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Public Act 097-0651 |
HB3813 Enrolled | LRB097 13613 AMC 58149 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Sections 1-114, 1-135, 3-110, 4-108, 5-214, 6-209, 8-138, |
8-226, 8-233, 9-219, 11-134, 11-215, 11-217, 15-107, 16-106, |
and 17-134 as follows:
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(40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)
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Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any |
person who is a fiduciary with respect to a retirement system |
or
pension fund established under this Code who breaches any |
duty
imposed upon fiduciaries by this Code , including, but not |
limited to, a failure to report a reasonable suspicion of a |
false statement specified in Section 1-135 of this Code, shall |
be personally liable to make
good to such retirement system or |
pension fund any losses to it resulting
from each such breach, |
and to restore to such retirement system or pension
fund any |
profits of such fiduciary which have been made through use of |
assets
of the retirement system or pension fund by the |
fiduciary, and shall be
subject to such equitable or remedial |
relief as the court may deem appropriate,
including the removal |
of such fiduciary.
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(b) No person shall be liable with respect to a breach of |
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fiduciary duty
under this Code if such breach occurred before |
such person became a fiduciary
or after such person ceased to |
be a fiduciary.
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(Source: P.A. 82-960.)
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(40 ILCS 5/1-135)
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Sec. 1-135. Fraud. Any person who knowingly makes any false |
statement or falsifies or permits to be falsified any record of |
a retirement system or pension fund created under this Code or |
the Illinois State Board of Investment in an attempt to defraud |
the retirement system or pension fund created under this Code |
or the Illinois State Board of Investment is guilty of a Class |
3 felony. Any reasonable suspicion by any appointed or elected |
commissioner, trustee, director, or board member of a |
retirement system or pension fund created under this Code or |
the State Board of Investment of a false statement or falsified |
record being submitted or permitted by a person under this Code |
shall be immediately referred to the board of trustees of the |
applicable retirement system or pension fund created under this |
Code, the State Board of Investment, or the State's Attorney of |
the jurisdiction where the alleged fraudulent activity |
occurred. The board of trustees of a retirement system or |
pension fund created under this Code or the State Board of |
Investment shall immediately notify the State's Attorney of the |
jurisdiction where any alleged fraudulent activity occurred |
for investigation. For the purposes of this Section, |
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"reasonable suspicion" means a belief, based upon specific and |
articulable facts, taken together with rational inferences |
from those facts, that would lead a reasonable person to |
believe that fraud has been, or will be, committed. A |
reasonable suspicion is more than a non-particularized |
suspicion. A mere inconsistency, standing alone, does not give |
rise to a reasonable suspicion.
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(Source: P.A. 96-6, eff. 4-3-09.)
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(40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
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Sec. 3-110. Creditable service.
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(a) "Creditable service" is the time served by a police |
officer as a member
of a regularly constituted police force of |
a municipality. In computing
creditable service furloughs |
without pay exceeding 30 days shall not be
counted, but all |
leaves of absence for illness or accident, regardless of
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length, and all periods of disability retirement for which a |
police officer has
received no disability pension payments |
under this Article shall be counted.
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(a-5) Up to 3 years of time during which the police officer |
receives
a disability pension under Section 3-114.1, 3-114.2, |
3-114.3, or 3-114.6
shall be counted as creditable service, |
provided that
(i) the police officer returns to active service |
after the disability for a
period at least equal to the period |
for which credit is to be established and
(ii) the police |
officer makes contributions to the fund based on the rates
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specified in Section 3-125.1 and the salary upon which the |
disability pension
is based. These contributions may be paid at |
any time prior to the
commencement of a retirement pension. The |
police officer may, but need not,
elect to have the |
contributions deducted from the disability pension or to
pay |
them in installments on a schedule approved by the board. If |
not
deducted from the disability pension, the contributions |
shall include
interest at the rate of 6% per year, compounded |
annually, from the date
for which service credit is being |
established to the date of payment. If
contributions are paid |
under this subsection (a-5) in excess of those
needed to |
establish the credit, the excess shall be refunded. This
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subsection (a-5) applies to persons receiving a disability |
pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on |
the effective date of this
amendatory Act of the 91st General |
Assembly, as well as persons who begin to
receive such a |
disability pension after that date.
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(b) Creditable service includes all periods of service in |
the military,
naval or air forces of the United States entered |
upon while an active police
officer of a municipality, provided |
that upon applying for a permanent pension,
and in accordance |
with the rules of the board, the police officer pays into the
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fund the amount the officer would have contributed if he or she |
had been a
regular contributor during such period, to the |
extent that the municipality
which the police officer served |
has not made such contributions in the
officer's behalf. The |
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total amount of such creditable service shall not
exceed 5 |
years, except that any police officer who on July 1, 1973 had |
more
than 5 years of such creditable service shall receive the |
total amount thereof.
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(b-5) Creditable service includes all periods of service in |
the military, naval, or air forces of the United States entered |
upon before beginning service as an active police officer of a |
municipality, provided that, in accordance with the rules of |
the board, the police officer pays into the fund the amount the |
police officer would have contributed if he or she had been a |
regular contributor during such period, plus an amount |
determined by the Board to be equal to the municipality's |
normal cost of the benefit, plus interest at the actuarially |
assumed rate calculated from the date the employee last became |
a police officer under this Article. The total amount of such |
creditable service shall not exceed 2 years. |
(c) Creditable service also includes service rendered by a |
police
officer while on leave of absence from a police |
department to serve as an
executive of an organization whose |
membership consists of members of a
police department, subject |
to the following conditions: (i) the police
officer is a |
participant of a fund established under this Article with at
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least 10 years of service as a police officer; (ii) the police |
officer
received no credit for such service under any other |
retirement system,
pension fund, or annuity and benefit fund |
included in this Code; (iii)
pursuant to the rules of the board |
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the police officer pays to the fund the
amount he or she would |
have contributed had the officer been an active
member of the |
police department; and (iv) the organization pays a
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contribution equal to the municipality's normal cost for that
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period of service ; and (v) for all leaves of absence under this |
subsection (c), including those beginning before the effective |
date of this amendatory Act of the 97th General Assembly, the |
police officer continues to remain in sworn status, subject to |
the professional standards of the public employer or those |
terms established in statute .
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(d)(1) Creditable service also includes periods of |
service originally
established in another police pension |
fund under this Article or in the Fund
established under |
Article 7 of this Code for which (i) the contributions have
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been transferred under Section 3-110.7 or Section 7-139.9 |
and (ii) any
additional contribution required under |
paragraph (2) of this subsection has
been paid in full in |
accordance with the requirements of this subsection (d).
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(2) If the board of the pension fund to which |
creditable service and
related
contributions are |
transferred under Section 7-139.9 determines that
the |
amount transferred is less than the true cost to the |
pension fund of
allowing that creditable service to be |
established, then in order to establish
that creditable |
service the police officer must pay to the pension fund, |
within
the payment period specified in paragraph (3) of |
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this subsection, an additional
contribution equal to the |
difference, as determined by the board in accordance
with |
the rules and procedures adopted under paragraph (6) of |
this subsection. If the board of the pension fund to which |
creditable service and
related
contributions are |
transferred under Section 3-110.7 determines that
the |
amount transferred is less than the true cost to the |
pension fund of
allowing that creditable service to be |
established, then the police officer may elect (A) to |
establish
that creditable service by paying to the pension |
fund, within
the payment period specified in paragraph (3) |
of this subsection (d), an additional
contribution equal to |
the difference, as determined by the board in accordance
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with the rules and procedures adopted under paragraph (6) |
of this subsection (d) or (B) to have his or her creditable |
service reduced by an amount equal to the difference |
between the amount transferred under Section 3-110.7 and |
the true cost to the pension fund of allowing that |
creditable service to be established, as determined by the |
board in accordance with the rules and procedures adopted |
under paragraph (6) of this subsection (d).
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(3) Except as provided in paragraph (4), the additional
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contribution that is required or elected under paragraph |
(2) of this subsection (d) must be paid to the board (i) |
within 5 years from the date of the
transfer of |
contributions under Section 3-110.7 or 7-139.9 and (ii) |
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before the
police officer terminates service with the fund. |
The additional contribution
may be paid in a lump sum or in |
accordance with a schedule of installment
payments |
authorized by the board.
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(4) If the police officer dies in service before |
payment in full has been
made and before the expiration of |
the 5-year payment period, the surviving
spouse of the |
officer may elect to pay the unpaid amount on the officer's
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behalf within 6 months after the date of death, in which |
case the creditable
service shall be granted as though the |
deceased police officer had paid the
remaining balance on |
the day before the date of death.
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(5) If the additional contribution that is required or |
elected under paragraph (2) of this subsection (d) is not |
paid in full within the
required time, the creditable |
service shall not be granted and the
police officer (or the |
officer's surviving spouse or estate) shall be entitled
to |
receive a refund of (i) any partial payment of the |
additional contribution
that has been made by the police |
officer and (ii) those portions of the amounts
transferred |
under subdivision (a)(1) of Section 3-110.7 or |
subdivisions (a)(1)
and (a)(3) of Section 7-139.9 that |
represent employee contributions paid by the
police |
officer (but not the accumulated interest on those |
contributions) and
interest paid by the police officer to |
the prior pension fund in order to
reinstate service |
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terminated by acceptance of a refund.
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At the time of paying a refund under this item (5), the |
pension fund
shall also repay to the pension fund from |
which the contributions were
transferred under Section |
3-110.7 or 7-139.9 the amount originally transferred
under |
subdivision (a)(2) of that Section, plus interest at the |
rate of 6% per
year, compounded annually, from the date of |
the original transfer to the date
of repayment. Amounts |
repaid to the Article 7 fund under this provision shall
be |
credited to the appropriate municipality.
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Transferred credit that is not granted due to failure |
to pay the additional
contribution within the required time |
is lost; it may not be transferred to
another pension fund |
and may not be reinstated in the pension fund from which
it |
was transferred.
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(6) The Public Employee Pension Fund Division of the |
Department of
Insurance
shall establish by rule the manner |
of making the calculation required under
paragraph (2) of |
this subsection, taking into account the appropriate |
actuarial
assumptions; the police officer's service, age, |
and salary history; the level
of funding of the pension |
fund to which the credits are being transferred; and
any |
other factors that the Division determines to be relevant. |
The rules may
require that all calculations made under |
paragraph (2) be reported to the
Division by the board |
performing the calculation, together with documentation
of |
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the creditable service to be transferred, the amounts of |
contributions and
interest to be transferred, the manner in |
which the calculation was performed,
the numbers relied |
upon in making the calculation, the results of the
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calculation, and any other information the Division may |
deem useful.
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(e)(1) Creditable service also includes periods of |
service originally
established in the Fund
established |
under Article 7 of this Code for which the contributions |
have
been transferred under Section 7-139.11.
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(2) If the board of the pension fund to which |
creditable service and
related
contributions are |
transferred under Section 7-139.11 determines that
the |
amount transferred is less than the true cost to the |
pension fund of
allowing that creditable service to be |
established, then the amount of creditable service the |
police officer may establish under this subsection (e) |
shall be reduced by an amount equal to the difference, as |
determined by the board in accordance
with the rules and |
procedures adopted under paragraph (3) of this subsection.
