Bill Text: IL SB2310 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Government Severance Pay Act. Provides that a contract containing a severance pay provision must include, among other requirements, a requirement that if a provision to transition into a different position is included in the contract, then the contract must include a provision that compensation may not exceed the annual compensation of the highest paid employee in the relevant department to which a person is transitioning. Specifies that the provisions are declarative of existing law and shall not be construed as a new enactment. Modifies the definition of "severance pay". Effective immediately.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2310 Detail]
Download: Illinois-2019-SB2310-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Government Severance Pay Act is amended by | |||||||||||||||||||||
5 | changing Sections 5 and 10 as follows:
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6 | (5 ILCS 415/5)
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7 | Sec. 5. Definitions. As used in this Act:
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8 | "Misconduct" includes, but is not limited to, the | |||||||||||||||||||||
9 | following:
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10 | (1) Conduct demonstrating conscious disregard of an | |||||||||||||||||||||
11 | employer's interests and found to be a deliberate violation | |||||||||||||||||||||
12 | or disregard of the reasonable standards of behavior which | |||||||||||||||||||||
13 | the employer expects of his or her employee. Such conduct | |||||||||||||||||||||
14 | may include, but is not limited to, willful damage to an | |||||||||||||||||||||
15 | employer's property that results in damage of more than | |||||||||||||||||||||
16 | $50, or theft of employer property or property of a | |||||||||||||||||||||
17 | customer or invitee of the employer.
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18 | (2) Carelessness or negligence to a degree or | |||||||||||||||||||||
19 | recurrence that manifests culpability or wrongful intent, | |||||||||||||||||||||
20 | or shows an intentional and substantial disregard of the | |||||||||||||||||||||
21 | employer's interests or of the employee's duties and | |||||||||||||||||||||
22 | obligations to his or her employer.
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23 | (3) Chronic absenteeism or tardiness in deliberate |
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1 | violation of a known policy of the employer or one or more | ||||||
2 | unapproved absences following a written reprimand or | ||||||
3 | warning relating to more than one unapproved absence.
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4 | (4) A willful and deliberate violation of a standard or | ||||||
5 | regulation of this State by an employee of an employer | ||||||
6 | licensed or certified by this State, which violation would | ||||||
7 | cause the employer to be sanctioned or have its license or | ||||||
8 | certification suspended by this State.
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9 | (5) A violation of an employer's rule, unless the | ||||||
10 | claimant can demonstrate that:
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11 | (A) he or she did not know, and could not | ||||||
12 | reasonably know, of the rule's requirements;
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13 | (B) the rule is not lawful or not reasonably | ||||||
14 | related to the job environment and performance; or
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15 | (C) the rule is not fairly or consistently | ||||||
16 | enforced.
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17 | (6) Other conduct, including, but not limited to, | ||||||
18 | committing criminal assault or battery on another | ||||||
19 | employee, or on a customer or invitee of the employer, or | ||||||
20 | committing abuse or neglect of a patient, resident, | ||||||
21 | disabled person, elderly person, or child in her or his | ||||||
22 | professional care.
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23 | "Severance pay" means the actual or constructive | ||||||
24 | compensation, including salary, benefits, or perquisites, for | ||||||
25 | employment services yet to be rendered which is provided to an | ||||||
26 | employee who has recently been or is about to be terminated , or |
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1 | an employee who is transitioning to a new position within the | ||||||
2 | unit of government for which he or she is employed .
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3 | "Unit of government" means and includes all boards, | ||||||
4 | commissions, agencies, institutions, authorities, and bodies | ||||||
5 | politic and corporate of the State, created by or in accordance | ||||||
6 | with the constitution or statute, of the executive branch of | ||||||
7 | State government and does include colleges, universities, and | ||||||
8 | institutions under the jurisdiction of the governing boards of | ||||||
9 | the University of Illinois, Southern Illinois University, | ||||||
10 | Illinois State University, Eastern Illinois University, | ||||||
11 | Northern Illinois University, Western Illinois University, | ||||||
12 | Chicago State University, Governors State University, | ||||||
13 | Northeastern Illinois University, and the Board of Higher | ||||||
14 | Education. "Unit of government" also includes units of local | ||||||
15 | government, school districts, and community colleges under the | ||||||
16 | Public Community College Act.
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17 | (Source: P.A. 100-895, eff. 1-1-19 .)
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18 | (5 ILCS 415/10)
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19 | Sec. 10. Severance pay.
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20 | (a) A unit of government that enters into a contract or | ||||||
21 | employment agreement, or renewal or renegotiation of an | ||||||
22 | existing contract or employment agreement, that contains a | ||||||
23 | provision for severance pay with an officer, agent, employee, | ||||||
24 | or contractor must include the following provisions in the | ||||||
25 | contract:
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1 | (1) a requirement that severance pay provided may not | ||||||
2 | exceed an amount greater than 20 weeks of compensation; and
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3 | (2) a prohibition of provision of severance pay when | ||||||
4 | the officer, agent, employee, or contractor has been fired | ||||||
5 | for misconduct by the unit of government ; and . | ||||||
6 | (3) a requirement that if a provision to transition | ||||||
7 | into a different position is included in the contract, then | ||||||
8 | the contract must include a provision that compensation may | ||||||
9 | not exceed the annual compensation of the highest paid | ||||||
10 | employee in the relevant department to which that person is | ||||||
11 | transitioning.
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12 | (b) Nothing in this Section creates an entitlement to | ||||||
13 | severance pay in the absence of its contractual authorization | ||||||
14 | or as otherwise authorized by law.
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15 | (c) Notwithstanding any other provision to the contrary, | ||||||
16 | this Act shall not apply to contracts or employment agreements | ||||||
17 | for individuals employed by the department of intercollegiate | ||||||
18 | athletics of a college or university when the employee's | ||||||
19 | compensation is funded by non-State-appropriated funds, such | ||||||
20 | as revenues generated by athletic events or activities, gifts | ||||||
21 | or donations, or any combination thereof. Nothing in this | ||||||
22 | Section entitles an individual employed by the department of | ||||||
23 | intercollegiate athletics of a college or university to receive | ||||||
24 | severance pay when that individual has been dismissed for | ||||||
25 | misconduct. | ||||||
26 | (d) The changes made by this amendatory Act of the 101st |
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1 | General Assembly are declarative of existing law and shall not | ||||||
2 | be construed as a new enactment. | ||||||
3 | (Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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