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| Public Act 094-0109 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Employees Group Insurance Act of 1971 | ||||
is amended by changing Section 8 as follows:
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(5 ILCS 375/8) (from Ch. 127, par. 528)
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Sec. 8. Eligibility.
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(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
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filed in accordance with required filing dates and procedures | ||||
specified by
the Director.
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(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.
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(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.
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(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.
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(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
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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.
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(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
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filed in accordance with required filing dates and procedures | ||
specified
by the Director.
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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.
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Regardless of other provisions herein regarding late | ||
enrollment or other
qualifications, as appropriate, the
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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
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affect only those members.
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(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.
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(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.
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(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.
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(3) Members may also re-enroll in the program of health | ||
benefits during
any annual benefit choice period, without | ||
evidence of insurability.
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(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
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program. The explanation shall also be included in the | ||
annual benefit choice
options booklets furnished to | ||
members.
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(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.
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(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.
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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
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pre-existing conditions.
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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
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explanation shall also be included in the annual benefit choice | ||
options booklet
furnished to members.
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(Source: P.A. 92-600, eff. 6-28-02; 93-553, eff. 8-20-03.)
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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;
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Budget Analyst I and II;
Account Technician I and II;
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Budget Operations Director;
Accountant;
Budget Principal;
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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;
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Building/Grounds Supervisor;
Accounts Processing Analyst;
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Bureau Chief;
Actuarial Assistant;
Business Administrative | ||
Specialist;
Administrative and Technology Director;
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Business Analyst I through IV;
Administrative Assistant I | ||
through III;
Business Manager;
Administrative Clerk;
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Buyer;
Administrative Coordinator;
Buyer Assistant;
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Administrator;
Capital Budget Analyst I and II;
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Administrator of Capital Programs;
Capital Budget | ||
Director;
Administrator of Construction Administration;
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Capital Programs Analyst I and II;
Administrator of | ||
Contract Administration;
Capital Programs Technician;
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Administrator of Fair Employment Practices;
Carpenter;
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Administrator of Fiscal;
Carpenter Foreman;
Administrator | ||
of Information Management;
Cartographer I through III;
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Administrator of Information Systems;
Chief - Police;
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Administrator of Personnel;
Chief Veterans Technician;
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Administrator of Professional Services;
Circuit | ||
Provisioning Specialist;
Administrator of Public Affairs;
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Civil Engineer I through IX;
Administrator of | ||
Quality-Based Selection;
Civil Engineer Trainee;
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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;
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Assistant Chief - Police;
Conservation Education | ||
Representative;
Assistant Internal Auditor;
Conservation | ||
Grant Administrator 1 through 3;
Assistant Manager;
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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;
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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;
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Barber;
Data Processing Supervisor 1 through 3;
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Beautician;
Data Processing Technician;
Brickmason;
Deputy | ||
Chief Counsel;
Director of Licensing;
Desktop Technician;
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Director of Security;
Human Resources Officer;
Division | ||
Chief;
Human Resources Representative;
Division Director;
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Human Resources Specialist;
Economic Analyst I through IV;
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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;
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Electrician;
Industry Services Consultant 1 and 2;
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Electronics Technician;
Information Services Intern;
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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;
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Information Systems Planner;
Engineering Manager I and II;
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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;
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Executive Secretary 1 through 3;
Intern;
Federal Funding | ||
and Public Safety Director;
Internal Auditor 1;
Financial & | ||
Budget Assistant;
Internal Communications Officer;
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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;
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General Services Technician;
Laborer;
Geographic | ||
Information Specialist 1 and 2;
Laborer (Building);
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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;
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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;
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Line Technician I through II;
Human Resources Assistant;
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Local History Service Representative;
Human Resources | ||
Associate;
Local Housing Advisor 2 and 3;
Human Resources | ||
Manager;
Local Revenue and Fiscal Advisor 3;
Machinist;
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Locksmith;
Maintenance Equipment Operator;
Operations | ||
Communications Specialist Trainee;
Maintenance Worker;
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Operations Technician;
Maintenance Worker Power Plant;
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Painter;
Management Information Technician;
Paralegal | ||
Assistant;
Management Operations Analyst 1 and 2;
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Performance Management Analyst;
Management Secretary I;
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Personnel Manager;
Management Systems Specialist;
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Photogrammetrist I through IV;
Management Technician I | ||
through IV;
Physician;
Manager;
Physician Specialist | ||
Operations A through D;
Manpower Planner 1 through 3;
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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;
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Policy Analyst I through IV;
Military Administrative | ||
Assistant I;
Power Shovel Operator (Maintenance);
Military | ||
Administrative Clerk;
Principal Economist;
Military | ||
Administrative Officer-Legal;
Principal Scientist;
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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;
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Military Program Supervisor;
Project Specialist I through | ||
IV;
Military Property Custodian II;
Projects Director;
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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;
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Public Information Officer;
Network Control Center | ||
Specialist;
Public Information Officer 2 through 4;
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Network Control Center Technician 2;
Public Service | ||
Administrator;
Network Engineer I through IV;
Race Track | ||
Maintenance 1 and 2;
Office Administration Specialist;
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Radio Technician Program Coordinator;
Office Administrator | ||
1 through 5;
Realty Specialist I through V;
Office Aide;
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Receptionist;
Office Assistant;
Regional Manager;
Office | ||
Associate;
Regulatory Accountant IV;
Office Clerk;
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Reimbursement Officer 1 and 2;
Office Coordinator;
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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;
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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;
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Tariff & Order Coordinator;
Senior Programs Analyst;
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Tariff Administrator III;
Senior Project Consultant;
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Tariff Analyst IV;
Senior Project Manager;
Teacher of | ||
Barbering;
Senior Public Information Officer;
Teacher of | ||
Beauty Culture;
Senior Public Service Administrator;
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Technical Advisor 2 and 3;
Senior Rate Analyst;
Technical | ||
Advisor I through VII;
Senior Technical Assistant;
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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;
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Sign Hanger;
Technical Support Specialist;
Sign Hanger | ||
Foreman;
Technical Specialist I thru III;
Sign Painter;
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Technician Trainee;
Sign Shop Foreman;
Telecom Systems | ||
Analyst;
Silk Screen Operator;
Telecom Systems Consultant;
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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;
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Stationary Engineer Assistant Chief;
Veteran Secretary;
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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;
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Statistical Research Technician;
Steamfitter;
Steward;
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Steward Secretary;
Storekeeper I through III;
Stores | ||
Clerk;
Student Intern;
Student Worker;
Supervisor;
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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.
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(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. | ||