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90_HB3205
30 ILCS 105/14a from Ch. 127, par. 150a
40 ILCS 5/14-103.12 from Ch. 108 1/2, par. 14-103.12
Amends the State Finance Act. For members of the
Illinois State Police only, allows compensation for 50% of
unused sick leave accumulated on or after January 1, 1998.
Amends the Illinois Pension Code to exempt all State Police
from the 115% limitation imposed by Public Act 90-65 in the
calculation of final average compensation. Effective
immediately.
LRB9007617DPcwA
LRB9007617DPcwA
1 AN ACT concerning State Police retirement benefits,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 14a as follows:
7 (30 ILCS 105/14a) (from Ch. 127, par. 150a)
8 Sec. 14a. Payments for unused benefits; use of sick
9 leave.
10 (a) Upon the death of a State employee, his or her
11 estate is entitled to receive from the appropriation for
12 personal services available for payment of his or her
13 compensation such sum for accrued vacation period, accrued
14 overtime, and accrued qualifying sick leave as would have
15 been paid or allowed to such employee had he or she survived
16 and terminated his or her employment.
17 The State Comptroller shall draw a warrant or warrants
18 against the appropriation, upon receipt of a proper death
19 certificate, payable to decedent's estate, or if no estate is
20 opened, to the person or persons entitled thereto under
21 Section 25-1 of the Probate Act of 1975 upon receipt of the
22 affidavit referred to in that Section, for the sum due.
23 (b) The Department of Central Management Services shall
24 prescribe by rule the method of computing the accrued
25 vacation period and accrued overtime for all employees,
26 including those not otherwise subject to its jurisdiction,
27 and for the purposes of this Act the Department of Central
28 Management Services may require such reports as it deems
29 necessary. Accrued sick leave shall be computed as provided
30 in subsection (f).
31 (c) Upon the retirement or resignation of a State
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1 employee from State service, his or her accrued vacation,
2 overtime and qualifying sick leave shall be payable to the
3 employee in a single lump sum payment. However, if the
4 employee returns to employment in any capacity with the same
5 agency or department within 30 days of the termination of his
6 or her previous State employment, the employee must, as a
7 condition of his or her new State employment, repay the lump
8 sum amount within 30 days after his or her new State
9 employment commences. The amount repaid shall be deposited
10 into the fund from which the payment was made or the General
11 Revenue Fund, and the accrued vacation, overtime and sick
12 leave upon which the lump sum payment was based shall be
13 credited to the account of the employee in accordance with
14 the rules of the jurisdiction under which he or she is
15 employed.
16 (d) Upon the movement of a State employee from a
17 position subject to the Personnel Code to another State
18 position not subject to the Personnel Code, or to a position
19 subject to the Personnel Code from a State position not
20 subject to the Personnel Code, or upon the movement of a
21 State employee of an institution or agency subject to the
22 State Universities Civil Service System from one such
23 institution or agency to another such institution or agency,
24 his or her accrued vacation, overtime and sick leave shall be
25 credited to the employee's account in accordance with the
26 rules of the jurisdiction to which the State employee moved.
27 However, if the rules preclude crediting the State employee's
28 total accrued vacation, overtime or sick leave to his or her
29 account at the jurisdiction to which he or she is to move,
30 the nontransferable accrued vacation, overtime, and
31 qualifying sick leave shall be payable to the employee in a
32 single lump sum payment by the jurisdiction from which he or
33 she moved.
34 (e) Upon the death of a State employee or the
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1 retirement, indeterminate layoff or resignation of a State
2 employee from State service, the employee's retirement or
3 disability benefits shall be computed as if the employee had
4 remained in the State employment at his or her most recent
5 rate of compensation until his or her accumulated unused
6 leave for vacation, overtime, sickness and personal business
7 would have been exhausted. The employing agency shall
8 certify, in writing to the employee, the unused leaves the
9 employee has accrued. This certification may be held by the
10 employee or forwarded to the retirement fund. Employing
11 agencies not covered by the Personnel Code shall certify, in
12 writing to the employee, the unused leaves the employee has
13 accrued.
