|
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. |