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Illinois Compiled Statutes
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HIGHER EDUCATION (110 ILCS 70/) State Universities Civil Service Act. 110 ILCS 70/0.01
(110 ILCS 70/0.01) (from Ch. 24 1/2, par. 38b.01)
Sec. 0.01.
Short title.
This Act may be cited as the
State Universities Civil Service Act.
(Source: P.A. 86-1324.)
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110 ILCS 70/36b
(110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
Sec. 36b. Creation.
(1) A classified civil service system to be known
as the State Universities Civil Service System is hereby created, and is
hereinafter referred to as the University System.
(2) The purpose of the University System is to establish a sound
program of personnel administration for the Illinois Community College
Board, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, the University of
Illinois, the State Universities Civil
Service System, the State Universities Retirement System, the State
Scholarship Commission, and the Board of Higher Education. All
certificates, appointments and promotions to positions in these agencies
and institutions shall be made solely on the basis of merit and fitness,
to be ascertained by examination, except as specified in Section 36e.
(3) The University System hereby created
shall be a separate entity of the State of Illinois and shall be under
the control of a Board to be known as the University Civil Service Merit
Board, and is hereinafter referred to as the Merit Board.
(Source: P.A. 100-615, eff. 1-1-19 .)
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110 ILCS 70/36c
(110 ILCS 70/36c) (from Ch. 24 1/2, par. 38b2)
Sec. 36c. The Merit Board. The Merit Board shall be composed of 11 members, 3
of whom shall be members of the Board of Trustees of the University of
Illinois, one of whom shall be a member of the Board of Trustees of Southern
Illinois University, one of whom shall be a member of the Board of Trustees
of Chicago State University, one of whom shall be a member of the Board of
Trustees of Eastern Illinois University, one of whom shall be a member of the
Board of Trustees of Governors State University, one of whom shall be a member
of the Board of Trustees of Illinois State University, one of whom shall be a
member of the Board of Trustees of Northeastern Illinois University, one of
whom shall be a member of the Board of Trustees of Northern Illinois
University, and one of whom shall be a member of the Board of Trustees of
Western Illinois University. The members of the Merit Board
shall be elected by the respective Boards in which they hold membership and
they shall serve at the pleasure of the electing Boards.
All members of the Merit Board shall serve without compensation but
shall be reimbursed for any traveling expenses incurred in attending
meetings of the Merit Board.
The Merit Board shall determine the number necessary for a quorum, elect
its own chairperson and set up an Executive Committee of its own members which
shall have all of the powers of the Merit Board except as limited by the
Merit Board.
The Merit Board shall cause to be elected a committee of not less than
eleven members to be made up of Civil Service Employees, six of whom shall
be nominated by and from the Civil Service Employees of the University of
Illinois and one of whom shall be nominated by and from the Civil Service
Employees of each of the other institutions specified in Section 36e, who
will function in an advisory capacity to the Merit Board on all matters
pertaining to the University System. This Advisory Committee shall meet at
least quarterly and members of the Committee shall be reimbursed by their
respective employers for time lost from work and for expenses incurred in
attending meetings of the Committee.
(Source: P.A. 100-615, eff. 1-1-19 .)
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110 ILCS 70/36d
(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
Sec. 36d. Powers and duties of the Merit Board. The Merit Board shall have the power and duty:
(1) To approve a classification plan prepared under | | its direction, assigning to each class positions of substantially similar duties. The Merit Board shall have power to delegate to its Executive Director the duty of assigning each position in the classified service to the appropriate class in the classification plan approved by the Merit Board.
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(2) To prescribe the duties of each class of
| | positions and the qualifications required by employment in that class.
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(3) To prescribe the range of compensation for each
| | class or to fix a single rate of compensation for employees in a particular class; and to establish other conditions of employment which an employer and employee representatives have agreed upon as fair and equitable. The Merit Board shall direct the payment of the "prevailing rate of wages" in those classifications in which, on January 1, 1952, any employer is paying such prevailing rate and in such other classes as the Merit Board may thereafter determine. "Prevailing rate of wages" as used herein shall be the wages paid generally in the locality in which the work is being performed to employees engaged in work of a similar character. Each employer covered by the University System shall be authorized to negotiate with representatives of employees to determine appropriate ranges or rates of compensation or other conditions of employment and may recommend to the Merit Board for establishment the rates or ranges or other conditions of employment which the employer and employee representatives have agreed upon as fair and equitable. Any rates or ranges established prior to January 1, 1952, and hereafter, shall not be changed except in accordance with the procedures herein provided.