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(3) The Public Pension Division of the Department of
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Financial and Professional Regulation
shall establish by |
rule the manner of making the calculation required under
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paragraph (2) of this subsection, taking into account the |
appropriate actuarial
assumptions; the police officer's |
service, age, and salary history; the level
of funding of |
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the pension fund to which the credits are being |
transferred; and
any other factors that the Division |
determines to be relevant. The rules may
require that all |
calculations made under paragraph (2) be reported to the
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Division by the board performing the calculation, together |
with documentation
of the creditable service to be |
transferred, the amounts of contributions and
interest to |
be transferred, the manner in which the calculation was |
performed,
the numbers relied upon in making the |
calculation, the results of the
calculation, and any other |
information the Division may deem useful.
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(4) Until January 1, 2010, a police officer who |
transferred service from the Fund established under |
Article 7 of this Code under the provisions of Public Act |
94-356 may establish additional credit, but only for the |
amount of the service credit reduction in that transfer, as |
calculated under paragraph (3) of this subsection (e). This |
credit may be established upon payment by the police |
officer of an amount to be determined by the board, equal |
to (1) the amount that would have been contributed as |
employee and employer contributions had all of the service |
been as an employee under this Article, plus interest |
thereon at the rate of 6% per year, compounded annually |
from the date of service to the date of transfer, less (2) |
the total amount transferred from the Article 7 Fund, plus |
(3) interest on the difference at the rate of 6% per year, |
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compounded annually, from the date of the transfer to the |
date of payment. The additional service credit is allowed |
under this amendatory Act of the 95th General Assembly |
notwithstanding the provisions of Article 7 terminating |
all transferred credits on the date of transfer. |
(Source: P.A. 95-812, eff. 8-13-08; 96-297, eff. 8-11-09; |
96-1260, eff. 7-23-10.)
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(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
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Sec. 4-108. Creditable service.
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(a) Creditable service is the time served as a firefighter |
of a
municipality. In computing creditable service, furloughs |
and leaves of
absence without pay exceeding 30 days in any one |
year shall not be counted,
but leaves of absence for illness or |
accident regardless of length, and
periods of disability for |
which a firefighter received no disability
pension payments |
under this Article, shall be counted.
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(b) Furloughs and leaves of absence of 30 days or less in |
any one year may
be counted as creditable service, if the |
firefighter makes the contribution
to the fund that would have |
been required had he or she not been
on furlough or leave of |
absence. To qualify for this creditable service,
the |
firefighter must pay the required contributions to the fund not |
more
than 90 days subsequent to the termination of the furlough |
or leave of
absence, to the extent that the municipality has |
not made such contribution
on his or her behalf.
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(c) Creditable service includes:
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(1) Service in the military, naval or air forces of the
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United States entered upon when the person was an active
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firefighter, provided
that, upon applying for a permanent |
pension, and in accordance with the
rules of the board the |
firefighter pays into the fund the amount that would
have |
been contributed had he or she been a regular contributor |
during such
period of service, if and to the extent that |
the municipality which the
firefighter served made no such |
contributions in his or her behalf. The
total amount of |
such creditable service shall not exceed 5 years, except
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that any firefighter who on July 1, 1973 had more than 5 |
years of such
creditable service shall receive the total |
amount thereof as of that date.
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(1.5) Up to 24 months of service in the military, |
naval, or air forces of the United States that was served |
prior to employment by a municipality or fire protection |
district as a firefighter. To receive the credit for the |
military service prior to the employment as a firefighter, |
the firefighter must apply in writing to the fund and must |
make contributions to the fund equal to (i) the employee |
contributions that would have been required had the service |
been rendered as a member, plus (ii) an amount determined |
by the fund to be equal to the employer's normal cost of |
the benefits accrued for that military service, plus (iii) |
interest at the actuarially assumed rate provided by the |
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Department of Financial and Professional Regulation, |
compounded annually from the first date of membership in |
the fund to the date of payment on items (i) and (ii). The |
changes to this paragraph (1.5) by this amendatory Act of |
the 95th General Assembly apply only to participating |
employees in service on or after its effective date.
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(2) Service prior to July 1, 1976 by a firefighter |
initially excluded
from participation by reason of age who |
elected to participate and paid
the required contributions |
for such service.
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(3) Up to 8 years of service by a firefighter as an |
officer in a statewide
firefighters' association when he is |
on a leave of absence from a
municipality's payroll, |
provided that (i) the firefighter has at least 10
years of |
creditable service as an active firefighter, (ii) the |
firefighter
contributes to the fund the amount that he |
would have contributed had he
remained an active member of |
the fund, and (iii) the employee or statewide
firefighter |
association contributes to the fund an amount equal to the
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employer's required contribution as determined by the |
board , and (iv) for all leaves of absence under this |
subdivision (3), including those beginning before the |
effective date of this amendatory Act of the 97th General |
Assembly, the firefighter continues to remain in sworn |
status, subject to the professional standards of the public |
employer or those terms established in statute .
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(4) Time spent as an on-call fireman for a |
municipality,
calculated at the rate of one year of |
creditable service for each 5 years
of time spent as an |
on-call fireman, provided that (i) the firefighter has
at |
least 18 years of creditable service as an active |
firefighter, (ii) the
firefighter spent at least 14 years |
as an on-call firefighter for the
municipality, (iii) the |
firefighter applies for such creditable service
within 30 |
days after the effective date of this amendatory Act of |
1989,
(iv) the firefighter contributes to the Fund an |
amount representing
employee contributions for the number |
of years of creditable service
granted under this |
subdivision (4), based on the salary and contribution
rate |
in effect for the firefighter at the date of entry into the |
Fund, to
be determined by the board, and (v) not more than |
3 years of creditable
service may be granted under this |
subdivision (4).
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Except as provided in Section 4-108.5, creditable |
service shall not
include time
spent as a volunteer |
firefighter, whether or not any compensation was received
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therefor. The change made in this Section by Public Act |
83-0463 is intended
to be a restatement and clarification |
of existing law, and does not imply
that creditable service |
was previously allowed under this Article for time
spent as |
a volunteer firefighter.
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(5) Time served between July 1, 1976 and July 1, 1988 |
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in
the position of protective inspection officer or |
administrative assistant
for fire services, for a |
municipality with a population under 10,000 that is
located |
in a county with a population over 3,000,000 and that |
maintains a
firefighters' pension fund under this Article, |
if the position included
firefighting duties, |
notwithstanding that the person may not have held an
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appointment as a firefighter, provided that application is |
made to the
pension fund within 30 days after the effective |
date of this amendatory Act
of 1991, and the corresponding |
contributions are paid for the number of
years of service |
granted, based upon the salary and contribution rate in
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effect for the firefighter at the date of entry into the |
pension fund, as
determined by the Board.
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(6) Service before becoming a participant by a |
firefighter initially
excluded from participation by |
reason of age who becomes a participant
under the amendment |
to Section 4-107 made by this amendatory Act of 1993 and
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pays the required contributions for such service.
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(7) Up to 3 years of time during which the firefighter |
receives a
disability pension under Section 4-110, |
4-110.1, or 4-111, provided that (i)
the firefighter |
returns to active service after the disability for a period |
at
least equal to the period for which credit is to be |
established and (ii) the
firefighter makes contributions |
to the fund based on the rates specified in
Section 4-118.1 |
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and the salary upon which the disability pension is based.
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These contributions may be paid at any time prior to the |
commencement of a
retirement pension. The firefighter may, |
but need not, elect to have the
contributions deducted from |
the disability pension or to pay them in
installments on a |
schedule approved by the board. If not deducted from the
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disability pension, the contributions
shall include |
interest at the rate of 6% per year, compounded annually, |
from
the date for which service credit is being established |
to the date of payment.
If contributions are paid under |
this subdivision (c)(7) in excess of those
needed to |
establish the credit, the excess shall be refunded. This
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subdivision (c)(7) applies to persons receiving a |
disability pension under
Section 4-110, 4-110.1, or 4-111 |
on the effective date of this amendatory Act
of the 91st |
General Assembly, as well as persons who begin to receive |
such a
disability pension after that date.
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(Source: P.A. 94-856, eff. 6-15-06; 95-1056, eff. 4-10-09.)
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(40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
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Sec. 5-214. Credit for other service. Any participant in |
this fund (other
than a member of the fire department of the |
city) who has rendered service
as a member of the police |
department of the city for a period of 3 years
or more is |
entitled to credit for the various purposes of this Article for
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service rendered prior to becoming a member or subsequent |
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thereto for the
following periods:
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(a) While on leave of absence from the police |
department assigned or
detailed to investigative, |
protective, security or police work for the park
district |
of the city, the department of the Port of Chicago or the |
sanitary
district in which the city is located.
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(b) As a temporary police officer in the city or while |
serving in the
office of the mayor or in the office of the |
corporation counsel, as a
member of the city council of the |
city, as an employee of the Policemen's
Annuity and Benefit |
Fund created by this Article, as the head
of an |
organization whose membership consists of members of the |
police
department, the Public Vehicle License Commission |
and the board of election
commissioners of the city , |
provided that, in each of these cases and for all periods |
specified in this item (b), including those beginning |
before the effective date of this amendatory Act of the |
97th General Assembly, the police officer is on leave and |
continues to remain in sworn status, subject to the |
professional standards of the public employer or those |
terms established in statute .
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(c) While performing safety or investigative work for |
the county in which
such city is principally located or for |
the State of Illinois or for the
federal government, on |
leave of absence from the department of police, or
while |
performing investigative work for the department as a |
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civilian
employee of the department.
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(d) While on leave of absence from the police |
department of the city
and serving as the chief of police |
of a police department outside the city.
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No credit shall be granted in this fund, however, for this |
service if the
policeman has credit therefor in any other |
annuity and benefit fund, or
unless he contributes to this fund |
the amount he would have contributed
with interest had he |
remained an active member of the police department
in the |
position he occupied as a result of a civil service competitive
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examination, certification and appointment by the Civil |
Service Board; or
in the case of a city operating under the |
provisions of a personnel ordinance
the position he occupied as |
a result of a personnel ordinance competitive
examination |
certification and appointment under the authority of a |
Municipal
Personnel ordinance.
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Concurrently with such contributions, the city shall |
contribute the amounts
provided by this Article. No credit |
shall be allowed for any period of
time for which contributions |
by the policeman have not been paid. The period
of service |
rendered by such policeman prior to the date he became a member
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of the police department of the city or while detailed, |
assigned or on leave
of absence and employed in any of the |
departments set forth hereinabove
in this Section for which |
such policeman has contributed to this fund shall
be credited |
to him as service for all the purposes of this Article, except
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that he shall not have any of the rights conferred by the |
provisions of
Sections 5-127 and 5-162 of this Article.
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The changes in this Section made by Public Act 86-273 shall |
apply to members
of the fund who have not begun receiving a |
pension under this Article on August
23, 1989, without regard |
to whether employment is terminated before that date.
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(Source: P.A. 86-273; 87-1265.)
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(40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
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Sec. 6-209.
