2005 Illinois Code - Chapter 5 General Provisions 5 ILCS 330/ Public Employee Armed Services Rights Act.
(5 ILCS 330/1)(from Ch. 126 1/2, par. 801) Sec. 1. Short title. This Act may be cited as the Public Employee Armed Services Rights Act. (Source: P.A. 87‑815.)
(5 ILCS 330/2)(from Ch. 126 1/2, par. 802) Sec. 2. Public policy. It is the public policy of this State that
the rights of public employees who may be or may have been activated in the
armed services to insurance coverage, pension rights, and employment and
promotional rights should be protected and preserved while the public
employees are on active duty. (Source: P.A. 87‑815.)
(5 ILCS 330/3)(from Ch. 126 1/2, par. 803) Sec. 3. Definitions. As used in this Act, "public employee" means an
employee of any of the following: the State or any department or agency
thereof; a unit of local government; or a school district. (Source: P.A. 87‑815.)
(5 ILCS 330/4)(from Ch. 126 1/2, par. 804) Sec. 4. Protected persons. Any member of the Illinois National
Guard or any member of any branch of the Armed Forces Reserve who
is placed on active duty status on or after January 1, 1990, who
at the time he or she was placed on that status was a public
employee in Illinois, shall have all rights and benefits set forth
in Section 5 protected and preserved for the duration of the emergency
that led to his or her being called to active duty status until his
or her return to public employment as though he or she were a public
employee during the entire period. (Source: P.A. 87‑815.)
(5 ILCS 330/5)(from Ch. 126 1/2, par. 805) Sec. 5. Protected rights and benefits. The following rights and
benefits shall be protected and preserved for persons entitled to
protection under Section 4: (a) The provision of insurance coverage and its automatic continuation
immediately upon return to public employment. (b) The right to any promotional, employment, contractual or salary
benefits, or pension rights or benefits, conferred by operation of law,
ordinance or other legal resolution having the force of law, or by a
collective bargaining agreement existing at the time the public employee
was placed on active duty status or that accrued while the employee was on
such active status. (c) Any other right or benefit previously granted to or conferred upon
public employees similarly situated to those public employees placed on
active duty status and conferred during the period of active duty status. (Source: P.A. 87‑815.)
(5 ILCS 330/6)(from Ch. 126 1/2, par. 806) Sec. 6. Home rule. A home rule unit may not regulate public employee
status, rights and benefits in a manner inconsistent with this Act. This
Section is a limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State. (Source: P.A. 87‑815.)
(5 ILCS 330/7)(from Ch. 126 1/2, par. 807) Sec. 7. Effective date. This Act takes effect upon becoming a law. (Source: P.A. 87‑815.)
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