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(4) To establish minimum requirements to the
| | institutions and agencies specified in Section 36e standards for hours of work, holidays, sick leave, overtime compensation and vacation for the purpose of improving conditions of employment covered therein and for the purpose of insuring conformity with the prevailing rate principal.
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(5) To prescribe standards of examination for each
| | class, the examinations to be related to the duties of such class. The Merit Board shall have power to delegate to the Executive Director and his or her staff the preparation, conduct and grading of examinations.
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(6) To authorize the continuous recruitment of
| | personnel and to that end, to delegate to the Executive Director and his or her staff the power and the duty to conduct open and continuous competitive examinations for all classifications of employment.
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(7) To cause to be established, from the results of
| | examinations, registers for each class of positions in the classified service of the University System of the persons who shall attain the minimum mark fixed by the Merit Board for the examination; and such persons shall take rank upon the registers as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination.
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(8) To provide by its rules for promotions in the
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(8.5) To issue subpoenas to secure the attendance and
| | testimony of witnesses and the production of books and papers in the course of any investigation or hearing conducted pursuant to the Act.
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| (9) (Blank).
(10) To provide by its rules for employment at
| | regular rates of compensation of persons with physical disabilities in positions in which the disability does not prevent the individual from furnishing satisfactory service.
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(11) To make and publish rules to carry out the
| | purpose of the University System and for examination, appointments, transfers and removals and for maintaining and keeping records of the efficiency of officers and employees and groups of officers and employees in accordance with the provisions of Sections 36b to 36q, inclusive, and said Merit Board may from time to time make changes in such rules.
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(12) To appoint an Executive Director who shall
| | appoint staff to help as may be necessary efficiently to administer Sections 36b to 36q, inclusive. To authorize the Executive Director to accept the appointment of each Designated Employer Representative appointed by the institutions and agencies specified in Section 36e. A Designated Employer Representative may be authorized to give examinations and to certify names from the regional registers provided in Section 36k. The enumeration of specific duties and powers that the Merit Board may delegate to the Executive Director in this Section does not preclude the Merit Board from delegating other duties and powers to the Executive Director.
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(13) To submit to the Governor of this state on or
| | before November 1 of each year prior to the regular session of the General Assembly a report of the University System's business and an estimate of the amount of appropriation from state funds required for the purpose of administering the University System.
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(14) To authorize the creation and use of pilot
| | programs to further the goals of the Act, which may be inconsistent with any rules adopted by the Merit Board, provided that such programs are of limited duration and do not reduce any rights or benefits of employees subject to this Act.
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| (Source: P.A. 102-1075, eff. 6-10-22.)
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110 ILCS 70/36e (110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4) Sec. 36e. Coverage. All employees of the Illinois Community College Board, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the University of Illinois, the University System, the State Universities Retirement System, the Illinois Student Assistance Commission, and the Board of Higher Education shall be covered by the University System described in Sections 36b to 36q, inclusive, of this Act, except the following persons: (1) The members and officers of the Merit Board and | | the board of trustees, and the commissioners of the institutions and agencies covered hereunder;
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| (2) The presidents and vice-presidents of each
| | educational institution and the executive director, directors, deputy directors, managing directors, chiefs, and attorneys of each higher education agency;
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| (3) Other principal administrative employees of each
| | institution and agency as determined by the Merit Board;
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| (4) The teaching, research and extension faculties of
| | each institution and agency;
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| (5) Students employed under rules prescribed by the
| | Merit Board, without examination or certification.
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| (Source: P.A. 103-940, eff. 8-9-24.)
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110 ILCS 70/36f
(110 ILCS 70/36f) (from Ch. 24 1/2, par. 38b5)
Sec. 36f. Examinations. (a) All examinations given under the University System shall be open to
all applicants who are citizens of or residents in the State of Illinois
and who can qualify by training and experience for the position for
which application is made. In examinations for technical positions for
which no qualified residents of this State are available the residence
requirement may be waived. In examinations for law enforcement personnel, the residence requirement shall be waived. (b) Examinations may be written; oral; by statement of training and experience; in the form of tests of knowledge, skill, capacity, intellect, or aptitude; or by any other method which, in the judgment of the Merit Board, is reasonable and practical for any particular classification. The examinations shall be practical and shall
relate to the classification for which the examination is given. No
question in any examination shall relate to political or religious
affiliation or racial origins of the examinee.
