec. 8. Eligibility. 

    (a) Each member eligible under the provisions of this Act 
and any rules
and regulations promulgated and adopted hereunder 
by the Director shall
become immediately eligible and covered 
for all benefits available under
the programs.  Members electing 
coverage for eligible dependents shall have
the coverage 
effective immediately, provided that the election is properly

filed in accordance with required filing dates and procedures 
specified by
the Director.


        (1) Every member originally eligible to elect 
    dependent coverage, but not
electing it during the original 
    eligibility period, may subsequently obtain
dependent 
    coverage only in the event of a qualifying change in 
    status, special
enrollment, special circumstance as 
    defined by the Director, or during the
annual Benefit 
    Choice Period.


        (2) Members described above being transferred from 
    previous
coverage towards which the State has been 
    contributing shall be
transferred regardless of 
    preexisting conditions, waiting periods, or
other 
    requirements that might jeopardize claim payments to which 
    they
would otherwise have been entitled.


        (3) Eligible and covered members that are eligible for 
    coverage as
dependents except for the fact of being members 
    shall be transferred to,
and covered under, dependent 
    status regardless of preexisting conditions,
waiting 
    periods, or other requirements that might jeopardize claim 
    payments
to which they would otherwise have been entitled 
    upon cessation of member
status and the election of 
    dependent coverage by a member eligible to elect
that 
    coverage.

    (b) New employees shall be immediately insured for the 
basic group
life insurance and covered by the program of health 
benefits on the first
day of active State service.  Optional 
coverages or benefits, if elected
during the relevant 
eligibility period, will become effective on the date
of 
employment.  Optional coverages or benefits applied for after 
the
eligibility period will be effective, subject to 
satisfactory evidence of
insurability when applicable, or 
other necessary qualifications, pursuant to
the requirements 
of the applicable benefit program, unless there is a change in

status that would confer new eligibility for change of 
enrollment under rules
established supplementing this Act, in 
which event application must be made
within the new eligibility 
period.

    (c) As to the group health benefits program contracted to 
begin or
continue after June 30, 1973, each retired employee 
shall become immediately
eligible and covered for all benefits 
available under that program.  Retired
employees may elect 
coverage for eligible dependents and shall have the
coverage 
effective immediately, provided that the election is properly

filed in accordance with required filing dates and procedures 
specified
by the Director.

    Except as otherwise provided in this Act, where husband and 
wife are
both eligible members, each shall be enrolled as a 
member and coverage on
their eligible dependent children, if 
any, may be under the enrollment and
election of either.

    Regardless of other provisions herein regarding late 
enrollment or other
qualifications, as appropriate, the

Director may periodically authorize open enrollment periods 
for each of the
benefit programs at which time each member may 
elect enrollment or change
of enrollment without regard to age, 
sex, health, or other qualification
under the conditions as may 
be prescribed in rules and regulations
supplementing this Act.  
Special open enrollment periods may be declared by
the Director 
for certain members only when special circumstances occur that

affect only those members.

    (d) Beginning with fiscal year 2003 and for all subsequent 
years, eligible
members may elect not to participate in the 
program of health benefits as
defined in this Act.  The election 
must be made during the annual benefit
choice period, subject 
to the conditions in this subsection.


        (1) Members must furnish proof of health benefit 
    coverage, either
comprehensive major medical coverage or 
    comprehensive managed care plan,
from a source other than 
    the Department of Central Management Services in
order to 
    elect not to participate in the program.


        (2) Members may re-enroll in the Department of Central 
    Management Services
program of health benefits upon 
    showing a qualifying change in status, as
defined in the 
    U.S. Internal Revenue Code, without evidence of 
    insurability
and with no limitations on coverage for 
    pre-existing conditions, provided
that there was not a 
    break in coverage of more than 63 days.


        (3) Members may also re-enroll in the program of health 
    benefits during
any annual benefit choice period, without 
    evidence of insurability.


        (4) Members who elect not to participate in the program 
    of health benefits
shall be furnished a written explanation 
    of the requirements and limitations
for the election not to 
    participate in the program and for re-enrolling in the

    program. The explanation shall also be included in the 
    annual benefit choice
options booklets furnished to 
    members.