In computing the service rendered by a fireman |
prior to
the effective date, the following periods shall be |
counted, in addition
to all periods during which he performed |
the duties of his position, as
periods of service for annuity |
purposes only: All periods of (a)
vacation, (b) leave of |
absence with whole or part pay, (c) leave of
absence without |
pay which were necessary on account of disability, and
(d) |
leave of absence during which he was engaged in the military or
|
naval service of the United States of America. Service credit |
shall not
be allowed for any period during which a fireman was |
in receipt of
pension on account of disability from any pension |
fund superseded by
this fund.
|
In computing the service rendered by a fireman on and after |
the
effective date, the following periods shall be counted in |
addition to
all periods during which he performed the duties of |
his position, as
periods of service for annuity purposes only: |
All periods of (a)
vacation, (b) leave of absence with whole or |
|
part pay, (c) leave of
absence during which he was engaged in |
the military or naval service of
the United States of America, |
(d) disability for which he receives any
disability benefit, |
(e) disability for which he receives whole or part
pay, (f) |
leave of absence, or other authorized relief from active
duty, |
during which he served as president of The Firemen's |
Association of
Chicago , provided that for all leaves of absence |
or other authorized relief under this item (f), including those |
beginning before the effective date of this amendatory Act of |
the 97th General Assembly, the fireman continues to remain in |
sworn status, subject to the professional standards of the |
public employer or those terms established in statute , (g) |
periods of suspension from duty not to exceed a total of one
|
year during the total period of service of the fireman, and (h) |
a period of
time not to exceed 23 days in 1980 in accordance |
with an agreement with the
City on a settlement of strike; |
provided that the fireman elects to
make contributions to the |
Fund for the various annuity and benefit purposes
according to |
the provisions of this Article as though he were an active
|
fireman, based upon the salary attached to the civil service |
rank held by
him during such absence from duty, and if the |
fireman so elects, the city
shall make the prescribed |
concurrent contributions for such annuity and
benefit purposes |
as provided in this Article, all to the end that such
fireman |
shall be entitled to receive the same annuities and benefits |
for
which he would otherwise be eligible if he had continued as |
|
an active
fireman during the periods of absence from duty.
|
In computing service on and after the effective date for |
ordinary
disability benefit, all periods described in the |
preceding paragraph,
except any period for which a fireman |
receives ordinary disability
benefit, shall be counted as |
periods of service.
|
In computing service for any of the purposes of this |
Article, credit
shall be given for any periods prior to January |
9, 1997,
during which an active fireman (or fire paramedic) who |
is a member of the
General Assembly is on leave of absence or |
is otherwise
authorized to be absent from duty to enable him to |
perform his legislative
duties, notwithstanding any reduction |
in salary for such periods and
notwithstanding that the |
contributions paid by the fireman were based on
such reduced |
salary rather than the full amount of salary attached to his
|
civil service rank.
|
In computing service for any of the purposes of this |
Article, no
credit shall be given for any period during which a |
fireman was not
rendering active service because of his |
discharge from the service,
unless proceedings to test the |
legality of the discharge are filed in a
court of competent |
jurisdiction within one year from the date of
discharge and a |
final judgment is entered therein declaring the
discharge |
illegal.
|
No overtime or extra service shall be included in computing |
service
of a fireman and not more than one year or a proper |
|
fractional part
thereof of service shall be allowed for service |
rendered during any
calendar year.
|
(Source: P.A. 86-273; 86-1488; 87-1265.)
|
(40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
|
Sec. 8-138. Minimum annuities - Additional provisions.
|
(a) An employee who withdraws after age 65 or more with at |
least 20
years of service, for whom the amount of age and |
service and prior service
annuity combined is less than the |
amount stated in this Section, shall
from the date of |
withdrawal, instead of all annuities
otherwise provided, be |
entitled to receive an annuity for life of $150 a
year, plus 1 |
1/2% for each year of service, to and including 20 years, and
1 |
2/3% for each year of service over 20 years, of his highest |
average
annual salary for any 4 consecutive years within the |
last 10 years of
service immediately preceding the date of |
withdrawal.
|
An employee who withdraws after 20 or more years of |
service, before age
65, shall be entitled to such annuity, to |
begin not earlier than upon
attained age of 55 years if under |
such age at withdrawal, reduced by 2% for
each full year or |
fractional part thereof that his attained age is less
than 65, |
plus an additional 2% reduction for each full year or |
fractional
part thereof that his attained age when annuity is |
to begin is less than 60
so that the total reduction at age 55 |
shall be 30%.
|
|
(b) An employee who withdraws after July 1, 1957, at age 60 |
or over,
with 20 or more years of service, for whom the age and |
service and prior
service annuity combined, is less than the |
amount stated in this paragraph,
shall, from the date of |
withdrawal, instead of such annuities, be entitled
to receive |
an annuity for life equal to 1 2/3% for each year of service, |
of
the highest average annual salary for any 5 consecutive |
years within the
last 10 years of service immediately preceding |
the date of withdrawal;
provided, that in the case of any |
employee who withdraws on or after July
1, 1971, such employee |
age 60 or over with 20 or more years of service,
shall receive |
an annuity for life equal to 1.67% for each of the
first 10 |
years of service; 1.90% for each of the next 10 years of |
service;
2.10% for each year of service in excess of 20 but not |
exceeding 30; and
2.30% for each year of service in excess of |
30, based on the highest
average annual salary for any 4 |
consecutive years within the last 10 years
of service |
immediately preceding the date of withdrawal.
|
An employee who withdraws after July 1, 1957 and before |
January 1,
1988, with 20 or more years of service, before age |
60 years is entitled to
annuity, to begin not earlier than upon |
attained age of 55 years, if under
such age at withdrawal, as |
computed in the last preceding paragraph,
reduced 0.25% for |
each full month or fractional part thereof that his
attained |
age when annuity is to begin is less than 60 if the employee |
was
born before January 1, 1936, or 0.5% for each such month if |
|
the employee
was born on or after January 1, 1936.
|
Any employee born before January 1, 1936, who withdraws |
with 20 or more
years of service, and any employee with 20 or |
more years of service who
withdraws on or after January 1, |
1988, may elect to receive, in lieu of any
other employee |
annuity provided in this Section, an annuity for life equal
to |
1.80% for each of the first 10 years of service, 2.00% for each |
of the
next 10 years of service, 2.20% for each year of service |
in excess of 20
but not exceeding 30, and 2.40% for each year |
of service in excess of 30,
of the highest average annual |
salary for any 4 consecutive
years within the last 10 years of |
service immediately preceding the date of
withdrawal, to begin |
not earlier than upon attained age of 55 years, if
under such |
age at withdrawal, reduced 0.25% for each full month or |
fractional
part thereof that his attained age when annuity is |
to begin is less than
60; except that an employee retiring on |
or after January 1, 1988, at age
55 or over but less than age |
60, having at least 35 years of service,
or an employee |
retiring on or after July 1, 1990, at age 55 or over but
less |
than age 60, having at least 30 years of service,
or an |
employee retiring on or after the effective date of this |
amendatory
Act of 1997, at age 55 or over but less than age 60, |
having at least 25 years
of service, shall not be subject to |
the reduction in retirement annuity
because of retirement below |
age 60.
|
However, in the case of an employee who retired on or after |
|
January 1,
1985 but before January 1, 1988, at age 55 or older |
and with at least 35
years of service, and who was subject |
under this subsection (b) to the
reduction in retirement |
annuity because of retirement below age 60, that
reduction |
shall cease to be effective January 1, 1991, and the retirement
|
annuity shall be recalculated accordingly.
|
Any employee who withdraws on or after July 1, 1990, with |
20 or more years of
service, may elect to receive, in lieu of |
any other employee annuity provided
in this Section, an annuity |
for life equal to 2.20% for each year of service
if withdrawal |
is before January 1, 2002, or 2.40% for each year of
service if |
withdrawal is on or after January 1, 2002,
of the highest |
average annual salary for any 4 consecutive years within the
|
last 10 years of service immediately preceding the date of |
withdrawal, to begin
not earlier than upon attained
age of 55 |
years, if under such age at withdrawal, reduced 0.25% for each
|
full month or fractional part thereof that his attained age |
when annuity is
to begin is less than 60; except that an |
employee retiring at age 55 or
over but less than age 60, |
having at least 30 years of service, shall not
be subject to |
the reduction in retirement annuity because of retirement below
|
age 60.
|
Any employee who withdraws on or after the effective date |
of this
amendatory Act of 1997 with 20 or more years of service |
may elect to receive,
in lieu of any other employee annuity |
provided in this Section, an annuity for
life equal to 2.20% |
|
for each year of service, if withdrawal is before
January 1, |
2002, or 2.40% for each year of service if withdrawal is
on or
|
after January 1, 2002, of the highest average annual
salary for |
any 4 consecutive years within the last 10 years of service
|
immediately preceding the date of withdrawal, to begin not |
earlier than upon
attainment of age 55 (age 50 if the employee |
has at least 30 years of service),
reduced 0.25% for each full |
month or remaining fractional part thereof that the
employee's |
attained age when annuity is to begin is less than 60; except |
that
an employee retiring at age 50 or over with at least 30 |
years of service or at
age 55 or over with at least 25 years of |
service shall not be subject to the
reduction in retirement |
annuity because of retirement below age 60.
|
The maximum annuity payable under part (a) and (b) of this |
Section shall
not exceed 70% of highest average annual salary |
in the case of an employee
who withdraws prior to July 1, 1971, |
75% if withdrawal takes place on
or after July 1, 1971 and |
prior to January 1, 2002, or 80% if
withdrawal
takes place on |
or after January 1, 2002. For the
purpose of the minimum
|
annuity provided in this Section $1,500 is considered the |
minimum annual
salary for any year; and the maximum annual |
salary for the computation of such
annuity is $4,800 for any |
year before 1953, $6000 for the years 1953 to 1956,
inclusive, |
and the actual annual salary, as salary is defined in this |
Article,
for any year thereafter.
|
To preserve rights existing on December 31, 1959, for |
|
participants and
contributors on that date to the fund created |
by the Court and Law
Department Employees' Annuity Act, who |
became participants in the fund
provided for on January 1, |
1960, the maximum annual salary to be considered
for such |
persons for the years 1955 and 1956 is $7,500.
|
(c) For an employee receiving disability benefit, his |
salary for annuity
purposes under paragraphs (a) and (b) of |
this Section, for all periods of
disability benefit subsequent |
to the year 1956, is the amount on which his
disability benefit |
was based.
|
(d) An employee with 20 or more years of service, whose |
entire disability
benefit credit period expires before
|
attainment of age 55 while still disabled for service, is |
entitled upon
withdrawal to the larger of (1) the minimum |
annuity provided above, assuming he
is then age 55, and |
reducing such annuity to its actuarial equivalent as of his
|
attained age on such date or (2) the annuity provided from his |
age and service
and prior service annuity credits.
|
(e) The minimum annuity provisions do not apply to any |
former municipal
employee receiving an annuity from the fund |
who re-enters service as a
municipal employee, unless he |
renders at least 3 years of additional
service after the date |
of re-entry.
|
(f) An employee in service on July 1, 1947, or who became a |
contributor
after July 1, 1947 and before attainment of age 70, |
who withdraws after age
65, with less than 20 years of service |
|
for whom the annuity has been fixed
under this Article shall, |
instead of the annuity so fixed, receive an
annuity as follows:
|
Such amount as he could have received had the accumulated |
amounts for
annuity been improved with interest at the |
effective rate to the date of
his withdrawal, or to attainment |
of age 70, whichever is earlier, and had
the city contributed |
to such earlier date for age and service annuity the
amount |
that it would have contributed had he been under age 65, after |
the
date his annuity was fixed in accordance with this Article, |
and assuming
his annuity were computed from such accumulations |
as of his age on such
earlier date. The annuity so computed |
shall not exceed the annuity which
would be payable under the |
other provisions of this Section if the employee
was credited |
with 20 years of service and would qualify for annuity |
thereunder.