(c) Different examining procedures may be determined for the examinations in different classifications, but all examinations in the same classification must be uniform. The examination requirement for the initial appointment, entry level position only, of law enforcement personnel may be waived if an applicant has satisfied all the requirements established by the Illinois Police Training Act for appointment of law enforcement officers and if the Merit Board allows for such a waiver by rule. Additional positions, entry level only, may have the examination requirement waived if the occupational standards are regulated by the Department of Financial and Professional Regulation, as designated by the Merit Board and provided for in adopted rules. (Source: P.A. 103-287, eff. 1-1-24 .)
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110 ILCS 70/36g (110 ILCS 70/36g) (from Ch. 24 1/2, par. 38b6) (Text of Section before amendment by P.A. 103-746 ) Sec. 36g. Appropriate preference in entrance
examinations to qualified persons who have been members of the armed forces
of the United States or to qualified persons who, while citizens of the
United States, were members of the armed forces of allies of the United
States in time of hostilities with a foreign country, and to certain other
persons as set forth in this Section. (a) As used in this Section: (1) "Time of hostilities with a foreign country" | | means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order.
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| (2) "Armed forces of the United States" means the
| | United States Army, Navy, Air Force, Marine Corps, Coast Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95-202 shall also be considered service in the Armed Forces of the United States for purposes of this Section.
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| (b) The preference granted under this Section shall be in the form of
points added to the final grades of the persons if they otherwise qualify
and are entitled to appear on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points if the veteran
currently holds proof of a service connected disability from the United
States Department of Veterans Affairs or an allied country or if the
veteran is a recipient of the Purple Heart.
(d) A veteran who has served during a time of hostilities with a
foreign country is qualified for a preference of 5 points if the
veteran served under one or more of the following conditions:
(1) The veteran served a total of at least 6 months,
| | (2) The veteran served for the duration of
| | hostilities regardless of the length of engagement, or
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| (3) The veteran was discharged on the basis of
| | (4) The veteran was released from active duty because
| | of a service connected disability and was discharged under honorable conditions.
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| (e) A person not eligible for a preference under subsection (c) or (d) is
qualified for a preference of 3 points if the person has served
in the
armed forces of the United States, the Illinois National Guard,
or any reserve component of the armed forces of the United States and the
person: (1) served for at least 6 months and has been discharged under
honorable conditions or (2) has been discharged on the ground of hardship
or (3) was released from active duty because of a service connected
disability. An active member of the National Guard or a reserve component
of the armed forces of the United States is eligible for the preference if
the member meets the service requirements of this subsection (e).
(f) The rank order of persons entitled to a preference on eligible
lists shall be determined on the basis of their augmented ratings. When the Executive
Director establishes eligible lists on the basis of category ratings such
as "superior", "excellent", "well-qualified", and "qualified", the veteran
eligibles in each such category shall be preferred for appointment before
the non-veteran eligibles in the same category.
(g) Employees in positions covered by this Act who, while in good
standing, leave to engage in military service during a period of
hostility shall be given credit for seniority purposes for time served
in the armed forces.
(h) A surviving unremarried spouse of a veteran who suffered a
service connected death or the spouse of a veteran who suffered a service
connected disability that prevents the veteran from qualifying for civil
service employment shall be entitled to the same preference to which the
veteran would have been entitled under this Section.
(i) A preference shall also be given to the following individuals:
10 points for one parent of an unmarried veteran who suffered a service
connected death or a service connected disability that prevents the veteran
from qualifying for civil service employment. The first parent to receive a
civil service appointment shall be the parent entitled to the preference.
(Source: P.A. 100-615, eff. 1-1-19 .)
(Text of Section after amendment by P.A. 103-746 )
Sec. 36g. Appropriate preference in entrance examinations to qualified persons who have been members of the armed forces of the United States or to qualified persons who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and to certain other persons as set forth in this Section.
(a) As used in this Section:
(1) "Time of hostilities with a foreign country"
| | means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expeditionary medal or other campaign service medals are awarded according to Presidential executive order.
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| (2) "Armed forces of the United States" means the
| | United States Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard. Service in the Merchant Marine that constitutes active duty under Section 401 of federal Public Law 95-202 shall also be considered service in the Armed Forces of the United States for purposes of this Section.
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| (b) The preference granted under this Section shall be in the form of points added to the final grades of the persons if they otherwise qualify and are entitled to appear on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points if the veteran currently holds proof of a service connected disability from the United States Department of Veterans Affairs or an allied country or if the veteran is a recipient of the Purple Heart.
