330 ILCS 60

in effect

330 ILCS 60/1

(330 ILCS 60/1) (from Ch. 126 1/2, par. 29) Sec. 1. Short title. This Act may be cited as the Service Member's Tenure Act. (Source: P.A. 100-1101, eff. 1-1-19.)

(330 ILCS 60/2) (from Ch. 126 1/2, par. 30) Sec. 2. As a guide to the interpretation and application of this Act, the public policy of the State is declared as follows: As a constituent commonwealth of the United States of America, the State of Illinois is dedicated to the urgent task of strengthening and expediting the national defense under the emergent conditions which are threatening the peace and security of this nation. It is the considered judgment of the General Assembly that the service members of Illinois who respond to their country's call to service in this time of crisis, are deserving of every protection the law may afford, and that repetition of the regrettable experience existing after the great war of 1917-1918, wherein returning service men were subjected to serious discrimination with regard to tenure and other rights, must be avoided, since any form of economic discrimination against returning service men is a serious menace to the entire social fabric of the United States of America and the State of Illinois. (Source: P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/3 Definitions

(330 ILCS 60/3) (from Ch. 126 1/2, par. 31) Sec. 3. Definitions. The term "persons in the military service", as used in this Act, shall include the following persons and no others: All members of the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard and all members of the State Militia called into the service or training of the United States of America or of this State. The term "military service", as used in this Act, shall signify Federal service or active duty with any branch of service heretofore referred to as well as training or education under the supervision of the United States preliminary to induction into the military service. The term "military service" also includes any period of active duty with the State of Illinois pursuant to the orders of the President of the United States or the Governor. The term "military service" also includes any period of active duty by members of the National Guard who are called to active duty pursuant to an order of the Governor of this State or an order of a governor of any other state as provided by law. The term "military service" also includes the full-time duties of the Adjutant General and Assistant Adjutants General under Section 17 of the Military Code of Illinois. The foregoing definitions shall apply both to voluntary enlistment and to induction into service by draft or conscription. (Source: P.A. 99-88, eff. 7-21-15; 99-557, eff. 1-1-17; 100-1101, eff. 1-1-19.)

330 ILCS 60/4 (Repealed)

(330 ILCS 60/4) (from Ch. 126 1/2, par. 32) Sec. 4. (Repealed). (Source: P.A. 88-518. Repealed by P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/4.5 (Repealed)

(330 ILCS 60/4.5) Sec. 4.5. (Repealed). (Source: P.A. 94-162, eff. 7-11-05. Repealed by P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/5 (Repealed)

(330 ILCS 60/5) (from Ch. 126 1/2, par. 33) Sec. 5. (Repealed). (Source: P.A. 88-518. Repealed by P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/5.1

(330 ILCS 60/5.1) Sec. 5.1. Stay of prosecution. During and for a period of 14 days after a period of military service with the State of Illinois or in federal active duty service pursuant to the orders of the President of the United States or the Governor, a court having jurisdiction over the enforcement of any civil obligation or liability, the prosecution of any civil suit or proceeding, or the entry or enforcement of any civil order, writ, judgment, or decree may stay, postpone, or suspend the matter if the court determines that a person's failure to meet the obligation is the direct result of the aforementioned period of military service. The stay, postponement, or suspension of proceedings does not in any way modify any condition, obligation, term, or liability agreed upon or incurred by a person in military service including but not limited to accrued interest, late fees, or penalties. No stay, postponement, or suspension shall be provided regarding any written agreement entered into, or debt that is incurred, by the person during or after his or her period of military service. (Source: P.A. 93-822, eff. 7-28-04.)

330 ILCS 60/5.2

(330 ILCS 60/5.2) Sec. 5.2. School attendance and tuition. (a) Any person in military service with the State of Illinois or in federal active duty service pursuant to the orders of the President of the United States or the Governor has the right to receive a full monetary credit or refund for funds paid to any Illinois public university, college or community college if the person is placed into a period of military service pursuant to the orders of the President of the United States or the Governor and is unable to attend the university or college for a period of 7 or more days. Withdrawal from the course shall not impact upon the final grade point average of the person. If any person who has been enrolled in any Illinois public university, college, or community college is unable to process his or her enrollment for the upcoming term, he or she shall have any and all late penalties and or charges set aside, including any and all late processing fees for books, lab fees, and all items that were not in place because the person was engaged in military service and was unable to enroll in the courses at the appropriate time. A service member enrolled in an institution of higher learning who is unable, because of his or her military service, to attend classes on a particular day or days has the right to be excused and to reschedule a course examination administered on such day or days. The faculty and administrative officials shall make available to the service member an equivalent opportunity to make up any examination he or she has missed because of his or her military service. The rights set forth in this Section are in addition to any rights afforded to persons in military service with the State of Illinois or in federal active duty service pursuant to the orders of the President of the United States or the Governor under the policies of an Illinois public university, college, or community college. (b) For the purposes of this Section: "Institution of higher learning" has the same meaning as in Section 10 of the Higher Education Student Assistance Act. "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (Source: P.A. 97-913, eff. 1-1-13.)

330 ILCS 60/6 (Repealed)

(330 ILCS 60/6) (from Ch. 126 1/2, par. 34) Sec. 6. (Repealed). (Source: P.A. 97-580, eff. 8-26-11. Repealed by P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/7 (Repealed)

(330 ILCS 60/7) (from Ch. 126 1/2, par. 35) Sec. 7. (Repealed). (Source: Laws 1941, vol. 1, p. 1202. Repealed by P.A. 100-1101, eff. 1-1-19.)

330 ILCS 60/8 (Repealed)

(330 ILCS 60/8) Sec. 8. (Repealed). (Source: P.A. 97-580, eff. 8-26-11. Repealed by P.A. 100-1101, eff. 1-1-19.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026