|
(g) Instead of the annuity provided in this Article, an |
employee having
attained age 65 with at least 15 years of |
service who withdraws from
service on or after July 1, 1971 and |
whose annuity computed under other
provisions of this Article |
is less than the amount provided under this
paragraph, is |
entitled to a minimum annuity for life equal to 1% of the
|
highest average annual salary, as salary is defined and limited |
in this
Section for any 4 consecutive years within the last 10 |
years of service for
each year of service, plus the sum of $25 |
for each year of service. The
annuity shall not exceed 60% of |
such highest average annual salary.
|
|
(g-1) Instead of any other retirement annuity provided in |
this Article,
an employee who has at least 10 years of service |
and withdraws from service
on or after January 1, 1999 may |
elect to receive a retirement annuity for
life, beginning no |
earlier than upon attainment of age 60, equal to 2.2%
if |
withdrawal is before January 1, 2002, or 2.4% if withdrawal is |
on
or after January 1, 2002, of final average salary for each
|
year of service,
subject to a maximum of 75% of final average |
salary if withdrawal is before
January 1, 2002, or 80% if |
withdrawal is on or after January 1, 2002. For
the purpose of |
calculating this annuity, "final average salary" means the
|
highest average annual salary for any 4 consecutive years in |
the last 10 years
of service. Nothwithstanding any provision of |
this subsection to the contrary, the "final average salary" for |
a participant that received credit under subsection (c) of |
Section 8-226 means the highest average salary for any 4 |
consecutive years (or any 8 consecutive years if the employee |
first became a participant on or after January 1, 2011) in the |
10 years immediately prior to the leave of absence, and adding |
to that highest average salary, the product of (i) that highest |
average salary, (ii) the average percentage increase in the |
Consumer Price Index during each 12-month calendar year for the |
calendar years during the participant's leave of absence, and |
(iii) the length of the leave of absence in years, provided |
that this shall not exceed the participant's salary at the |
local labor organization. For purposes of this Section, the |
|
Consumer Price Index is the Consumer Price Index for All Urban |
Consumers for all items published by the United States |
Department of Labor.
|
(h) The minimum annuities provided under this Section shall |
be paid in
equal monthly installments.
|
(i) The amendatory provisions of part (b) and (g) of this |
Section shall
be effective July 1, 1971 and apply in the case |
of every qualifying
employee withdrawing on or after July 1, |
1971.
|
(j) The amendatory provisions of this amendatory Act of |
1985 (P.A.
84-23) relating to the discount of annuity because |
of retirement prior to
attainment of age 60, and to the |
retirement formula, for those born before
January 1, 1936, |
shall apply only to qualifying employees withdrawing on or
|
after July 18, 1985.
|
(j-1) The changes made to this Section by Public Act 92-609 |
(increasing the retirement
formula to 2.4% per year of service |
and increasing the maximum to 80%) apply
to persons who |
withdraw from service on or after January 1, 2002, regardless
|
of whether that withdrawal takes place before the effective |
date of that Act. In the case of a person who withdraws from |
service
on or after January 1, 2002 but begins to receive a |
retirement annuity before
July 1, 2002, the annuity
shall be |
recalculated, with the increase resulting from Public Act |
92-609
accruing from the date the retirement annuity
began. The |
changes made by Public Act 92-609 control over the changes made
|
|
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
|
(k) Beginning on January 1, 1999, the minimum amount of |
employee's annuity
shall be $850 per month for life for the |
following classes of employees,
without regard to the fact that |
withdrawal occurred prior to the effective date
of this |
amendatory Act of 1998:
|
(1) any employee annuitant alive and receiving a life |
annuity on
the effective date of this amendatory Act of |
1998,
except a reciprocal annuity;
|
(2) any employee annuitant alive and receiving a term |
annuity on
the effective date of this amendatory Act of |
1998,
except a reciprocal annuity;
|
(3) any employee annuitant alive and receiving a |
reciprocal annuity on
the effective date of this amendatory |
Act of 1998,
whose service in this fund is at least 5 |
years;
|
(4) any employee annuitant withdrawing after age 60 on |
or after
the effective date of this amendatory Act of 1998,
|
with at least 10 years of service in this fund.
|
The increases granted under items (1), (2) and (3) of this |
subsection (k)
shall not be limited by any other Section of |
this Act.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
|
Sec. 8-226. Computation of service.
In computing the term |
|
of service of an employee prior to the effective
date, the |
entire period beginning on the date he was first appointed and
|
ending on the day before the effective date, except any |
intervening period
during which he was separated by withdrawal |
from service, shall be counted
for all purposes of this |
Article, except that for any employee who was not
in service on |
the day before the effective date, service rendered prior to
|
such date shall not be considered for the purposes of Section |
8-138.
|
For a person employed by an employer for whom this Article |
was in effect
prior to January 1, 1950, from whose salary |
deductions are first made under
this Article after December 31, |
1949, any period of service rendered prior
to the effective |
date, unless he was in service on the day before the
effective |
date, shall not be counted as service.
|
The time a person was an employee of any territory annexed |
to the city
prior to the effective date shall be counted as a |
period of service.
|
In computing the term of service of any employee subsequent |
to the day
before the effective date, the following periods |
shall be counted as
periods of service for age and service, |
widow's and child's annuity
purposes:
|
(a) The time during which he performed the duties of |
his position;
|
(b) Vacations, leaves of absence with whole or part |
pay, and leaves of
absence without pay not longer than 90 |
|
days;
|
(c) Leaves of absence without pay that begin before the |
effective date of this amendatory Act of the 97th General |
Assembly and during which a participant is
employed |
full-time by a local labor organization that represents |
municipal employees,
provided that (1) the participant |
continues to make employee contributions
to the Fund as |
though he were an active employee, based on the regular
|
salary rate received by the participant
for his municipal |
employment immediately prior to such leave of absence
(and |
in the case of such employment prior to December 9, 1987, |
pays
to the Fund an amount equal
to the employee |
contributions for such employment plus regular interest
|
thereon as calculated by the board),
and based on his |
current salary with such labor organization after the
|
effective date of this amendatory Act of 1991,
(2) after |
January 1, 1989 the participant, or the labor organization |
on the
participant's behalf, makes contributions to the |
Fund as though it were the
employer, in the same amount and |
same manner as specified under this
Article, based on the |
regular salary rate received by the participant for
his |
municipal employment immediately prior to such leave of |
absence, and
based on his current salary with such labor |
organization after the effective
date of this amendatory |
Act of 1991, and (3) the participant does not receive
|
credit in any pension plan established by the local labor |
|
organization based on
his employment by the organization;
|
(d) Any period of disability for which he received (i) |
a disability
benefit under this Article, or (ii) a |
temporary total disability benefit
under the Workers' |
Compensation Act if the disability results from a
condition |
commonly termed heart attack or stroke or any other |
condition
falling within the broad field of coronary |
involvement or heart disease,
or (iii) whole or part pay;
|
(e) Any period for which contributions and service |
credit have been
transferred to this Fund under subsection |
(d) of Section 9-121.1 or
subsection (d) of Section |
12-127.1 of this Code.
|
For a person employed by an employer in which the 1921 Act |
was in effect
prior to January 1, 1950, from whose salary |
deductions are first made under
the 1921 Act or this Article |
after December 31, 1949, any period of service
rendered |
subsequent to the effective date and prior to the date he |
became
an employee and contributor, shall not be counted as a |
period of service
under this Article,
except such period for |
which he made payment as
provided in Section 8-230 of this |
Article, in which case such period shall
be counted as a period |
of service for all annuity purposes hereunder.
|
In computing the term of service of an employee subsequent |
to the day
before the effective date for ordinary disability |
benefit purposes, all
periods described in the preceding |
paragraph, except any such period for
which he receives |
|
ordinary disability benefit, shall be counted as periods
of |
service; provided, that for any person employed by an employer |
in which
this Article was in effect prior to January 1, 1950, |
from whose salary
deductions are first made under this Article |
after December 31, 1949, any
period of service rendered |
subsequent to the effective date and prior to
the date he |
became an employee and contributor, shall not be counted as a
|
period of service for ordinary disability benefit purposes, |
unless the person
made payment for the period as provided in |
Section 8-230 of this Article, in
which case the period shall |
be counted as a period of service for ordinary
disability |
purposes for periods of disability on or after the effective |
date of
this amendatory Act of 1997.
|
Overtime or extra service shall not be included in |
computing any term of
service. Not more than 1 year of service |
shall be allowed for service
rendered during any calendar year. |
For the purposes of this Section, the phrase "any pension |
plan established by the local labor organization" means any |
pension plan in which a participant may receive credit as a |
result of his or her membership in the local labor |
organization, including, but not limited to, the local labor |
organization itself and its affiliates at the local, |
intrastate, State, multi-state, national, or international |
level. The definition of this phrase is a declaration of |
existing law and shall not be construed as a new enactment.
|
(Source: P.A. 90-511, eff. 8-22-97.)
|
|
(40 ILCS 5/8-233) (from Ch. 108 1/2, par. 8-233)
|
Sec. 8-233. Basis of annual salary. For the purpose of this |
Article,
the annual salary of an employee whose salary or wage |
is
appropriated, fixed, or arranged in the annual appropriation |
ordinance upon
other than an annual basis shall be determined |
as follows:
|
(a) If the employee is paid on a monthly basis, the annual |
salary
is 12 times the monthly salary. If
the employee is paid |
on a weekly basis, the annual salary is 52 times
the weekly |
salary.
|
"Monthly salary" means the amount of compensation or salary
|
appropriated and payable for a normal and regular month's work |
in the
employee's position in the service. "Weekly salary" |
means
the amount of compensation or salary appropriated and |
payable
for a normal and regular week's work in the employee's |
position in the
service. If the work is on a regularly |
scheduled part time basis, then "monthly salary" and "weekly |
salary" refer,
respectively, to the part time monthly or weekly |
salary.
|
If the appropriation for the position is for a shorter |
period than 12
months a year, or 52 weeks a year if on a weekly |
basis, or the employee is
in a class, grade, or category in |
which the employee normally works for fewer than 12
months or |
52 weeks a year, then the basis shall be adjusted
downward to |
the extent that the appropriated or
customary work period is |
|
less than the normal 12 months
or 52 weeks of service in a |
year.
|
Compensation for overtime, at regular or overtime rates, |
that is paid in
addition to the appropriated regular and normal |
monthly or weekly salary
shall not be considered.
|
(b) If the employee is paid on a daily basis, the annual |
salary
is 260 times the daily wage. If the
employee is paid on |
an hourly basis, the annual salary is 2080 times
the hourly |
wage.
|
The norm is based on a 12-month per year, 5-day work week |
of 8 hours per
day and 40 hours per week, with consideration |
given only to time
compensated for at the straight time rate of |
compensation or wage. The
norm shall be increased (subject to a |
maximum of 300 days or 2400 hours per
year) or decreased for an |
employee
to the extent that the normal and established work |
period, at the
straight time compensation or wage for the |
position held in the
class, grade, or category in which the |
employee is assigned, is
for a greater or lesser number of |
months, weeks, days, or hours than
the period on which the |
established norm is based.
|
"Daily wage" and "hourly wage" mean,
respectively, the |
normal, regular, or basic straight time rate of
compensation or |
wage appropriated and payable for a normal and regular
day's |
work, or hour's work, in the employee's position in the |
service.
|
Any time worked in excess of the norm (or the increased or |
|
decreased
norm, whichever is applicable) that is compensated |
for at overtime,
premium, or other than regular or basic |
straight time rates shall not be
considered as time worked, and |
the compensation for that work shall not
be considered as |
salary or wage. Such time and compensation shall in
every case |
and for all purposes be considered overtime and shall be
|
excluded for all purposes under this Article. However, the
|
straight time portion of compensation or wage, for time worked |
on holidays
that fall within an employee's established norm, |
shall be
included for all purposes under this Article.