(d) A veteran who has served during a time of hostilities with a foreign country is qualified for a preference of 5 points if the veteran served under one or more of the following conditions:
(1) The veteran served a total of at least 6 months,
| | (2) The veteran served for the duration of
| | hostilities regardless of the length of engagement, or
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| (3) The veteran was discharged on the basis of
| | (4) The veteran was released from active duty because
| | of a service connected disability and was discharged under honorable conditions.
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| (e) A person not eligible for a preference under subsection (c) or (d) is qualified for a preference of 3 points if the person has served in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States and the person: (1) served for at least 6 months and has been discharged under honorable conditions or (2) has been discharged on the ground of hardship or (3) was released from active duty because of a service connected disability. An active member of the National Guard or a reserve component of the armed forces of the United States is eligible for the preference if the member meets the service requirements of this subsection (e).
(f) The rank order of persons entitled to a preference on eligible lists shall be determined on the basis of their augmented ratings. When the Executive Director establishes eligible lists on the basis of category ratings such as "superior", "excellent", "well-qualified", and "qualified", the veteran eligibles in each such category shall be preferred for appointment before the non-veteran eligibles in the same category.
(g) Employees in positions covered by this Act who, while in good standing, leave to engage in military service during a period of hostility shall be given credit for seniority purposes for time served in the armed forces.
(h) A surviving unremarried spouse of a veteran who suffered a service connected death or the spouse of a veteran who suffered a service connected disability that prevents the veteran from qualifying for civil service employment shall be entitled to the same preference to which the veteran would have been entitled under this Section.
(i) A preference shall also be given to the following individuals: 10 points for one parent of an unmarried veteran who suffered a service connected death or a service connected disability that prevents the veteran from qualifying for civil service employment. The first parent to receive a civil service appointment shall be the parent entitled to the preference.
(Source: P.A. 103-746, eff. 1-1-25.)
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110 ILCS 70/36g-1
(110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
Sec. 36g-1. Active military service. Any employee of any institution or agency subject to this Act who is a member of any reserve component
of the United States Armed Services, including the Illinois National Guard,
and who is mobilized to active military duty as
a result of an order of the President of the United States shall, for each
pay period beginning on or after the date of that mobilization, continue to receive the
same regular compensation that he or she receives or was receiving as an employee
of that educational institution or agency at the time he or she is or was so mobilized to
active military duty, plus any health insurance and other benefits he or she is
or was receiving or accruing at that time, minus the amount of his or her base pay
for military service, and shall be given credit for seniority purposes for the duration of his or her active military service.
In the event any provision of a collective bargaining agreement or any
policy of the educational institution covering any employee so ordered to
active duty is more generous than the provisions contained in this Section,
that collective bargaining agreement or policy shall be controlling.
(Source: P.A. 100-615, eff. 1-1-19 .)
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110 ILCS 70/36h
(110 ILCS 70/36h) (from Ch. 24 1/2, par. 38b7)
Sec. 36h. Appointment. (1) Whenever an employer covered by the University
System has a position which needs to be filled, this employer shall certify the names and addresses of the persons with the 3 highest scores on
the register for the classification to which the position is assigned. The
employer shall select one of these persons certified for the position. If less than
3 scores appear on the appropriate register, the employer shall certify
the names and addresses of all persons on the register.
(2) All appointments shall be for a probationary period of no less than 6
months and no longer than 12 months for each class of positions in the
classification plan, the length of the probationary period for each class
having been determined by the Executive Director, except that persons first appointed
to any police department of any university or college subject to this Act shall be on
probation for one year. The service during the probationary period shall be
deemed to be a part of the examination. During the probationary period, the
employee may be dismissed if the employer determines that the employee has
failed to demonstrate the ability and the qualifications necessary to
furnish satisfactory service. The employer shall maintain all records of dismissal. If an employee is not so dismissed during his or her
probationary period, his or her appointment shall be deemed complete at the end of the period.
(3) No person shall be appointed to any police
department of any university or college covered by the University
System unless he or she possesses a high school diploma or an equivalent
high school education and unless he or she is a person of good character and
is not a person who has been convicted of a felony or a crime involving
moral turpitude.
(Source: P.A. 102-1075, eff. 6-10-22.)
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110 ILCS 70/36i
(110 ILCS 70/36i) (from Ch. 24 1/2, par. 38b8)
Sec. 36i.