    (d-5) Beginning July 1, 2005, the Director may establish a 
program of financial incentives to encourage annuitants 
receiving a retirement annuity from the State Employees 
Retirement System, but who are not eligible for benefits under 
the federal Medicare health insurance program (Title XVIII of 
the Social Security Act, as added by Public Law 89-97) to elect 
not to participate in the program of health benefits provided 
under this Act. The election by an annuitant not to participate 
under this program must be made in accordance with the 
requirements set forth under subsection (d). The financial 
incentives provided to these annuitants under the program may 
not exceed $150 per month for each annuitant electing not to 
participate in the program of health benefits provided under 
this Act.

    (e) Notwithstanding any other provision of this Act or the 
rules adopted
under this Act, if a person participating in the 
program of health benefits as
the dependent spouse of an 
eligible member becomes an annuitant, the person may
elect, at 
the time of becoming an annuitant or during any subsequent 
annual
benefit choice period, to continue participation as a 
dependent rather than
as an eligible member for as long as the 
person continues to be an eligible
dependent.

    An eligible member who has elected to participate as a 
dependent may
re-enroll in the program of health benefits as an 
eligible member (i)
during any subsequent annual benefit choice 
period or (ii) upon showing a
qualifying change in status, as 
defined in the U.S. Internal Revenue Code,
without evidence of 
insurability and with no limitations on coverage for

pre-existing conditions.

    A person who elects to participate in the program of health 
benefits as
a dependent rather than as an eligible member shall 
be furnished a written
explanation of the consequences of 
electing to participate as a dependent and
the conditions and 
procedures for re-enrolling as an eligible member.  The

explanation shall also be included in the annual benefit choice 
options booklet
furnished to members.

(Source: P.A. 92-600, eff. 6-28-02; 93-553, eff. 8-20-03.)


 
    Section 10. The Illinois Pension Code is amended  by adding 
Section 14-108.6 as follows:
 
    (40 ILCS 5/14-108.6  new)
    Sec. 14-108.6. Alternative retirement cancellation 
payment.
    (a) To be eligible for the alternative retirement 
cancellation payment provided in this Section, a person
must:
        (1) be a member of this System who, as of July 1, 2005, 
    was
(i) in active payroll status as an employee in a 
    position listed in subsection (b)  of this Section
and 
    continuously employed in a position listed in subsection 
    (b) on and after January 1, 2005 and (ii) an active 
    contributor to this System with respect to that employment;
        (2) have not previously received any retirement 
    annuity under this Article;
        (3) in the case of persons employed in a position title 
    listed under paragraph (1) of subsection (b), be among the 
    first 500 persons to file with the Board on or before 
    September 30, 2005 a written
application requesting the 
    alternative retirement cancellation payment provided in 
    this Section;
        (4) in the case of persons employed in a position title 
    listed under paragraph (2) of subsection (b), have received 
    written authorization from the director or other head of 
    his or her department and filed that authorization with the 
    system on or before September 1, 2005;
        (5) if there is a QILDRO in effect against the person, 
    file with the Board the written consent of all alternate 
    payees under the QILDRO to the election of an alternative 
    retirement cancellation payment under this Section;
and
        (6) terminate employment under this Article within one 
    month after approval of the person's application 
    requesting the alternative retirement cancellation 
    payment, but in no event later than October  31,
2005.
    (b)(1) Position titles eligible for the alternative 
retirement cancellation payment provided in this Section are:
        911 Analyst III;
 Brickmason;

Account Clerk I and II;
 
    Budget Analyst I and II;

Account Technician I and II;
 
    Budget Operations Director;

Accountant;
 Budget Principal;


    Accountant Advanced;
 Building Services Worker;

Accountant 
    Supervisor;
 Building/Grounds Laborer;

Accounting Fiscal 
    Administrative Career Trainee;
 Building/Grounds Lead 1 and 
    2;

Accounts Payable Processing Analyst;
 Building/Grounds 
    Maintenance Worker;

Accounts Payable Specialist;
 