|
(c) For minimum annuity purposes under Section 8-138, where |
a
salary rate change occurs during the year, it shall be |
considered that the
annual salary for that year is (1) the |
annual
equivalent of the monthly, weekly, daily, or hourly |
salary or
wage rate that was applicable for the greater number |
of months,
weeks, days, or hours (whichever is applicable) in
|
the year under consideration, or (2) the annual equivalent
of |
the average salary or wage rate in effect for the employee |
during the
year, whichever is greater. The average salary or |
wage rate shall be
calculated by multiplying each salary or |
wage rate in effect for the
employee during the year by the |
number of months, weeks, days, or hours
(whichever is |
applicable) during which that rate was in effect, and
dividing |
the sum of the resulting products by the total number of |
months,
weeks, days, or hours (whichever is applicable) worked |
by the employee
during the year.
|
|
(d) The changes to subsection (c) made by this amendatory |
Act of 1997
apply to persons withdrawing from service on or |
after July 1, 1990 and for each
such person are intended to be |
retroactive to the date upon which the affected
annuity began. |
The Fund shall recompute the affected annuity and shall pay the
|
additional amount due for the period before the increase |
resulting from this
amendatory Act in a lump sum, without |
interest.
|
(e) This Article shall not be construed to authorize a |
salary paid by an entity other than an employer, as defined in |
Section 8-110, to be used to calculate the highest average |
annual salary of a participant. This subsection (e) is a |
declaration of existing law and shall not be construed as a new |
enactment. |
(Source: P.A. 90-31, eff. 6-27-97.)
|
(40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
|
Sec. 9-219. Computation of service.
|
(1) In computing the term of service of an employee prior |
to the effective
date, the entire period beginning on the date |
he was first appointed and
ending on the day before the |
effective date, except any intervening period
during which he |
was separated by withdrawal from service, shall be counted
for |
all purposes of this Article.
|
(2) In computing the term of service of any employee on or |
after the
effective date, the following periods of time shall |
|
be counted as periods
of service for age and service, widow's |
and child's annuity purposes:
|
(a) The time during which he performed the duties of |
his position.
|
(b) Vacations, leaves of absence with whole or part |
pay, and leaves of
absence without pay not longer than 90 |
days.
|
(c) For an employee who is a member of a county police |
department or a
correctional officer with the county |
department of corrections, approved
leaves of absence |
without pay during which the
employee serves as a full-time |
officer or employee of an employee
association, the |
membership of which consists of other participants in the
|
Fund, provided that the employee contributes to the
Fund |
(1) the amount that he would have contributed had he |
remained an active
employee in the position he
occupied at |
the time the leave of absence was granted, (2) an amount |
calculated
by the Board representing employer |
contributions, and (3) regular interest
thereon from the |
date of service to the date of payment. However, if the
|
employee's application to establish credit under this |
subsection is received
by the Fund on or after July 1, 2002 |
and before July 1, 2003, the amount
representing employer |
contributions specified in item (2) shall be waived.
|
For a former member of a county police department who |
has received a
refund under Section 9-164, periods during |
|
which the employee serves as
head of an employee |
association, the membership of which consists of other
|
police officers, provided that the employee contributes to |
the Fund (1) the
amount that he would have contributed had |
he remained an active member of
the county police |
department in the position he occupied at the time he
left |
service, (2) an amount calculated by the Board representing |
employer
contributions, and (3) regular interest thereon |
from the date of service to
the date of payment. However, |
if the former member of the county police
department |
retires on or after January 1, 1993 but no later than March |
1,
1993, the amount representing employer contributions |
specified in item (2)
shall be waived.
|
For leaves of absence to which this item (c) applies |
and for other periods to which this item (c) applies, |
including those leaves of absence and other periods of |
service beginning before the effective date of this |
amendatory Act of the 97th General Assembly, the employee |
or former member must continue to remain in sworn status, |
subject to the professional standards of the public |
employer or those terms established in statute.
|
(d) Any period of disability for which he received |
disability benefit or
whole or part pay.
|
(e) Accumulated vacation or other time for which an |
employee who
retires on or after November 1, 1990 receives |
a lump sum payment at the
time of retirement, provided that |
|
contributions were made to the fund at
the time such lump |
sum payment was received. The service granted for the
lump |
sum payment shall not change the employee's date of |
withdrawal for
computing the effective date of the annuity.
|
(f) An employee may receive service credit for annuity |
purposes for
accumulated sick leave as of the date of the |
employee's withdrawal from
service, not to exceed a total |
of 180 days, provided that the amount of
such accumulated |
sick leave is certified by the County Comptroller to the
|
Board and the employee pays an amount equal to 8.5% (9% for |
members
of the County Police Department who are eligible to |
receive an annuity
under Section 9-128.1) of the amount |
that would have been paid had such
accumulated sick leave |
been paid at the employee's final rate of salary.
Such |
payment shall be made within 30 days after the date of |
withdrawal and
prior to receipt of the first annuity check. |
The service credit granted
for such accumulated sick leave |
shall not change the employee's date of
withdrawal for the |
purpose of computing the effective date of the annuity.
|
(3) In computing the term of service of an employee on or |
after the
effective date for ordinary disability benefit |
purposes, the following
periods of time shall be counted as |
periods of service:
|
(a) Unless otherwise specified in Section 9-157, the |
time during which
he performed the duties of his position.
|
(b) Paid vacations and leaves of absence with whole or |
|
part pay.
|
(c) Any period for which he received duty disability |
benefit.
|
(d) Any period of disability for which he received |
whole or part pay.
|
(4) For an employee who on January 1, 1958, was transferred |
by Act
of the 70th General Assembly from his position in a |
department of welfare
of any city located in the county in |
which this Article is in force and
effect to a similar position |
in a department of such county, service shall
also be credited |
for ordinary disability benefit and child's annuity for
such |
period of department of welfare service during which period he |
was a
contributor to a statutory annuity and benefit fund in |
such city and for
which purposes service credit would otherwise |
not be credited by virtue of
such involuntary transfer.
|
(5) An employee described in subsection (e) of Section |
9-108 shall receive
credit for child's annuity and ordinary |
disability benefit for the period of
time for which he was |
credited with service in the fund from which he was
|
involuntarily separated through class or group transfer; |
provided, that no such
credit shall be allowed to the extent |
that it results in a duplication of
credits or benefits, and |
neither shall such credit be allowed to the extent
that it was |
or may be forfeited by the application for and acceptance of a
|
refund from the fund from which the employee was transferred.
|
(6) Overtime or extra service shall not be included in |
|
computing
service. Not more than 1 year of service shall be |
allowed for service
rendered during any calendar year.
|
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
|
Sec. 11-134. Minimum annuities.
|
(a) An employee whose withdrawal occurs after July 1, 1957 |
at age 60 or
over, with 20 or more years of service, (as |
service is defined or computed
in Section 11-216), for whom the |
age and service and prior service annuity
combined is less than |
the amount stated in this Section, shall, from and
after the |
date of withdrawal, in lieu of all annuities otherwise provided
|
in this Article, be entitled to receive an annuity for life of |
an amount
equal to 1 2/3% for each year of service, of the |
highest average annual
salary for any 5 consecutive years |
within the last 10 years of service
immediately preceding the |
date of withdrawal; provided, that in the case of
any employee |
who withdraws on or after July 1, 1971, such employee age 60
or |
over with 20 or more years of service, shall be entitled to |
instead
receive an annuity for life equal to 1.67% for each of |
the first 10 years
of service; 1.90% for each of the next 10 |
years of service; 2.10% for each
year of service in excess of |
20 but not exceeding 30; and 2.30% for each
year of service in |
excess of 30, based on the highest average annual salary
for |
any 4 consecutive years within the last 10 years of service |
immediately
preceding the date of withdrawal.
|
|
An employee who withdraws after July 1, 1957 and before |
January 1,
1988, with 20 or more years of service, before age |
60, shall be entitled to
an annuity, to begin not earlier than |
age 55, if under such age at
withdrawal, as computed in the |
last preceding paragraph, reduced 0.25% if
the employee was |
born before January 1, 1936, or 0.5% if the employee was
born |
on or after January 1, 1936, for each full month or fractional |
part
thereof that his attained age when such annuity is to |
begin is less than 60.
|
Any employee born before January 1, 1936 who withdraws
with |
20 or more years of service, and any employee with 20 or more |
years of
service who withdraws on or after January 1, 1988, may |
elect to receive, in
lieu of any other employee
annuity |
provided in this Section, an annuity for life equal to 1.80% |
for
each of the first 10 years of service, 2.00% for each of |
the next 10 years
of service, 2.20% for each year of service in |
excess of 20, but not
exceeding 30, and 2.40% for each year of |
service in excess of 30,
of the highest average annual salary |
for any 4
consecutive years within the last 10 years of service |
immediately preceding
the date of withdrawal, to begin not |
earlier than upon attained age of 55
years, if under such age |
at withdrawal, reduced 0.25% for each full month
or fractional |
part thereof that his attained age when annuity is to begin
is |
less than 60; except that an employee retiring on or after |
January 1,
1988, at age 55 or over but less than age 60, having |
at least 35 years of
service, or an employee retiring on or |
|
after July 1, 1990, at age 55
or over but less than age 60, |
having at least 30 years of service,
or an employee retiring on |
or after the effective date of this amendatory Act
of 1997, at |
age 55 or over but less than age 60, having at least 25 years of
|
service, shall not be subject to the reduction in retirement |
annuity because
of retirement below age 60.
|
However, in the case of an employee who retired on or after |
January 1,
1985 but before January 1, 1988, at age 55 or older |
and with at least 35
years of service, and who was subject |
under this subsection (a) to the
reduction in retirement |
annuity because of retirement below age 60, that
reduction |
shall cease to be effective January 1, 1991, and the retirement
|
annuity shall be recalculated accordingly.
|
Any employee who withdraws on or after July 1, 1990, with |
20 or more
years of service, may elect to receive, in lieu of |
any other employee
annuity provided in this Section, an annuity |
for life equal to 2.20% for
each year of service if withdrawal |
is before January 1, 2002, or
2.40% for each year of service if |
withdrawal is on or after January 1,
2002, of the highest |
average annual salary for any 4
consecutive years within the |
last 10 years of service immediately preceding
the date of |
withdrawal, to begin not earlier than upon attained age of 55
|
years, if under such age at withdrawal, reduced 0.25% for each |
full month
or fractional part thereof that his attained age |
when annuity is to begin
is less than 60; except that an |
employee retiring at age 55 or over but
less than age 60, |
|
having at least 30 years of service, shall not be subject
to |
the reduction in retirement annuity because of retirement below |
age 60.
|
Any employee who withdraws on or after the effective date |
of this
amendatory Act of 1997 with 20 or more years of service |
may elect to receive,
in lieu of any other employee annuity |
provided in this Section, an annuity for
life equal to 2.20% |
for each year of service if withdrawal is before
January 1, |
2002, or 2.40% for each year of service if withdrawal is
on or
|
after January 1, 2002, of the
highest average annual
salary for |
any 4 consecutive years within the last 10 years of service
|
immediately preceding the date of withdrawal, to begin not |
earlier than upon
attainment of age 55 (age 50 if the employee |
has at least 30 years of service),
reduced 0.25% for each full |
month or remaining fractional part thereof that the
employee's |
attained age when annuity is to begin is less than 60; except |
that
an employee retiring at age 50 or over with at least 30 |
years of service or at
age 55 or over with at least 25 years of |
service shall not be subject to the
reduction in retirement |
annuity because of retirement below age 60.