14 (f) Accrued sick leave shall be computed by multiplying
15 1/2 of the number of days of accumulated sick leave by the
16 daily rate of compensation applicable to the employee at the
17 time of his or her death, retirement, resignation, or other
18 termination of service described in this Section.
19 The payment for qualifying accrued sick leave after the
20 employee's death, retirement, resignation, or other
21 termination of service provided by Public Act 83-976 shall be
22 for sick leave days earned on or after January 1, 1984 and,
23 except for members of the Illinois State Police, before
24 January 1, 1998. Sick leave accumulated on or after January
25 1, 1998 by an employee other than a member of the Illinois
26 State Police is not compensable under this Section at the
27 time of the employee's death, retirement, resignation, or
28 other termination of service, but may be used to establish
29 retirement system service credit as provided in the Illinois
30 Pension Code.
31 The Department of Central Management Services shall
32 prescribe by rule the method of computing the accrued sick
33 leave days for all employees, including those not otherwise
34 subject to its jurisdiction. Beginning January 1, 1998, sick
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1 leave used by an employee shall be charged against his or her
2 accumulated sick leave in the following order: first, sick
3 leave accumulated before January 1, 1984; then sick leave
4 accumulated on or after January 1, 1998; and finally sick
5 leave accumulated on or after January 1, 1984 but before
6 January 1, 1998.
7 (Source: P.A. 90-65, eff. 7-7-97.)
8 Section 10. The Illinois Pension Code is amended by
9 changing Section 14-103.12 as follows:
10 (40 ILCS 5/14-103.12) (from Ch. 108 1/2, par. 14-103.12)
11 Sec. 14-103.12. Final average compensation.
12 (a) For retirement and survivor annuities, "final
13 average compensation" means the monthly compensation obtained
14 by dividing the total compensation of an employee during the
15 period of: (1) the 48 consecutive months of service within
16 the last 120 months of service in which the total
17 compensation was the highest, or (2) the total period of
18 service, if less than 48 months, by the number of months of
19 service in such period; provided that for purposes of a
20 retirement annuity the average compensation for the last 12
21 months of the 48-month period shall not exceed the final
22 average compensation by more than 25%.
23 (b) For death and disability benefits, in the case of a
24 full-time employee, "final average compensation" means the
25 greater of (1) the rate of compensation of the employee at
26 the date of death or disability multiplied by 1 in the case
27 of a salaried employee, by 174 in the case of an hourly
28 employee, and by 22 in the case of a per diem employee, or
29 (2) for benefits commencing on or after January 1, 1991,
30 final average compensation as determined under subsection
31 (a).
32 For purposes of this paragraph, full or part-time status
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1 shall be certified by the employing agency. Final rate of
2 compensation for a part-time employee shall be the total
3 compensation earned during the last full calendar month prior
4 to the date of death or disability.
5 (c) Notwithstanding the provisions of subsection (a),
6 for the purpose of calculating retirement and survivor
7 annuities of persons with at least 20 years of eligible
8 creditable service as defined in Section 14-110, "final
9 average compensation" means the monthly rate of compensation
10 received by the person on the last day of eligible creditable
11 service (but not to exceed 115% of the average monthly
12 compensation received by the person for the last 24 months of
13 service, unless the person was in service as a State
14 policeman before the effective date of this amendatory Act of
15 1997), or the average monthly compensation received by the
16 person for the last 48 months of service prior to retirement,
17 whichever is greater.
18 (d) Notwithstanding the provisions of subsection (a),
19 for a person who was receiving, on the date of retirement or
20 death, a disability benefit calculated under subdivision
21 (b)(2) of this Section, the final average compensation used
22 to calculate the disability benefit may be used for purposes
23 of calculating the retirement and survivor annuities.
24 (e) In computing the final average compensation, periods
25 of military leave shall not be considered.
26 (f) The changes to this Section made by this amendatory
27 Act of 1997 (redefining final average compensation for
28 members under the alternative formula) apply to members who
29 retire on or after January 1, 1998, without regard to whether
30 employment terminated before the effective date of this
31 amendatory Act of 1997.
32 (Source: P.A. 90-65, eff. 7-7-97.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.