    Building/Grounds Supervisor;

Accounts Processing Analyst;
 
    Bureau Chief;

Actuarial Assistant;
 Business Administrative 
    Specialist;

Administrative and Technology Director;
 
    Business Analyst I through IV;

Administrative Assistant I 
    through III;
 Business Manager;

Administrative Clerk;
 
    Buyer;

Administrative Coordinator;
 Buyer Assistant;


    Administrator;
 Capital Budget Analyst I and II;


    Administrator of Capital Programs;
 Capital Budget 
    Director;

Administrator of Construction Administration;
 
    Capital Programs Analyst I and II;

Administrator of 
    Contract Administration;
 Capital Programs Technician;


    Administrator of Fair Employment Practices;
 Carpenter;


    Administrator of Fiscal;
 Carpenter Foreman;

Administrator 
    of Information Management;
 Cartographer I through III;


    Administrator of Information Systems;
 Chief - Police;


    Administrator of Personnel;
 Chief Veterans Technician;


    Administrator of Professional Services;
 Circuit 
    Provisioning Specialist;

Administrator of Public Affairs;
 
    Civil Engineer I through IX;

Administrator of 
    Quality-Based Selection;
 Civil Engineer Trainee;


    Administrator of Strategic Planning and Training;
 Clerical 
    Trainee;

Appeals & Orders Coordinator;
 Communications 
    Director;

Appraisal Specialist 1 through 3;
 Community 
    Planner 3;

Assignment Coordinator;
 Commander;

Assistant 
    Art-in-Architecture Coordinator;
 Compliance Specialist;


    Assistant Chief - Police;
 Conservation Education 
    Representative;

Assistant Internal Auditor;
 Conservation 
    Grant Administrator 1 through 3;

Assistant Manager;
 
    Construction Supervisor I and II;

Assistant Personnel 
    Officer;
 Consumer Policy Analyst;

Assistant Professor 
    Scientist;
 Consumer Program Coordinator;

Assistant 
    Reimbursement Officer;
 Contract Executive;

Assistant 
    Steward;
 Coordinator of Administrative Services;

Associate 
    Director for Administrative Services;
 Coordinator of 
    Art-in-Architecture;

Associate Museum Director;
 
    Corrections Clerk I through III;

Associate Professor 
    Scientist;
 Corrections Maintenance Supervisor; Corrections 
    Caseworker Supervisor; Corrections Food Service 
    Supervisor;

Auto Parts Warehouse Specialist;
 Corrections 
    Maintenance Worker;

Auto Parts Warehouser;
 Curator I 
    through III;

Automotive Attendant I and II;
 Data Processing 
    Administrative Specialist;

Automotive Mechanic;
 Data 
    Processing Assistant;

Automotive Shop Supervisor;
 Data 
    Processing Operator;

Baker;
 Data Processing Specialist;


    Barber;
 Data Processing Supervisor 1 through 3;


    Beautician;
 Data Processing Technician;

Brickmason;
 Deputy 
    Chief Counsel;

Director of Licensing;
 Desktop Technician;


    Director of Security;
 Human Resources Officer;

Division 
    Chief;
 Human Resources Representative;

Division Director;
 
    Human Resources Specialist;

Economic Analyst I through IV;
 
    Human Resources Trainee;

Electrical Engineer;
 Human 
    Services Casework Manager;

Electrical Engineer I through 
    V;
 Human Services Grant Coordinator 2 and 3;

Electrical 
    Equipment Installer/Repairer;
 Iconographer;

Electrical 
    Equipment Installer/Repairer Lead Worker;
 Industry and 
    Commercial Development Representative 1 and 2;


    Electrician;
 Industry Services Consultant 1 and 2;


    Electronics Technician;
 Information Services Intern;


    Elevator Operator;
 Information Services Specialist I and 
    II;

Endangered Species Secretary;
 Information Systems 
    Analyst I through III;

Engineering Aide;
 Information 
    Systems Manager;

Engineering Analyst I through IV;
 
    Information Systems Planner;

Engineering Manager I and II;
 
    Institutional Maintenance Worker;

