§1650.484. Members Not Covered by Collective Bargaining Agreements or Employment Contracts  


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  • a)         For members not covered by collective bargaining agreements or employment contracts, the System will accept employment policies as evidence of a contractual agreement under which salary increases paid and sick leave granted shall be exempt from employer contributions under 40 ILCS 5/16-128(d-10) and 16-158(f), provided those policies were in effect prior to June 1, 2005.

     

    b)         Employees operating under employment policies will be deemed to be employed under a one school year contract for exemption from employer contribution purposes under 40 ILCS 5/16-128(d-10) and 16-158(f) unless the salary increases and/or granting of sick leave under the policy are governed by provisions in the employer's collective bargaining agreement, in which case the employer exemption shall end at the same time the exemption ends for that collective bargaining agreement.

     

    c)         For members not covered by collective bargaining agreements or contracts, the System will accept employment policies in effect prior to June 4, 2018 as evidence of a contractual agreement under which salary increases paid shall be exempt from employer contributions under 40 ILCS 5/16-158(f-1).

     

    d)         Payments made to employees operating under an employment policy in effect prior to June 4, 2018 will be exempt from the provisions of 40 ILCS 5/16-158(f-1) if notice was provided as required by the employment policy prior to June 4, 2018 and payments are made pursuant to the term of the policy prior to June 30, 2022.

     

(Source:  Amended at 42 Ill. Reg. 22238, effective November 20, 2018)