2023 Illinois Compiled Statutes › Chapter 820 - EMPLOYMENT › 820 ILCS 190/ - Illinois Fringe Benefit Portability and Continuity Act.

(820 ILCS 190/1)
Sec. 1. Short title. This Act may be cited as the Illinois Fringe Benefit Portability and Continuity Act.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/5)
Sec. 5. Public policy.  It is the purpose of this

Act that temporary or short-term employees employed by the State

of Illinois and its political subdivisions or other public

employers shall have continuity of health and welfare insurance,

pension, and other fringe benefits for work performed for the State of Illinois, its political subdivisions, and other

public employers, and that the State of Illinois and its

political subdivisions and other public employers shall have

the contractual authority to execute written agreements with

employee benefit plans and labor organizations to ensure that

temporary and short-term employees have continuity of health and

welfare insurance, pension, and other fringe benefits for work

performed for the State of Illinois and its political subdivisions or

other public employers.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/10)
Sec. 10. Application.  This Act applies to the

State of Illinois and its political subdivisions and other

public employers that employ temporary or short-term employees

who are not covered by an employment contract or collective

bargaining agreement but who are referred from labor

organizations and are receiving a fringe benefit allowance

directly and in the form of wages from the State of Illinois and

its political subdivisions and other public employers.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/15)
Sec. 15. Definitions.  As used in this Act, unless

the context otherwise requires:
"Employee benefit plan" shall mean an employee benefit

plan as defined under the Employee Retirement Income Security

Act, 29 U.S.C. 1001, et seq.
"Temporary or short-term employee" shall mean an employee

who is not covered by a collective bargaining agreement or an

employment contract.
"Written agreement" shall mean a participation agreement

or other agreement prescribed by the employee benefit plan or

labor organization but shall not be construed as a collective

bargaining agreement, except as permitted under the Illinois

Public Labor Relations Act.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/20)
Sec. 20. Fringe benefit portability and continuity.
(a) If the  State of Illinois, its political subdivisions,

or other public employers procure short-term or temporary employees from a labor organization, then the State of Illinois, its political subdivisions, or other public employers shall enter into written agreements

with employee benefit plans and labor organizations providing

that the State of Illinois, its political subdivisions, or

other public employers shall make an employer contribution of the benefit allowance

of the applicable wage package to the applicable

employee benefit plans for the

temporary or short-term employees who are referred from labor

organizations, provided that:
(1) The employee benefit plans are employee pension      benefit plans or employee welfare benefit plans  under the Employee Retirement Income Security Act.
(2) The referred employee, as a condition of referral     to  the State of Illinois and its political subdivisions  or other public employers as a temporary or short-term  employee, has entered into an agreement or  authorization with a labor organization to have the  fringe benefit allowance of the applicable wage rate  remitted directly to an employee benefit plan.
(3) The fringe benefit allowance of the applicable     wage  package shall be an employer contribution and not an  employee wage deduction.
(4) The State of Illinois and its political     subdivisions  and other public employers agree, in writing, to make  contributions subject to the same rules and policies  generally applicable to private employers who are  making contributions to that employee benefit plan.
(b) The written agreement specified in subsection (a) shall not be construed as a collective bargaining

agreement, contract for employment, or an agreement that

otherwise guarantees the employment of the temporary or short-term

employees used by the State of Illinois and its

political subdivisions and other public employers. Nothing in

this Act shall be construed to afford temporary or short-term

employees the right to organize or collectively bargain

pursuant to the Illinois Public Labor Relations Act, except as

specifically provided by the provisions of that Act. Nothing in

this Act shall be construed to afford temporary or short-term

employees any benefit or the right to participate in any

retirement system of the State of Illinois, except as

specifically provided by the provisions of the Illinois Pension Code.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/25)
Sec. 25. Construction of Act.  This Act shall be

liberally construed to effect the purposes of the Act. By virtue

of this Act, the State of Illinois and its political subdivisions

or other public employers shall not be considered to be

maintaining or administering an employee benefit plan.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/97)
Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-455, eff. 8-27-07.)