Engineering Technician I 
    through V;
 Instrument Designer;

Environmental Scientist I 
    and II;
 Insurance Analyst I through IV;

Executive I through 
    VI;


Executive Assistant;
 Intermittent Clerk;

Executive 
    Assistant I through IV;
 Intermittent Laborer Maintenance;


    Executive Secretary 1 through 3;
 Intern;

Federal Funding 
    and Public Safety Director;
 Internal Auditor 1;

Financial & 
    Budget Assistant;
 Internal Communications Officer;


    Financial & Budget Supervisor;
 International Marketing 
    Representative 1;

Financial Management Director;
 IT 
    Manager;

Fiscal Executive;
 Janitor I and II;

Fiscal 
    Officer;
 Junior State Veterinarian;

Gas Engineer I through 
    IV;
 Junior Supervisor Scientist;

General Counsel and 
    Regulatory Director;
 Laboratory Manager II;

General 
    Services Administrator I;
 Labor Maintenance Lead Worker;


    General Services Technician;
 Laborer;

Geographic 
    Information Specialist 1 and 2;
 Laborer (Building);


    Geologist I through IV;
 Laborer (Maintenance);

Graphic 
    Arts Design Supervisor;
 Landscape Architect;

Graphic Arts 
    Designer;
 Landscape Architect I through IV;

Graphic Arts 
    Technician;
 Landscape Planner;

Grounds Supervisor;
 Laundry 
    Manager I;

Highway Construction Supervisor I;
 Legislative 
    Liaison I and II;

Historical Research Editor 2;
 Liability 
    Claims Adjuster 1 and 2;

Historical Research Specialist;
 
    Librarian 1 and 2;

Horse Custodian;
 Library Aide I through 
    III;

Horse Identifier;
 Library Associate;

Hourly 
    Assistant;
 Library Technical Assistant;

Human Resource 
    Coordinator;
 Licensing Assistant;

Human Resources Analyst;
 
    Line Technician I through II;

Human Resources Assistant;
 
    Local History Service Representative;

Human Resources 
    Associate;
 Local Housing Advisor 2 and 3;

Human Resources 
    Manager;
 Local Revenue and Fiscal Advisor 3;

Machinist;
 
    Locksmith;

Maintenance Equipment Operator;
 Operations 
    Communications Specialist Trainee;

Maintenance Worker;
 
    Operations Technician;

Maintenance Worker Power Plant;
 
    Painter;

Management Information Technician;
 Paralegal 
    Assistant;

Management Operations Analyst 1 and 2;
 
    Performance Management Analyst;

Management Secretary I;
 
    Personnel Manager;

Management Systems Specialist;
 
    Photogrammetrist I through IV;

Management Technician I 
    through IV;
 Physician;

Manager;
 Physician Specialist 
    Operations A through D;

Manpower Planner 1 through 3;
 
    Planning Director;

Medical Administrator III and V;
 Plant 
    Maintenance Engineer 1 and 2;

Methods & Processes Advisor 
    1, 2 and III;
 Plumber;

Methods & Processes Career Associate 
    1 and 2;
 Policy Advisor;

Microfilm Operator I through III;
 
    Policy Analyst I through IV;

Military Administrative 
    Assistant I;
 Power Shovel Operator (Maintenance);

Military 
    Administrative Clerk;
 Principal Economist;

Military 
    Administrative Officer-Legal;
 Principal Scientist;


    Military Administrative Specialist;
 Private Secretary 1 
    and 2;

Military Community Relations Specialist;
 Private 
    Secretary I and II;

Military Cooperative Agreement 
    Specialist;
 Procurement Representative;

Military Crash, 
    Fire, Rescue I through III;
 Professor & Scientist;

Military 
    Energy Manager;
 Program Manager;

Military Engineer 
    Technician;
 Program Specialist;

Military Environmental 
    Specialist I through III;
 Project Coordinator;

Military 
    Facilities Engineer;
 Project Designer;

Military Facilities 
    Officer I;
 Project Manager I through III;

Military 
    Maintenance Engineer;
 Project Manager;

