Labor & Employment

Amends the Downstate Firefighter Article of the Pension Code. Provides for a Deferred Retirement Option Plan, under which a firefighter who is at least age 50 with 20 years of service may continue in active service for up to 3 years while having his or her retirement pension paid into a special account, to be distributed to the firefighter upon retirement. Bases the retirement pension on the firefighter's service and salary at the time of joining the DROP plan. Requires termination of service at the end of the DROP plan participation period. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

HB 3954 allocates $7.05 billion from state funds to cover Illinois public school teachers' retirement contributions for the fiscal year beginning July 1, 2025. It specifies funding from the General Fund, Common School Fund, and Education Assistance Fund to pay the state's required contributions to teacher retirement systems, including health insurance support and minimum retirement allowances. The bill directly affects all Illinois public school teachers by ensuring state funding for their retirement benefits. This is a routine budgetary measure, not a policy change, with no new requirements for teachers or schools.

Amends the Educator Licensure Article of the School Code. Requires the State Board of Education to allow an individual who has received a short-term approval license under the Illinois Administrative Code to extend the validity of the short-term approval license beyond the expiration date if the individual has taken leave under the federal Family and Medical Leave Act of 1993. Requires the State Board of Education to allow an extension beyond the expiration date equal to or greater than the number of days the individual took for leave under the federal Family and Medical Leave Act of 1993.

Amends the Personnel Code. Provides that certain provisions related to probationary separation, term appointments, and veterans hospital visits are subject to Jurisdiction B. Changes references to "veterans hospital visits" to references to "veterans medical appointments". Provides that an employee who is also a veteran shall be permitted 4 days per year to receive medical care authorized by the U.S. Department of Veterans Affairs, at any type of health care provider or health care facility (rather than permitted 4 days per year to visit a veterans hospital or clinic), for examination or treatment (rather than for examination) of a military service-connected condition (rather than service-connected disability).

Amends the Child Care Act of 1969. Provides that any rule adopted by the Department of Children and Family Services that adds an education or experience requirement to the eligibility criteria for a position does not apply to an employee who already holds that position at the time the requirement is added. Provides that an individual seeking employment at the same position level but at a different facility shall remain eligible for employment in a position equivalent to the individual's current employment position despite any potential changes to eligibility criteria. Effective immediately.

Amends the Personnel Code. Provides that certain provisions related to probationary separation, term appointments, and veterans hospital visits are subject to Jurisdiction B. Changes references to veterans hospital visits to references to veterans medical appointments. Provides that an employee who is also a veteran shall be permitted 4 days per year to receive medical care authorized by the U.S. Department of Veterans Affairs, at any type of health care provider or health care facility (rather than permitted 4 days per year to visit a veterans hospital or clinic), for examination or treatment (rather than for examination) of a military service-connected condition (rather than service-connected disability).

Amends the Chicago Police, Chicago Firefighter, and Chicago Municipal Articles of the Illinois Pension Code. Provides that a person who becomes a member on or after January 1, 2026 shall be automatically enrolled into a federal tax qualified pre-tax retirement plan that is otherwise allowed by State and federal law. Provides that a member subject to automatic enrollment shall have the option to opt out of the plan and shall be informed of that option within 30 days after being hired. Provides that if another option is not chosen by the member, the default employee contribution to the account shall be 3% of the member's salary. Provides that the plan administrator may automatically increase members contributions by no more than 1% per year, and a member may choose to opt out of the automatic increases. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Minimum Wage Law. Provides that, on and after July 1, 2027, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate established by a municipality that is higher than the minimum wage rate provided in the Act. Provides for additional notice requirements that employers must provide to employees who receive gratuities. Provides that any employer or his agent, or the officer or agent of any private employer who violates that provision shall be liable to the Department of Labor for a penalty of up to $1,500 per day for each violation, payable to the Department's Wage Theft Enforcement Fund. Provides that every employer shall provide each employee who receives gratuities a notice containing specified information concerning the rate of pay. Amends the Illinois Wage Payment and Collection Act. Provides that no employer shall withhold from gratuities paid by credit card any credit card processing fees that the employer must pay in connection with the transaction. Provides that any service charge imposed by an employer on a customer shall be a gratuity and is the property of the employees. Effective July 1, 2025.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning payments to nursing facilities to increase compensation for certified nursing assistants (CNA), removes language requiring the Department of Healthcare and Family Services to establish, by rule, payments to nursing facilities equal to Medicaid's share of the tenure wage increments for all reported CNA employee hours compensated. Instead provides that, based on the schedule set forth in the amendatory Act, the Department shall pay to each facility Medicaid's share of the facility's estimated CNA hours performed by employees and agency workers, estimated overtime hours, and benefits and taxes paid to and on behalf of CNA workers at the beginning of each quarter. Provides that moneys paid by the Department to each facility and moneys paid by each facility to workers and agencies or on behalf of workers and agencies shall be reconciled at the end of each quarter. Sets for a schedule concerning the calculation of tenure compensation which shall include: (i) compensation for regular CNA hours; (ii) overtime calculated at time and a half; and (iii) benefits and taxes at 25%. Provides that estimates of overtime shall be calculated at time and a half and benefits and taxes at 25%. Requires the Department to pay the facility for qualifying promotions estimated at the beginning of each quarter and reconciled at the end of the quarter.

Amends the Public Safety Employee Benefits Act. Provides that, if the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse (rather than the surviving spouse until remarried) and for the dependent children under specified conditions.