|
The maximum annuity payable under this paragraph (a) of |
this Section
shall not exceed 70% of highest average annual |
salary in the case of an
employee who withdraws prior to July |
1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 |
and prior to January 1, 2002, or 80% if
withdrawal
is on or |
after January 1, 2002. For the purpose of the
minimum annuity
|
|
provided in said paragraphs $1,500 shall be considered the |
minimum annual
salary for any year; and the maximum annual |
salary to be considered for the
computation of such annuity |
shall be $4,800 for any year prior to 1953,
$6,000 for the |
years 1953 to 1956, inclusive, and the actual annual salary,
as |
salary is defined in this Article, for any year thereafter.
|
(b) For an employee receiving disability benefit, his |
salary for annuity
purposes under this Section shall, for all |
periods of disability benefit
subsequent to the year 1956, be |
the amount on which his disability benefit
was based.
|
(c) An employee with 20 or more years of service, whose |
entire
disability benefit credit period expires prior to |
attainment of age 55
while still disabled for service, shall be |
entitled upon withdrawal to the
larger of (1) the minimum |
annuity provided above assuming that he is then
age 55, and |
reducing such annuity to its actuarial equivalent at his
|
attained age on such date, or (2) the annuity provided from his |
age and
service and prior service annuity credits.
|
(d) The minimum annuity provisions as aforesaid shall not |
apply to any
former employee receiving an annuity from the |
fund, and who re-enters
service as an employee, unless he |
renders at least 3 years of additional
service after the date |
of re-entry.
|
(e) An employee in service on July 1, 1947, or who became a |
contributor
after July 1, 1947 and prior to July 1, 1950, or |
who shall become a
contributor to the fund after July 1, 1950 |
|
prior to attainment of age 70,
who withdraws after age 65 with |
less than 20 years of service, for whom the
annuity has been |
fixed under the foregoing Sections of this Article shall,
in |
lieu of the annuity so fixed, receive an annuity as follows:
|
Such amount as he could have received had the accumulated |
amounts for
annuity been improved with interest at the |
effective rate to the date of
his withdrawal, or to attainment |
of age 70, whichever is earlier, and had
the city contributed |
to such earlier date for age and service annuity the
amount |
that would have been contributed had he been under age 65, |
after the
date his annuity was fixed in accordance with this |
Article, and assuming
his annuity were computed from such |
accumulations as of his age on such
earlier date. The annuity |
so computed shall not exceed the annuity which
would be payable |
under the other provisions of this Section if the employee
was |
credited with 20 years of service and would qualify for annuity
|
thereunder.
|
(f) In lieu of the annuity provided in this or in any other |
Section of
this Article, an employee having attained age 65 |
with at least 15 years of
service who withdraws from service on |
or after July 1, 1971 and whose
annuity computed under other |
provisions of this Article is less than the
amount provided |
under this paragraph shall be entitled to receive a minimum
|
annual annuity for life equal to 1% of the highest average |
annual salary
for any 4 consecutive years within the last 10 |
years of service immediately
preceding retirement for each year |
|
of his service plus the sum of $25 for
each year of service. |
Such annual annuity shall not exceed the maximum
percentages |
stated under paragraph (a) of this Section of such highest
|
average annual salary.
|
(f-1) Instead of any other retirement annuity provided in |
this Article,
an employee who has at least 10 years of service |
and withdraws from service
on or after January 1, 1999 may |
elect to receive a retirement annuity for
life, beginning no |
earlier than upon attainment of age 60, equal to 2.2%
if |
withdrawal is before January 1, 2002, or 2.4% for each year of
|
service if
withdrawal is on or after January 1, 2002, of final
|
average salary for
each
year of service, subject to a maximum |
of 75% of final average salary
if withdrawal is before January |
1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. |
For the purpose of calculating this
annuity, "final average
|
salary" means the highest average annual salary for any 4 |
consecutive years
in the last 10 years of service. |
Nothwithstanding any provision of this subsection to the |
contrary, the "final average salary" for a participant that |
received credit under item (3) of subsection (c) of Section |
11-215 means the highest average salary for any 4 consecutive |
years (or any 8 consecutive years if the employee first became |
a participant on or after January 1, 2011) in the 10 years |
immediately prior to the leave of absence, and adding to that |
highest average salary, the product of (i) that highest average |
salary, (ii) the average percentage increase in the Consumer |
|
Price Index during each 12-month calendar year for the calendar |
years during the participant's leave of absence, and (iii) the |
length of the leave of absence in years, provided that this |
shall not exceed the participant's salary at the local labor |
organization. For purposes of this Section, the Consumer Price |
Index is the Consumer Price Index for All Urban Consumers for |
all items published by the United States Department of Labor.
|
(g) Any annuity payable under the preceding subsections of |
this Section
11-134 shall be paid in equal monthly |
installments.
|
(h) The amendatory provisions of part (a) and (f) of this |
Section shall
be effective July 1, 1971 and apply in the case |
of every qualifying
employee withdrawing on or after July 1, |
1971.
|
(h-1) The changes made to this Section by Public Act 92-609 |
(increasing the retirement
formula to 2.4% per year of service |
and increasing the maximum to 80%) apply
to persons who |
withdraw from service on or after January 1, 2002, regardless
|
of whether that withdrawal takes place before the effective |
date of that Act. In the case of a person who withdraws from |
service
on or after January 1, 2002 but begins to receive a |
retirement annuity before
July 1, 2002, the annuity
shall be |
recalculated, with the increase resulting from Public Act |
92-609
accruing from the date the retirement annuity
began. The |
changes made by Public Act 92-609 control over the changes made
|
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
|
|
(i) The amendatory provisions of this amendatory Act of |
1985 relating to
the discount of annuity because of retirement |
prior to attainment of age 60
and increasing the retirement |
formula for those born before January 1, 1936,
shall apply only |
to qualifying employees withdrawing on or after
August 16, |
1985.
|
(j) Beginning on January 1, 1999, the minimum amount of |
employee's annuity
shall be $850 per month for life for the |
following classes of employees,
without regard to the fact that |
withdrawal occurred prior to the effective
date of this |
amendatory Act of 1998:
|
(1) any employee annuitant alive and receiving a life |
annuity on the
effective date of this amendatory Act of |
1998, except a reciprocal
annuity;
|
(2) any employee annuitant alive and receiving a term |
annuity on the
effective date of this amendatory Act of |
1998, except a reciprocal
annuity;
|
(3) any employee annuitant alive and receiving a |
reciprocal annuity on
the effective date of this amendatory |
Act of 1998, whose service
in this fund is at least 5 |
years;
|
(4) any employee annuitant withdrawing after age 60 on |
or after the
effective date of this amendatory Act of 1998, |
with at least 10
years of service in this fund.
|
The increases granted under items (1), (2) and (3) of this |
subsection (j)
shall not be limited by any other Section of |
|
this Act.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
|
Sec. 11-215. Computation of service.
|
(a) In computing the term of service of an employee prior |
to the effective
date, the entire period beginning on the date |
he was first appointed and ending
on the day before the |
effective date, except any intervening period during
which he |
was separated by withdrawal from service, shall be counted for |
all
purposes of this Article. Only the first year of each |
period of lay-off or
leave of absence without pay, continuing |
or extending for a period in excess
of one year, shall be |
counted as such service.
|
(b) For a person employed by an employer for whom this |
Article was in effect
prior to August 1, 1949, from whose |
salary deductions are first made under
this Article after July |
31, 1949, any period of service rendered prior to
the effective |
date, unless he was in service on the day before the
effective |
date, shall not be counted as service.
|
(c) In computing the term of service of an employee |
subsequent to the day
before the effective date, the following |
periods of time shall be counted
as periods of service for |
annuity purposes:
|
(1) the time during which he performed the duties of |
his position;
|
|
(2) leaves of absence with whole or part pay, and |
leaves of absence
without pay not longer than 90 days;
|
(3) leaves of absence without pay that begin before the |
effective date of this amendatory Act of the 97th General |
Assembly and during which a participant is
employed |
full-time by a local labor organization that represents |
municipal
employees, provided that (A) the participant |
continues to make employee
contributions to the Fund as |
though he were an active employee, based
on the regular |
salary rate received by the
participant for his municipal |
employment immediately prior to such leave of
absence (and |
in the case of such employment prior to December 9, 1987,
|
pays to the Fund an amount equal to the employee |
contributions for such
employment plus regular interest |
thereon as calculated by the board), and
based on his |
current salary with such labor organization after the
|
effective date of this amendatory Act of 1991, (B) after |
January 1, 1989
the participant, or the labor organization |
on the participant's behalf,
makes contributions to the |
Fund as though it were the employer, in the same
amount and |
same manner as specified under this Article, based on the
|
regular salary rate received by the participant for his |
municipal
employment immediately prior to such leave of |
absence, and
based on his current salary with such labor |
organization after the
effective date of this amendatory |
Act of 1991, and (C)
the participant does
not receive |
|
credit in any pension plan established by the local labor
|
organization based on his employment by the organization;
|
(4) any period of disability for which he received (i) |
a disability
benefit under this Article, or (ii) a |
temporary total disability benefit
under the Workers' |
Compensation Act if the disability results from a
condition |
commonly termed heart attack or stroke or any other |
condition
falling within the broad field of coronary |
involvement or heart disease,
or (iii) whole or part pay.
|
(d) For a person employed by an employer, or the retirement |
board, in which
"The 1935 Act" was in effect prior to August 1, |
1949, from whose salary
deductions are first made under "The |
1935 Act" or this Article after July
31, 1949, any period of |
service rendered subsequent to the effective date
and prior to |
August 1, 1949, shall not be counted as a period of service
|
under this Article, except such period for which he made |
payment, as
provided in Section 11-221 of this Article, in |
which case such period
shall be counted as a period of service |
for all annuity purposes hereunder.
|
(e) In computing the term of service of an employee |
subsequent to the day
before the effective date for ordinary |
disability benefit purposes, the
following periods of time |
shall be counted as periods of service:
|
(1) any period during which he performed the duties of |
his position;
|
(2) leaves of absence with whole or part pay;
|
|
(3) any period of disability for which he received (i)
|
a duty disability benefit under this Article, or (ii) a |
temporary total
disability benefit under the Workers' |
Compensation Act if the disability
results from a condition |
commonly termed heart attack or stroke or any
other |
condition falling within the broad field of coronary |
involvement or
heart disease, or (iii) whole or part pay.
|
However, any period of service rendered by an employee |
contributor prior to
the date he became a contributor to the |
fund shall not be counted as a
period of service for ordinary |
disability purposes, unless the person
made payment for the |
period as provided in Section 11-221 of this Article, in
which |
case the period shall be counted as a period of service for |
ordinary
disability purposes for periods of disability on or |
after the effective date of
this amendatory Act of 1997.
|
Overtime or extra service shall not be included in |
computing any term of
service. Not more than 1 year of service |
shall be allowed for service
rendered during any calendar year.
|
For the purposes of this Section, the phrase "any pension |
plan established by the local labor organization" means any |
pension plan in which a participant may receive credit as a |
result of his or her membership in the local labor |
organization, including, but not limited to, the local labor |
organization itself and its affiliates at the local, |
intrastate, State, multi-state, national, or international |
level. The definition of this phrase is a declaration of |
|
existing law and shall not be construed as a new enactment. |
(Source: P.A. 90-511, eff. 8-22-97.)
|
(40 ILCS 5/11-217) (from Ch. 108 1/2, par. 11-217)
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Sec. 11-217. Basis of annual salary. For the purpose of |
this Article,
the annual salary of an employee whose salary or |
wage is
appropriated, fixed, or arranged in the annual |
appropriation ordinance upon
other than an annual basis shall |
be determined as follows:
|
(a) If the employee is paid on a monthly basis, the annual |
salary
is 12 times the monthly salary. If
the employee is paid |
on a weekly basis, the annual salary is 52 times
the weekly |
salary.