Military Museum 
    Director;
 Project Manager/Technical Specialist I thru III;


    Military Program Supervisor;
 Project Specialist I through 
    IV;

Military Property Custodian II;
 Projects Director;


    Military Real Property Clerk;
 Property & Supply Clerk I 
    through III;

Motorist Assistance Specialist;
 Property 
    Control Officer;

Museum Director;
 Public Administration 
    Intern;

Museum Security Head I through III;
 Public 
    Information Coordinator;

Museum Technician I through III;
 
    Public Information Officer;

Network Control Center 
    Specialist;
 Public Information Officer 2 through 4;


    Network Control Center Technician 2;
 Public Service 
    Administrator;

Network Engineer I through IV;
 Race Track 
    Maintenance 1 and 2;

Office Administration Specialist;
 
    Radio Technician Program Coordinator;

Office Administrator 
    1 through 5;
 Realty Specialist I through V;

Office Aide;
 
    Receptionist;

Office Assistant;
 Regional Manager;

Office 
    Associate;
 Regulatory Accountant IV;

Office Clerk;
 
    Reimbursement Officer 1 and 2;

Office Coordinator;
 
    Representative I and II;

Office Manager;
 Representative 
    Trainee;

Office Occupations Trainee;
 School Construction 
    Manager;

Office Specialist;
 Secretary I and IV;

Operations 
    Communications Specialist I and II;
 Security Guard;

Senior 
    Economic Analyst;
 Security Supervisor; Senior Editor;
 
    Systems Developer I through IV;

Senior Electrical 
    Engineer;
 Systems Developer Trainee;

Senior Financial & 
    Budget Assistant;
 Systems Engineer I through IV;

Senior Gas 
    Engineer;
 Systems Engineer Trainee;

Senior Policy Analyst;
 
    Tariff & Order Coordinator;

Senior Programs Analyst;
 
    Tariff Administrator III;

Senior Project Consultant;
 
    Tariff Analyst IV;

Senior Project Manager;
 Teacher of 
    Barbering;

Senior Public Information Officer;
 Teacher of 
    Beauty Culture;

Senior Public Service Administrator;
 
    Technical Advisor 2 and 3;

Senior Rate Analyst;
 Technical 
    Advisor I through VII;

Senior Technical Assistant;
 
    Technical Analyst; Technical Manager I through IX;

Senior 
    Technical Supervisor;
 Technical Assistant;

Senior 
    Technology Specialist;
 Technical Manager 1;

Senior 
    Transportation Industry Analyst;
 Technical Manager I 
    through X;

Sewage Plant Operator;
 Technical Specialist;


    Sign Hanger;
 Technical Support Specialist;

Sign Hanger 
    Foreman;
 Technical Specialist I thru III;

Sign Painter;
 
    Technician Trainee;

Sign Shop Foreman;
 Telecom Systems 
    Analyst;

Silk Screen Operator;
 Telecom Systems Consultant;


    Senior Administrative Assistant;
 Telecom Systems 
    Technician 1 and 2;

Site Superintendent;
 Telecommunication 
    Supervisor;

Software Architect;
 Tinsmith;

Special 
    Assistant;
 Trades Tender;

Special Assistant to the 
    Executive Director;
 Training Coordinator;

Staff 
    Development Specialist I;
 Transportation Counsel;

Staff 
    Development Technician II;
 Transportation Industry Analyst 
    III;

State Police Captain;
 Transportation Industry 
    Customer Service;

State Police Lieutenant;
 Transportation 
    Officer;

State Police Major;
 Transportation Policy Analyst 
    III and IV;

State Police Master Sergeant;
 Urban Planner I 
    through VI;

Stationary Engineer;
 Utility Engineer I and II;


    Stationary Engineer Assistant Chief;
 Veteran Secretary;


    Stationary Engineer Chief;
 Veteran Technician;

Stationary 
    Fireman;
 Water Engineer I through IV;

Statistical Research 
    Specialist 1 through 3;
 Water Plant Operator;

Statistical 
    Research Supervisor;
 Web and Publications Manager;


    Statistical Research Technician;


Steamfitter;