Seniority.
After the completion of the probationary period, the employee's
seniority shall date from the day of original employment. Employees
seniority shall be by institution or campus at which he is employed, unless
a lesser unit shall be determined by the Merit Board in an agreement with
the employees involved. Whenever it is necessary to reduce the number of
employees those with the least seniority shall first be laid off, and their
names placed on a reemployment register which shall take precedence over
any other register. Reemployment shall be made in the order required to
preserve the seniority rights.
(Source: Laws 1951, p. 1289.)
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110 ILCS 70/36j
(110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9)
Sec. 36j. Promotions. (a) The Merit Board shall by rules provide for promotions on the basis of
ability and experience and seniority in service and examination and to
provide in all cases where it is practicable that vacancies will be filled
by promotion. For the purpose of this Section, an advancement in class shall constitute a promotion. (b) The Merit Board shall by rule fix lines of promotion from
such several offices and places to superior offices or places in all cases
where, in the judgment of the Merit Board, the duties of such several
positions directly tend to fit the incumbent for a superior position.
(c) Whenever a superior position in the promotional line in the classified
civil service under the University System is to be filled, the Executive Director
shall certify to the employer, in the order of their seniority, the names
and addresses of the persons with the 3 highest scores on the promotional
register for the class or grade to which said position belongs. The
employer shall appoint one of those persons whose names were certified
by the Executive Director. (d) Appointments to superior positions in the
promotional line shall be on probation for a period of no less than 6
months and no longer than 12 months for each class of positions
in the classification plan, the length of the probationary period having
been determined by the Executive Director. Persons
so appointed may be demoted at any time during the period of probation if,
in the opinion of the employer, they have failed to demonstrate the ability
and the qualifications necessary to furnish satisfactory service, but shall
not be discharged from the superior position if they have previously
completed a probationary period in an inferior position in the promotional
line.
(e) Employees promoted in the promotional line shall have their seniority for the highest position held on the basis of length of service in that classification. For the next lower classification, the employee may add his or her seniority in the higher classification to that in the lower to determine seniority in the lower classification. (f) Whenever a person is promoted to a superior position in the promotional
line prior to the completion of the probationary period in
any one of the positions in the classified civil service under the
University System, total service in the inferior position and in all such
superior positions shall be combined to establish certified status and
seniority in the inferior position.
(Source: P.A. 99-72, eff. 1-1-16; 100-615, eff. 1-1-19 .)
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110 ILCS 70/36k
(110 ILCS 70/36k) (from Ch. 24 1/2, par. 38b10)
Sec. 36k.
Regional compensation and registers.
(1) The Merit Board shall have power to prescribe different ranges or
rates of compensation for different places of employment within the State.
In approving regional scales of compensation the Merit Board shall take
into account the rate of compensation generally paid for similar work in
the locality in which the work is to be performed.
(2) The Merit Board shall authorize separate registers for each of the
agencies, institutions and places of employment covered by the University
System, and an applicant who has received a passing grade on any
examination may request that his name be placed on the register for any
institution or place of employment in the appropriate classification or on
all of the registers in that classification.
(Source: Laws 1951, p. 1289.)
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110 ILCS 70/36l
(110 ILCS 70/36l) (from Ch. 24 1/2, par. 38b11)
Sec. 36l.
Transfers.
Any employee who has successfully passed an original entrance or
promotional examination and who has completed his probationary period
shall, at his request, be eligible for transfer to any other agency,
institution or place of employment in the classification in which he is
certified without further examination and without completing another
probationary period. Any such transferee shall acquire seniority in the
agency, institution or place of employment to which he has transferred only
from the date of employment by that employer, but such transferred employee
may, on request, preserve his seniority rights in the position from which
the transfer was made for the period of one year from the date of transfer.
(Source: Laws 1951, p. 1289.)
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110 ILCS 70/36m
(110 ILCS 70/36m) (from Ch. 24 1/2, par. 38b12)
Sec. 36m.
Temporary appointments.
For positions which are temporary or of an emergency nature, the Merit
Board may authorize temporary appointments for not more than three months,
to be made from names on an eligible register when such register exists.
(Source: Laws 1951, p. 1289 .)
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110 ILCS 70/36n
(110 ILCS 70/36n) (from Ch. 24 1/2, par. 38b13)
Sec. 36n.
Provisional appointments.