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"Monthly salary" means the amount of compensation or salary
|
appropriated and payable for a normal and regular month's work |
in the
employee's position in the service. "Weekly salary" |
means
the amount of compensation or salary appropriated and |
payable
for a normal and regular week's work in the employee's |
position in the
service. If the work is on a regularly |
scheduled part time basis, then "monthly salary" and "weekly |
salary" refer,
respectively, to the part time monthly or weekly |
salary.
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If the appropriation for the position is for a shorter |
period than 12
months a year, or 52 weeks a year if on a weekly |
basis, or the employee is
in a class, grade, or category in |
which the employee normally works for fewer than 12
months or |
|
52 weeks a year, then the basis shall be adjusted
downward to |
the extent that the appropriated or
customary work period is |
less than the normal 12 months or 52
weeks of service in a |
year.
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Compensation for overtime, at regular or overtime rates, |
that is paid in
addition to the appropriated regular and normal |
monthly or weekly salary
shall not be considered.
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(b) If the employee is paid on a daily basis, the annual |
salary
is 260 times the daily wage. If the
employee is paid on |
an hourly basis, the annual salary is 2080 times
the hourly |
wage.
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The norm is based on a 12-month per year, 5-day work week |
of 8 hours per
day and 40 hours per week, with consideration |
given only to time
compensated for at the straight time rate of |
compensation or wage. The
norm shall be increased (subject to a |
maximum of 300 days or 2400 hours per
year) or decreased for an |
employee
to the extent that the normal and established work |
period, at the
straight time compensation or wage for the |
position held in the
class, grade, or category in which the |
employee is assigned, is
for a greater or lesser number of |
months, weeks, days, or hours than
the period on which the |
established norm is based.
|
"Daily wage" and "hourly wage" mean,
respectively, the |
normal, regular, or basic straight time rate of
compensation or |
wage appropriated and payable for a normal and regular
day's |
work, or hour's work, in the employee's position in the |
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service.
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Any time worked in excess of the norm (or the increased or |
decreased
norm, whichever is applicable) that is compensated |
for at overtime,
premium, or other than regular or basic |
straight time rates shall not be
considered as time worked, and |
the compensation for that work shall not
be considered as |
salary or wage. Such time and compensation shall in
every case |
and for all purposes be considered overtime and shall be
|
excluded for all purposes under this Article. However, the
|
straight time portion of compensation or wage, for time worked |
on holidays
that fall within an employee's established norm, |
shall be
included for all purposes under this Article.
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(c) For minimum annuity purposes under Section 11-134, |
where a
salary rate change occurs during the year, it shall be |
considered that the
annual salary for that year is (1) the |
annual
equivalent of the monthly, weekly, daily, or hourly |
salary or
wage rate that was applicable for the greater number |
of months,
weeks, days, or hours (whichever is applicable) in
|
the year under consideration, or (2) the annual equivalent
of |
the average salary or wage rate in effect for the employee |
during the
year, whichever is greater. The average salary or |
wage rate shall be
calculated by multiplying each salary or |
wage rate in effect for the
employee during the year by the |
number of months, weeks, days, or hours
(whichever is |
applicable) during which that rate was in effect, and
dividing |
the sum of the resulting products by the total number of |
|
months,
weeks, days, or hours (whichever is applicable) worked |
by the employee
during the year.
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(d) The changes to subsection (c) made by this amendatory |
Act of 1997
apply to persons withdrawing from service on or |
after July 1, 1990 and for each
such person are intended to be |
retroactive to the date upon which the affected
annuity began. |
The Fund shall recompute the affected annuity and shall pay the
|
additional amount due for the period before the increase |
resulting from this
amendatory Act in a lump sum, without |
interest.
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(e) This Article shall not be construed to authorize a |
salary paid by an entity other than an employer, as defined in |
Section 11-107, to be used to calculate the highest average |
annual salary of a participant. This subsection (e) is a |
declaration of existing law and shall not be construed as a new |
enactment. |
(Source: P.A. 90-31, eff. 6-27-97.)
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(40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
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Sec. 15-107. Employee.
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(a) "Employee" means any member of the educational, |
administrative,
secretarial, clerical, mechanical, labor or |
other staff of an employer
whose employment is permanent and |
continuous or who is employed in a
position in which services |
are expected to be rendered on a continuous
basis for at least |
4 months or one academic term, whichever is less, who
(A) |
|
receives payment for personal services on a warrant issued |
pursuant to
a payroll voucher certified by an employer and |
drawn by the State
Comptroller upon the State Treasurer or by |
an employer upon trust, federal
or other funds, or (B) is on a |
leave of absence without pay. Employment
which is irregular, |
intermittent or temporary shall not be considered
continuous |
for purposes of this paragraph.
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However, a person is not an "employee" if he or she:
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(1) is a student enrolled in and regularly attending |
classes in a
college or university which is an employer, |
and is employed on a temporary
basis at less than full |
time;
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(2) is currently receiving a retirement annuity or a |
disability
retirement annuity under Section 15-153.2 from |
this System;
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(3) is on a military leave of absence;
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(4) is eligible to participate in the Federal Civil |
Service Retirement
System and is currently making |
contributions to that system based upon
earnings paid by an |
employer;
|
(5) is on leave of absence without pay for more than 60 |
days
immediately following termination of disability |
benefits under this
Article;
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(6) is hired after June 30, 1979 as a public service |
employment program
participant under the Federal |
Comprehensive Employment and Training Act
and receives |
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earnings in whole or in part from funds provided under that
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Act; or
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(7) is employed on or after July 1, 1991 to perform |
services that
are excluded by subdivision (a)(7)(f) or |
(a)(19) of Section 210 of the
federal Social Security Act |
from the definition of employment given in that
Section (42 |
U.S.C. 410).
|
(b) Any employer may, by filing a written notice with the |
board, exclude
from the definition of "employee" all persons |
employed pursuant to a federally
funded contract entered into |
after July 1, 1982 with a federal military
department in a |
program providing training in military courses to federal
|
military personnel on a military site owned by the United |
States Government,
if this exclusion is not prohibited by the |
federally funded contract or
federal laws or rules governing |
the administration of the contract.
|
(c) Any person appointed by the Governor under the Civil |
Administrative
Code of the State is an employee, if he or she |
is a participant in this
system on the effective date of the |
appointment.
|
(d) A participant on lay-off status under civil service |
rules is
considered an employee for not more than 120 days from |
the date of the lay-off.
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(e) A participant is considered an employee during (1) the |
first 60 days
of disability leave, (2) the period, not to |
exceed one year, in which his
or her eligibility for disability |
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benefits is being considered by the board
or reviewed by the |
courts, and (3) the period he or she receives disability
|
benefits under the provisions of Section 15-152, workers' |
compensation or
occupational disease benefits, or disability |
income under an insurance
contract financed wholly or partially |
by the employer.
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(f) Absences without pay, other than formal leaves of |
absence, of less
than 30 calendar days, are not considered as |
an interruption of a person's
status as an employee. If such |
absences during any period of 12 months
exceed 30 work days, |
the employee status of the person is considered as
interrupted |
as of the 31st work day.
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(g) A staff member whose employment contract requires |
services during
an academic term is to be considered an |
employee during the summer and
other vacation periods, unless |
he or she declines an employment contract
for the succeeding |
academic term or his or her employment status is
otherwise |
terminated, and he or she receives no earnings during these |
periods.
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(h) An individual who was a participating employee employed |
in the fire
department of the University of Illinois's |
Champaign-Urbana campus immediately
prior to the elimination |
of that fire department and who immediately after the
|
elimination of that fire department became employed by the fire |
department of
the City of Urbana or the City of Champaign shall |
continue to be considered as
an employee for purposes of this |
|
Article for so long as the individual remains
employed as a |
firefighter by the City of Urbana or the City of Champaign. The
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individual shall cease to be considered an employee under this |
subsection (h)
upon the first termination of the individual's |
employment as a firefighter by
the City of Urbana or the City |
of Champaign.
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(i) An individual who is employed on a full-time basis as |
an officer
or employee of a statewide teacher organization that |
serves System
participants or an officer of a national teacher |
organization that serves
System participants may participate |
in the System and shall be deemed an
employee, provided that |
(1) the individual has previously earned
creditable service |
under this Article, (2) the individual files with the
System an |
irrevocable election to become a participant before the |
effective date of this amendatory Act of the 97th General |
Assembly , and (3) the
individual does not receive credit for |
that employment under any other Article
of this Code , and (4) |
the individual first became a full-time employee of the teacher |
organization and becomes a participant before the effective |
date of this amendatory Act of the 97th General Assembly . An |
employee under this subsection (i) is responsible for paying
to |
the System both (A) employee contributions based on the actual |
compensation
received for service with the teacher |
organization and (B) employer
contributions equal to the normal |
costs (as defined in Section 15-155)
resulting from that |
service; all or any part of these contributions may be
paid on |
|
the employee's behalf or picked up for tax purposes (if |
authorized
under federal law) by the teacher organization.
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A person who is an employee as defined in this subsection |
(i) may establish
service credit for similar employment prior |
to becoming an employee under this
subsection by paying to the |
System for that employment the contributions
specified in this |
subsection, plus interest at the effective rate from the
date |
of service to the date of payment. However, credit shall not be |
granted
under this subsection for any such prior employment for |
which the applicant
received credit under any other provision |
of this Code, or during which
the applicant was on a leave of |
absence under Section 15-113.2.
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(j) A person employed by the State Board of Higher |
Education in a position with the Illinois Century Network as of |
June 30, 2004 shall be considered to be an employee for so long |
as he or she remains continuously employed after that date by |
the Department of Central Management Services in a position |
with the Illinois Century Network, the Bureau of Communication |
and Computer Services, or, if applicable, any successor bureau
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and meets the requirements of subsection (a).
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(Source: P.A. 95-369, eff. 8-23-07.)
