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Illinois Compiled Statutes

20 ILCS 5/5-15 (2026)

✓ current as of May 2026
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(20 ILCS 5/5-15) that has not been satisfied from the Department's preceding fiscal year back wage claim appropriation, from the lapsed personal services line item and related line item appropriations of the Office of the Governor or the appropriate State department, payable from the General Revenue Fund. If any portion of the back wage claim still remains unsatisfied, the Director of the Department of Central Management Services is authorized to pay the unsatisfied portion from the lapsed personal services line item and related line item appropriations of the Department of Central Management Services, payable from the General Revenue Fund. The Director of the Department of Central Management Services is authorized to issue the necessary vouchers for payments under this subsection.
    (b) The officer responsible for approving and certifying payroll vouchers of all State officers and of all State offices, agencies, boards or commissions not covered in subsection (a) is authorized to pay any portion of a back wage claim of a State officer or employee, that has not been satisfied from the Department of Central Management Services' preceding fiscal year back wage claim appropriation, from the lapsed personal services line item and related line item appropriations of the employing State office or agency, payable from the General Revenue Fund. If any portion of the back wage claim still remains unsatisfied, the Director of the Department of Central Management Services is authorized to pay the unsatisfied portion from the lapsed personal services line item and related line item appropriations of the Department of Central Management Services, payable from the General Revenue Fund. The certifying officer, or the Director of the Department of Central Management Services in the case of payment from lapsed Department appropriations, is authorized to issue the necessary vouchers for payments under this subsection.
    (c) The Director of the Department of Central Management Services may promulgate rules governing all back wage claim matters.
(Source: P.A. 91-239, eff. 1-1-00.)

    
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2010–2025 · leading case: People v. Thompson, 2024 IL App (1st) 221031 (Ill. App. Ct. 2024).
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People v. Thompson, 2024 IL App (1st) 221031 (Ill. App. Ct. 2024). “20, 2021) (amending 20 ILCS 5/5-15); Pub. Act 102-237 (eff. Jan.”
Dopkeen v. Whitaker, 926 N.E.2d 794 (Ill. App. Ct. 2010). “20 ILCS 5/5-15 (2006). Article 5 creates the directors of departments of state government, including the Director of the Department of Public Health, the office previously occupied by defendant.”
Garfield Phillips v. Phyllis Baxter (7th Cir. 2019). “As a state agency, the Department is an arm of the state, 20 ILCS 5/5-15, and states are not suable “persons” under 42 U.”
Garfield Phillips v. Phyllis Baxter (7th Cir. 2019). “As a state agency, the Department is an arm of the state, 20 ILCS 5/5-15, and states are not suable “persons” under 42 U.”
Garfield Phillips v. Phyllis Baxter (7th Cir. 2019). “As a state agency, the Department is an arm of the state, 20 ILCS 5/5-15, and states are not suable “persons” under 42 U.”
Williams v. Frerichs (C.D. Ill. 2020). “See 20 ILCS 5/5-15 (“The Departments of State government are created as follows .”
Phillips v. Baxter (N.D. Ill. 2020). “at 559-60; 20 ILCS 5/5-15; 20 ILCS 1305/1 et seq. Therefore, Phillip’s claims under the Ethics Act against IDHS are barred by sovereign immunity.”
Grimaldo v. Mental Health Dep't of Human Servs. (N.D. Ill. 2023). “Section 1983 “As a state agency,” IDHS “is an arm of the state, 20 ILCS 5/5-15, and states are not suable ‘persons’ under 42 U.”
McCole v. Wisconsin Election Comm'n (E.D. Wis. 2024). “2019) (“As a state agency, the Department is an arm of the state, 20 ILCS 5/5-15, and states are not suable ‘persons’ under 42 U.”
Moore v. Dep't of Human Servs., 2025 IL App (1st) 240561 (Ill. App. Ct. 2025). “Plaintiff later also sought retroactive benefits under the AABD program, claiming that IDHS had failed to evaluate her eligibility for AABD cash benefits between November 1996 and June 2022, as 1 While “Illinois” is not an official part of the agency’s title (see 20 ILCS 5/5-15…”
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