Where there are no names on the eligible register and it is impractical
to give an immediate examination, applicants may be employed provisionally
but such employment shall continue only until the person provisionally
employed successfully passes an examination or until a name or names are
placed upon the appropriate eligible register. Before any examination is
given in this classification, the person provisionally employed shall have
notice of the examination and shall have an opportunity to take the
examination.
(Source: Laws 1951, p. 1289.)
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110 ILCS 70/36o
(110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
Sec. 36o. Demotion, removal, and discharge. (a) After the completion of his or her probationary period, no employee shall be
demoted, removed or discharged except for just cause, upon written charges,
and after an opportunity to be heard in his or her own defense if he or she makes a
written request for a hearing to the Merit Board within 15 days after the
serving of the written charges upon him or her. (b) Upon the filing of such a request
for a hearing, the Merit Board shall grant such hearing by a hearing board or hearing officer appointed by the Merit Board to commence within
45 days from the date of the service of the demotion, removal, or discharge
notice, which may be continued from time to time. The hearing board or hearing officer shall make and
render findings of facts on the charges and transmit to the Merit Board a
transcript of the evidence along with the hearing board's or hearing officer's findings of fact. The findings of
the hearing board or hearing officer when approved by the Merit Board shall be certified to
the parties. (c) If cause for demotion, removal, or discharge is found, the
employee shall be immediately demoted, removed, or discharged from the service. If cause is not
found, the employee shall forthwith be reassigned to perform the duties of
a position in his or her classification without loss of compensation. (d) In the
course of the hearing, the Executive Director of the Merit Board shall have power to
administer oaths and to secure by subpoena the attendance and testimony of
witnesses and the production of books and papers relevant to the inquiry.
(e) The provisions of the Administrative Review Law and all amendments and
modification thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Merit Board hereby
created. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 100-615, eff. 1-1-19 .)
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110 ILCS 70/36p
(110 ILCS 70/36p) (from Ch. 24 1/2, par. 38b15)
Sec. 36p. Nondiscrimination. In the administration of the University System, no applicant shall be
denied employment by the Merit Board or by any employer subject to this Act because of race,
color, sex, national origin, religious or political affiliations, ancestry, age, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable military discharge, as defined in the Illinois Human Rights Act, except
that any applicant for employment may be required as a condition of
employment, to sign a valid oath attesting his loyalty to the state and the
United States.
(Source: P.A. 100-615, eff. 1-1-19 .)
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110 ILCS 70/36q
(110 ILCS 70/36q) (from Ch. 24 1/2, par. 38b16)
Sec. 36q.
Effect on past employees.
On January 1, 1952, and on such date thereafter as an employee becomes
subject to this Act, every person who is employed by any employer covered
by the University System, or whose name appears on a reemployment register
of any employer covered by the University System, and who has completed his
probationary period shall be certified in the University System in the
classification in which he is employed and in which he has completed his
probationary period, without examination, and shall be entitled to
seniority in the University System from the date of original employment in
the classification by the employer. Any person who has not completed his
probationary period in the classification in which he is employed on
January 1, 1952, or on such date thereafter as an employer becomes subject
to this Act, shall be required to meet the certifying requirements of the
University System before being certified.
Any employee of the State of Illinois who has previously been certified
under the regular classified State Civil Service or under the Personnel
Code, approved July 18, 1955, as amended, and who, because of the
transfer of his or her duties, has been transferred to the employment of
any institution now covered by the University System, or any such employee
who hereafter may be so transferred, shall have the seniority rights under
the University System as he or she held under the regular classified State
Civil Service or under the Personnel Code, approved July 18, 1955, as
amended, as determined by his or her original date of certification
therein.
Any employee of the State of Illinois who has previously been certified
under the regular classified State Civil Service or under the Personnel
Code, approved July 18, 1955, as amended, and who is transferred to a
comparable position of employment subject to the provisions of the Statute
governing the University System shall have the same status in the
University System as he held under the Personnel Code.
(Source: Laws 1967, p. 3769.)
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110 ILCS 70/36s
(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
Sec. 36s. Supported employees.
(a) The Merit Board shall develop and implement a supported employment
program.
(b) The Merit Board shall designate a liaison to work with State
agencies and departments, any funder or provider or both, and State
universities in the implementation of a supported employment program.