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(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
|
Sec. 16-106. Teacher. "Teacher": The following |
individuals, provided
that, for employment prior to July 1, |
1990, they are employed on a
full-time basis, or if not |
|
full-time, on a permanent and continuous basis
in a position in |
which services are expected to be rendered for at least
one |
school term:
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(1) Any educational, administrative, professional or |
other staff employed
in the public common schools included |
within this system in a position
requiring certification |
under the law governing the certification of
teachers;
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(2) Any educational, administrative, professional or |
other staff employed
in any facility of the Department of |
Children and Family Services or the
Department of Human |
Services, in a position requiring certification under
the |
law governing the certification of teachers, and any person |
who (i)
works in such a position for the Department of |
Corrections, (ii) was a member
of this System on May 31, |
1987, and (iii) did not elect to become a member of
the |
State Employees' Retirement System pursuant to Section |
14-108.2 of this
Code; except that "teacher" does not |
include any person who (A) becomes
a security employee of |
the Department of Human Services, as defined in
Section |
14-110, after June 28, 2001 (the effective date of Public |
Act
92-14), or (B) becomes a member of the State Employees'
|
Retirement System pursuant to Section 14-108.2c of this |
Code;
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(3) Any regional superintendent of schools, assistant |
regional
superintendent of schools, State Superintendent |
of Education; any person
employed by the State Board of |
|
Education as an executive; any executive of
the boards |
engaged in the service of public common school education in
|
school districts covered under this system of which the |
State
Superintendent of Education is an ex-officio member;
|
(4) Any employee of a school board association |
operating in compliance
with Article 23 of the School Code |
who is certificated under the law
governing the |
certification of teachers;
|
(5) Any person employed by the retirement system
who:
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(i) was an employee of and a participant in the |
system on August 17,
2001 (the effective date of Public |
Act 92-416), or
|
(ii) becomes an employee of the system on or after |
August 17, 2001;
|
(6) Any educational, administrative, professional or |
other staff
employed by and under the supervision and |
control of a regional
superintendent of schools, provided |
such employment position requires the
person to be |
certificated under the law governing the certification of
|
teachers and is in an educational program serving 2 or more |
districts in
accordance with a joint agreement authorized |
by the School Code or by federal
legislation;
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(7) Any educational, administrative, professional or |
other staff employed
in an educational program serving 2 or |
more school districts in accordance
with a joint agreement |
authorized by the School Code or by federal
legislation and |
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in a position requiring certification under the laws
|
governing the certification of teachers;
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(8) Any officer or employee of a statewide teacher |
organization or
officer of a national teacher organization |
who is certified under the law
governing certification of |
teachers, provided: (i) the individual had
previously |
established creditable service under this Article, (ii) |
the
individual files with the system an irrevocable |
election to become a member before the effective date of |
this amendatory Act of the 97th General Assembly ,
and (iii) |
the individual does not receive credit for such service |
under any
other Article of this Code , and (iv) the |
individual first became an officer or employee of the |
teacher organization and becomes a member before the |
effective date of this amendatory Act of the 97th General |
Assembly ;
|
(9) Any educational, administrative, professional, or |
other staff
employed in a charter school operating in |
compliance with the Charter
Schools Law who is certificated |
under the law governing the certification
of teachers.
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(10) Any person employed, on the effective date of this |
amendatory Act of the 94th General Assembly, by the |
Macon-Piatt Regional Office of Education in a |
birth-through-age-three pilot program receiving funds |
under Section 2-389 of the School Code who is required by |
the Macon-Piatt Regional Office of Education to hold a |
|
teaching certificate, provided that the Macon-Piatt |
Regional Office of Education makes an election, within 6 |
months after the effective date of this amendatory Act of |
the 94th General Assembly, to have the person participate |
in the system. Any service established prior to the |
effective date of this amendatory Act of the 94th General |
Assembly for service as an employee of the Macon-Piatt |
Regional Office of Education in a birth-through-age-three |
pilot program receiving funds under Section 2-389 of the |
School Code shall be considered service as a teacher if |
employee and employer contributions have been received by |
the system and the system has not refunded those |
contributions.
|
An annuitant receiving a retirement annuity under this |
Article or under
Article 17 of this Code who is employed by a |
board of education
or other employer as permitted under Section |
16-118
or 16-150.1 is not a "teacher" for purposes of this |
Article. A person who
has received a single-sum retirement |
benefit under Section 16-136.4 of this
Article is not a |
"teacher" for purposes of this Article. |
A person who is a teacher as described in item (8) of this |
Section may establish service credit for similar employment |
prior to becoming certified as a teacher if he or she (i) is |
certified as a teacher on or before the effective date of this |
amendatory Act of the 94th General Assembly, (ii) applies in |
writing to the system within 6 months after the effective date |
|
of this amendatory Act of the 94th General Assembly, and (iii) |
pays to the system contributions equal to the normal costs |
calculated from the date of first full-time employment as |
described in item (8) to the date of payment, compounded |
annually at the rate of 8.5% per year for periods before the |
effective date of this amendatory Act of the 94th General |
Assembly and for subsequent periods at a rate equal to the |
System's actuarially assumed rate of return on investments. |
However, credit shall not be granted under this paragraph for |
any such prior employment for which the applicant received |
credit under any other provision of this Code.
|
(Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
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(40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
|
Sec. 17-134. Contributions for leaves of absence; military |
service;
computing service. In computing service for pension |
purposes the following
periods of service shall stand in lieu |
of a like number of years of teaching
service upon payment |
therefor in the manner hereinafter provided: (a) time
spent on |
a leave of absence granted by the
employer;
(b) service with |
teacher or labor organizations based upon special
leaves of |
absence therefor granted by an Employer; (c) a maximum of 5 |
years
spent in the military service of the United States, of |
which up to 2 years
may have been served outside the pension |
period; (d) unused sick days at
termination of service to a |
maximum of 244 days; (e) time lost due
to layoff and |
|
curtailment of the school term from June 6 through June 21, |
1976;
and (f) time spent after June 30, 1982 as a member of the |
Board of Education,
if required to resign from an |
administrative or teaching position in order to
qualify as a |
member of the Board of Education.
|
(1) For time spent on or after September 6, 1948 on |
sabbatical
leaves of absence or sick leaves, for which |
salaries are paid, an Employer
shall make payroll |
deductions at the applicable rates in effect
during such |
periods.
|
(2) For time spent on a leave of absence granted by the |
employer for which no salaries are paid,
teachers desiring |
credit therefor shall pay the required contributions at the
|
rates in effect during such periods as though they were in |
teaching service.
If an Employer pays salary for vacations |
which occur during a teacher's sick
leave or maternity or |
paternity leave without salary, vacation pay for which
the |
teacher would have qualified while in active service shall |
be considered
part of the teacher's total salary for |
pension purposes. No more than 36 months of leave credit |
may be
allowed any person during the entire term of |
service. Sabbatical leave credit
shall be limited to the |
time the person on leave without salary under an
Employer's |
rules is allowed to engage in an activity for which he |
receives
salary or compensation.
|
(3) For time spent prior to September 6, 1948, on |
|
sabbatical
leaves of absence or sick leaves for which |
salaries were paid, teachers
desiring service credit |
therefor shall pay the required contributions at the
|
maximum applicable rates in effect during such periods.
|
(4) For service with teacher or labor organizations |
authorized by special
leaves of absence, for which no |
payroll deductions are made by an Employer,
teachers |
desiring service credit therefor shall contribute to the |
Fund upon
the basis of the actual salary received from such |
organizations at the
percentage rates in effect during such |
periods for certified positions with
such Employer. To the |
extent the actual salary exceeds the regular salary,
which |
shall be defined as the salary rate, as calculated by the |
Board, in
effect for the teacher's regular position in |
teaching service on September 1,
1983 or on the effective |
date of the leave with the organization, whichever is
|
later, the organization shall pay to the Fund the |
employer's normal cost as set
by the Board on the |
increment. Notwithstanding any other provision of this |
subdivision (4), teachers are only eligible for credit for |
service under this subdivision (4) if the special leave of |
absence begins before the effective date of this amendatory |
Act of the 97th General Assembly.
|
(5) For time spent in the military service, teachers |
entitled to and
desiring credit therefor shall contribute |
the amount required for each year
of service or fraction |
|
thereof at the rates in force (a) at the date of
|
appointment, or (b) on return to teaching service as a |
regularly certified
teacher, as the case may be; provided |
such rates shall not be less than $450
per year of service. |
These conditions shall apply unless an Employer elects
to |
and does pay into the Fund the amount which would have been |
due from such
person had he been employed as a teacher |
during such time. In the case of
credit for military |
service not during the pension period, the teacher must
|
also pay to the Fund an amount determined by the Board to |
be equal to the
employer's normal cost of the benefits |
accrued from such service, plus interest
thereon at 5% per |
year, compounded annually, from the date of appointment to
|
the date of payment.
|
The changes to this Section made by Public Act 87-795 |
shall apply
not only to persons who on or after its |
effective
date are in service under the Fund, but also to |
persons whose status as a
teacher terminated prior to that |
date, whether or not the person is an
annuitant on that |
date. In the case of an annuitant who applies for credit
|
allowable under this Section for a period of military |
service that did not
immediately follow employment, and who |
has made the required contributions for
such credit, the |
annuity shall be recalculated to include the additional
|
service credit, with the increase taking effect on the date |
the Fund received
written notification of the annuitant's |
|
intent to purchase the credit, if
payment of all the |
required contributions is made within 60 days of such
|
notice, or else on the first annuity payment date following |
the date of
payment of the required contributions. In |
calculating the automatic annual
increase for an annuity |
that has been recalculated under this Section, the
increase |
attributable to the additional service allowable under |
this
amendatory Act of 1991 shall be included in the |
calculation of automatic
annual increases accruing after |
the effective date of the recalculation.
|
The total credit for military service shall not exceed |
5 years, except
that any teacher who on July 1, 1963, had |
validated credit for more than 5
years of military service |
shall be entitled to the total amount of such credit.
|
(6) A maximum of 244 unused sick days credited to his |
account
by an Employer on the date of termination of |
employment. Members, upon
verification of unused sick |
days, may add this service time to total creditable
|
service.
|
(7) In all cases where time spent on leave is |
creditable and
no payroll deductions therefor are made by |
an Employer, persons
desiring service credit shall make the |
required contributions directly to
the Fund.
|
(8) For time lost without pay due to layoff and |
curtailment of
the school term from June 6 through June 21, |
1976, as provided in item (e) of
the first paragraph of |
|
this Section, persons who were contributors on
the days |
immediately preceding such layoff shall receive credit |
upon
paying to the Fund a contribution based on the rates |
of compensation and
employee contributions in effect at the |
time of such layoff, together
with an additional amount |
equal to 12.2% of the compensation computed
for such period |
of layoff, plus interest on the entire amount at 5% per
|
annum from January 1, 1978 to the date of payment. If such |
contribution
is paid, salary for pension purposes for any |
year in which such a layoff
occurred shall include the |
compensation recognized for purposes of
computing that |
contribution.
|
(9) For time spent after June 30, 1982, as a |
nonsalaried member
of the Board of Education, if required |
to resign from an administrative or
teaching position in |
order to qualify as a member of the Board of
Education, an |
administrator or teacher desiring credit therefor shall |
pay
the required contributions at the rates and salaries in |
effect during such
periods as though the member were in |
service.
|
Effective September 1, 1974, the interest charged for |
validation of
service described in paragraphs (2) through (5) |
of this Section shall be
compounded annually at a rate of 5% |
commencing one
year after the termination of the leave or |
return to service.
|
(Source: P.A. 92-599, eff. 6-28-02 .)
|
|
Section 97. Retroactive repeal. This amendatory Act of the |
97th General Assembly hereby repeals and declares void ab |
initio the last paragraph of Section 16-106 of the Illinois |
Pension Code as contained in Public Act 94-1111 as that |
paragraph furnishes no vested rights because it violates |
multiple provisions of the 1970 Illinois Constitution, |
including, but not limited to, Article VIII, Section 1. Upon |
receipt of an application within 6 months after the effective |
date of this amendatory Act of the 97th General Assembly, the |
System shall immediately refund any contributions made by or on |
behalf of a person to receive service credit pursuant to the |
text set forth in Public Act 94-1111, as well as any amount |
determined by the Board to be equal to the investment earned by |
the System on those contributions since their receipt. |
Section 98. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|