Steward;



    Steward Secretary;


Storekeeper I through III;


Stores 
    Clerk;


Student Intern;


Student Worker;


Supervisor;



    Supervisor & Assistant Scientist;


Supervisor & Associate 
    Scientist;


Switchboard Operator 1 through 3; 
    Administrative Assistant to the Superintendent; Assistant 
    Legal Advisor; Legal Assistant; Senior Human Resources 
    Specialist; Principal Internal Auditor; Division 
    Administrator; Division Supervisor; and Private Secretary 
    I through III.
        (2) In addition, any position titles with the Speaker 
    of the House of Representatives, the Minority Leader of the 
    House of Representatives, the President of the Senate, the 
    Minority Leader of the Senate, the Attorney General, the 
    Secretary of State, the Comptroller, the Treasurer, the 
    Auditor General, the Supreme Court, the Court of Claims, 
    and each legislative agency are eligible for the 
    alternative retirement cancellation payment provided in 
    this Section.
    (c) In lieu of any retirement annuity or other benefit 
provided under this Article, a person who qualifies for and 
elects to receive the alternative retirement cancellation 
payment under this Section shall be entitled to receive a 
one-time lump sum retirement cancellation payment equal to the 
amount of his or her contributions to the System (including any 
employee contributions for optional service credit and 
including any employee contributions paid by the employer or 
credited to the employee during disability) as of the date of 
termination, with regular interest, multiplied by 2.

    (d) Notwithstanding any other provision of this Article, a 
person who receives an alternative retirement cancellation 
payment under this Section thereby forfeits the right to any 
other retirement or disability benefit or refund under this 
Article, and no widow's, survivor's, or death benefit deriving 
from that person shall be payable under this Article. Upon 
accepting an alternative retirement cancellation payment under 
this Section, the person's creditable service and all other 
rights in the System are terminated for all purposes, except 
for the purpose of determining State group life and health 
benefits for the person and his or her survivors as provided 
under the State Employees Group Insurance Act of 1971.
    (e)  To the extent permitted by federal law, a person who 
receives an alternative retirement cancellation payment under 
this Section may direct the System to pay all or a portion of 
that payment as a rollover into another retirement plan or 
account qualified under the Internal Revenue Code of 1986, as 
amended.
    (f) Notwithstanding Section 14-111, a person who has 
received an alternative retirement cancellation payment under 
this Section and who reenters
service under this Article other 
than as a temporary employee must repay to the System the 
amount by which that alternative retirement cancellation 
payment exceeded the amount of his or her refundable employee 
contributions within 60 days of resuming employment under this 
System.  For the purposes of  re-establishing creditable  service 
that was terminated upon election of the alternative retirement 
cancellation payment,  the portion  of the alternative 
retirement cancellation payment representing refundable 
employee contributions shall be deemed a refund repayable in 
accordance with Section 14-130.
    (g) The Commission on Government Forecasting and 
Accountability shall determine
and report to the Governor and 
the General
Assembly, on or before January 1, 2007, its 
estimate of (1) the annual amount of payroll savings likely to 
be
realized by the State as a result of the early termination 
of persons receiving
the alternative retirement cancellation 
payment under this Section and (2) the net annual savings
or 
cost to the State from the program of alternative retirement 
cancellation payments under this Section.
    The System, the Department of Central Management Services, 
the
Governor's Office of Management and Budget, and all other 
departments shall provide to the Commission any
assistance that 
the Commission may request with respect to its report under

this Section.  The Commission may require departments to provide 
it with any
information that it deems necessary or useful with 
respect to its reports under
this Section, including without 
limitation information about (1) the final
earnings of former 
department employees who elected to receive alternative 
retirement cancellation payments under
this Section, (2) the 
earnings of current department employees holding the
positions 
vacated by persons who elected to receive alternative 
retirement cancellation payments under this
Section, and (3) 
positions vacated by persons who elected to receive alternative 
retirement cancellation payments
under this Section that have 
not yet been refilled.

 
    Section 99. Effective date. This Act takes effect July 1, 
2005.



Effective Date:  7/1/2005