(c) As used in this Section:
(1) "Supported employee" means any individual who:
(A) has a severe physical or mental disability | | which seriously limits functional capacities, including but not limited to, mobility, communication, self-care, self-direction, work tolerance or work skills, in terms of employability as defined, determined and certified by the Department of Human Services; and
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(B) has one or more physical or mental
| | disabilities resulting from amputation; arthritis; blindness; cancer; cerebral palsy; cystic fibrosis; deafness; heart disease; hemiplegia; respiratory or pulmonary dysfunction; an intellectual disability; mental illness; multiple sclerosis; muscular dystrophy; musculoskeletal disorders; neurological disorders, including stroke and epilepsy; paraplegia; quadriplegia and other spinal cord conditions; sickle cell anemia; and end-stage renal disease; or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation.
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(2) "Supported employment" means competitive work in
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(A) for individuals with severe disabilities for
| | whom competitive employment has not traditionally occurred, or
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(B) for individuals for whom competitive
| | employment has been interrupted or intermittent as a result of a severe disability, and who because of their disability, need on-going support services to perform such work. The term includes transitional employment for individuals with chronic mental illness.
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(3) "Participation in a supported employee program"
| | means participation as a supported employee that is not based on the expectation that an individual will have the skills to perform all the duties in a job class, but on the assumption that with support and adaptation, or both, a job can be designed to take advantage of the supported employee's special strengths.
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(4) "Funder" means any entity either State, local or
| | federal, or private not-for-profit or for-profit that provides monies to programs that provide services related to supported employment.
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(5) "Provider" means any entity either public or
| | private that provides technical support and services to any department or agency subject to the control of the Governor, the Secretary of State or the University System.
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(d) The Merit Board shall establish job classifications for supported
employees who may be appointed into the classifications without open
competitive testing requirements. Supported employees shall serve in a
trial employment capacity for not less than 3 or more than 12 months.
(e) The Merit Board shall maintain a record of all individuals hired as
supported employees. The record shall include:
(1) the number of supported employees initially
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(2) the number of supported employees who
| | successfully complete the trial employment periods; and
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(3) the number of permanent targeted positions by
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(f) The Merit Board shall submit an annual report to the General
Assembly regarding the employment progress of supported employees, with
recommendations for legislative action.
(Source: P.A. 99-143, eff. 7-27-15; 100-615, eff. 1-1-19 .)
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110 ILCS 70/37
(110 ILCS 70/37) (from Ch. 24 1/2, par. 38d)
Sec. 37.
No person or officer shall wilfully or corruptly, by himself, or
in co-operation with one or more persons, defeat, deceive or obstruct any
person in respect to his or her right of examination hereunder; or
corruptly or falsely mark, grade, estimate or report upon the examination
or proper standing of any person examined hereunder or aid in so doing; or
wilfully or corruptly make any false representation concerning the same or
concerning the person examined; or wilfully or corruptly furnish to any
person any special or secret information for the purpose of either
improving or injuring the prospects or chances of any person so examined,
or to be examined, being appointed, employed or promoted. And no applicant
for any examination shall wilfully or corruptly by himself, or in
co-operation with one or more persons, deceive the said commission with
reference to his identity, or wilfully or corruptly make any false
representations in his application for any examination, or commit any fraud
for the purpose of improving his prospects or chances in such examination.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/38
(110 ILCS 70/38) (from Ch. 24 1/2, par. 38e)
Sec. 38.
No officer or employee shall solicit, orally or by letter, or
receive, or be in any manner concerned in soliciting or receiving any
assessment, subscription or contribution from any officer or employee
subject to the provisions of this act for any party or political purpose
whatever.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/39
(110 ILCS 70/39) (from Ch. 24 1/2, par. 38f)
Sec. 39.
No person shall solicit, orally or by letter, or be in any manner
concerned in soliciting any assessment, contribution or payment, for any
party or any political purpose whatever from any officer or employee
subject to the provisions of this act.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/40
(110 ILCS 70/40) (from Ch. 24 1/2, par. 38g)
Sec. 40.
No person shall, in any room or building occupied for the
discharge of official duties by any officer or employee subject to this act
solicit orally or by written communication, delivered therein, or in any
other manner, or receive any contribution of money or other thing of value,
for any party or political purpose whatever, from any officer or employee
subject to this act.
No officer, agent, clerk, or employee under the government of this
State, who may have charge or control of any building, office or room,
occupied for any purpose of said government, shall permit any person to
enter the same for the purpose of therein soliciting or delivering written
solicitations for, or receiving from, or giving notice to, any officer or
employee subject to this act.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/41
(110 ILCS 70/41) (from Ch. 24 1/2, par. 38h)
Sec. 41.
