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Administrative Order 4 (2002)

ADMINISTRATIVE ORDER Number 4 (2002)
OFFICE OF THE GOVERNOR October 1, 2002

EARLY RETIREMENT
PRIOR APPROVAL OF GRANTING TEMPORARY EMPLOYMENT

Individuals electing to retire with the new early retirement incentives provided under Public Act 92-566 (effective June 25, 2002) may return as temporary employees for up to 75 working days in a calendar year without interfering with the receipt of the pension benefit. To balance (i) the continued uncertainty of the economic outlook of the State with (ii) the continued operation of State government through competent, experienced personnel, this Executive Order establishes the procedure for department heads to request approval of temporary re-hires. This procedure will ensure that maximum payroll cost savings are achieved consistent with the efficient operations of State government.

Each department, agency, board and commission under the jurisdiction of the Governor (hereinafter Department) is required to implement the procedures established in this Order. All other offices, boards, commissions and authorities not under the jurisdiction of the Governor are encouraged to implement similar measures. These procedures apply to all temporary employment requests by individuals taking early retirement incentives, other than temporary employment into positions covered under the Personnel Code, where an approval process through the Department of Central Management Services is currently required.

Procedure for Requesting Approval for Temporary Employment in Positions Vacated by Early Retirement:

Except as provided in this Order, no employee electing to leave State service with the early retirement incentives authorized under Public Act 92-566 may be rehired on a temporary basis without the prior written approval of the Governor’s Office. All departments, agencies, boards and commissions under the jurisdiction of the Governor are required to submit requests for approval of temporary employment actions on forms and in the manner prescribed by the Governor’s Office. In addition, all requests shall be presented to the Governor’s Office in a timely manner in order to allow the proper review of the request (normally 2-3 weeks).

Each request for approval of a temporary employment action shall be reviewed and ruled upon by a Committee composed of the Governor’s General Counsel, the Governor’s Director of Policy and Development and the Director of the Bureau of the Budget – or these members’ respective designees. The Committee may approve a temporary employment request if the department’s request specifies a compelling governmental interest and justification for the request. Decisions of this Committee will be communicated through the Bureau of the Budget. No temporary employment shall be granted without the written approval of the Committee.

In order to avoid duplicative approval procedures for temporary employment actions, the Administrative Order does not apply to the temporary employment of individuals into positions under the Personnel Code. In these instances, the approval process for temporary employees specified by the Department of Central Management Services will apply. The procedure outlined in this Order will apply, however, in the event of any exemption or exception from review by CMS.

To promote the consistent interpretation and implementation of this Administrative Order, each department shall designate a single point of contact within the department for the purpose of sending and receiving the requests or other forms required by this Order. Questions regarding this Administrative Order may be directed to Diane Ford, Counsel to the Governor at (217) 524-1398.