No officer or employee of the State shall discharge or degrade or
promote or in any manner change the official rank or compensation of any
officer or employee subject to this Act or promise or threaten to do so,
for giving or withholding or neglecting to make any contribution of money,
or other valuable thing, for any party or political purpose, or for refusal
or neglect to render any party or political service.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/42
(110 ILCS 70/42) (from Ch. 24 1/2, par. 38i)
Sec. 42.
No applicant for appointment pursuant to the provisions of this
Act, either directly or indirectly, shall pay or promise to pay, any money
or other valuable thing to any person whatever, for or on account of his
appointment or proposed appointment, and no officer or employee subject to
this Act shall pay or promise to pay, either directly or indirectly, any
person any money or other valuable thing whatever, for or on account of his
promotion or proposed promotion.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/43
(110 ILCS 70/43) (from Ch. 24 1/2, par. 38j)
Sec. 43.
No applicants for appointment or promotion pursuant to the
provisions of this Act shall ask for or receive a recommendation or
assistance from any officer or employee in said service, or from any
person, upon the consideration of any political service to be rendered to
or for such person, or for the promotion of such person, to any office or
appointment.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/44
(110 ILCS 70/44) (from Ch. 24 1/2, par. 38k)
Sec. 44.
No person, while holding an office or position pursuant to the
provisions of this Act or in nomination for, or while seeking a nomination
for or appointment to any such office or position shall corruptly use or
promise to use, either directly or indirectly, any official authority or
influence (whether then possessed or merely anticipated) in the way of
conferring upon any person, or in order to secure or aid any person in
securing any office or public employment under this Act or any nomination,
confirmation, promotion or increase of salary, upon the consideration or
condition that the vote or political influence or action of the last named
person or any other, shall be given or used in behalf of any candidate,
officer or party, or upon any other corrupt condition or consideration.
(Source: Laws 1955, p. 2165.)
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110 ILCS 70/45
(110 ILCS 70/45) (from Ch. 24 1/2, par. 38l)
Sec. 45.
Any person who shall be served with a subpoena to appear and
testify, or to produce books and papers, issued by the Merit Board, or by
any member thereof or by any board or person acting under the orders of the
Merit Board in the course of an investigation, conducted under any of the
provisions of this act, and who shall refuse or neglect to appear, or to
testify, or to produce books and papers relevant to said investigation, as
commanded in such subpoena, shall be guilty of a misdemeanor and shall, on
conviction, be punished as provided in Section 46 of this act.
The fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the circuit court of this state.
Any circuit court of this State, upon application
of any member of the Merit Board, or any person acting under the orders of
the Merit Board may, in its discretion, compel the attendance
of witnesses, the production of books and papers, and giving of testimony before the
Board or before any member of the Board, any investigating board or
officer, by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the board or
an officer appointed by the board authorized to administer oaths shall
wilfully swear or affirm falsehood shall be guilty of perjury and upon
conviction shall be punished accordingly.
(Source: P.A. 83-334.)
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110 ILCS 70/45a
(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
Sec. 45a.
Except as provided in the second sentence of this Section,
all officers and employees subject to this Act, shall have the
following days as holidays, for which they shall receive their usual
compensation: New Year's Day, January 1, Memorial Day, as determined by
the law of the State of Illinois, Juneteenth National Freedom Day, as determined by the law of the State of Illinois, Independence Day, July 4, Labor Day,
the first Monday in September, Thanksgiving Day, the fourth Thursday of
November, Christmas Day, December 25, and five holidays to be designated
by each college, university, or agency subject to
this Act. Craft and trade employees subject to this Act shall be paid
for all paid holidays included in their area agreement, and will be paid
for all five holidays designated by their employer pursuant to this
Section. Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-15, eff. 6-17-21; 102-1075, eff. 6-10-22.)
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110 ILCS 70/46
(110 ILCS 70/46) (from Ch. 24 1/2, par. 38m)
Sec. 46.
Any person who shall wilfully, or through culpable negligence,
violate any of the provisions of this act, or any board member, examiner,
agent or employee of the board, or any applicant, who shall wilfully, or
through culpable negligence, violate any rule promulgated in accordance
with the provisions thereof, shall be guilty of a Class B misdemeanor.
All prosecution for violations of this act shall be instituted and
conducted by the State's Attorney of the county where the offense occurred.
In the case of conviction under the provisions of this act, the office or
position held by the person convicted shall become vacant.
(Source: P.A. 77-2360.)
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