Personnel and Pensions Committee
Adopted in House Comm. on Apr 29, 2004
 
 

 




 

 		












09300SB3200ham001

LRB093 21123 LRD 49952 a






1

AMENDMENT TO SENATE BILL 3200




2
    AMENDMENT NO. ______. Amend Senate Bill 3200 by replacing 
3
the title with the following:
 
4
    "AN ACT in relation to public employee benefits."; and
  
5
by replacing  everything after the enacting clause with the 
6
following:

 
7
    "Section 5. The Illinois Pension Code is amended  by 
8
changing Section 14-103.05 as follows:
 



9
    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)



10
    Sec. 14-103.05. Employee. 

11
    (a) Any person employed by a Department who receives salary

12
for personal services rendered to the Department on a warrant

13
issued pursuant to a payroll voucher certified by a Department 
14
and drawn
by the State Comptroller upon the State Treasurer, 
15
including an elected
official described in subparagraph (d) of 
16
Section 14-104, shall become
an employee for purpose of 
17
membership in the Retirement System on the
first day of such 
18
employment.

19
    A person entering service on or after January 1, 1972 and 
20
prior to January
1, 1984 shall become a member as a condition 
21
of employment and shall begin
making contributions as of the 
22
first day of employment.

 


 






09300SB3200ham001
- 2 -
LRB093 21123 LRD 49952 a




1
    A person entering service on or after January 1, 1984 
2
shall, upon completion
of 6 months of continuous service which 
3
is not interrupted by a break of more
than 2 months, become a 
4
member as a condition of employment.  Contributions
shall begin 
5
the first of the month after completion of the qualifying 
6
period.

7
    The qualifying period of 6 months of service is not 
8
applicable to:  (1)
a person who has been granted credit for 
9
service in a position covered by
the State Universities 
10
Retirement System, the Teachers' Retirement System
of the State 
11
of Illinois, the General Assembly Retirement System, or the

12
Judges Retirement System of Illinois unless that service has 
13
been forfeited
under the laws of those systems; (2) a person 
14
entering service on or
after July 1, 1991 in a noncovered 
15
position; or (3) a person to whom Section
14-108.2a or 
16
14-108.2b applies.

17
    (b) The term "employee" does not include the following:


18
        (1) members of the State Legislature, and persons 
19
electing to become
members of the General Assembly 
20
Retirement System pursuant to Section 2-105;


21
        (2) incumbents of offices normally filled by vote of 
22
the people;


23
        (3) except as otherwise provided in this Section, any 
24
person
appointed
by the Governor with the advice and 
25
consent
of the Senate unless that person elects to 
26
participate in this system;

27
        (3.1) any person serving as a commissioner of an ethics 
28
commission created under the State Officials and Employees 
29
Ethics Act unless that person elects to participate in this 
30
system with respect to that service as a commissioner;


31
        (4) except as provided in Section 14-108.2 or 
32
14-108.2c, any person
who is covered or eligible to be 
33
covered by the Teachers' Retirement System of
the State of 
34
Illinois, the State Universities Retirement System, or the 
 


 






09300SB3200ham001
- 3 -
LRB093 21123 LRD 49952 a




1
Judges
Retirement System of Illinois;


2
        (5) an employee of a municipality or any other 
3
political subdivision
of the State;


4
        (6) any person who becomes an employee after June 30, 
5
1979 as a
public service employment program participant 
6
under the Federal
Comprehensive Employment and Training 
7
Act and whose wages or fringe
benefits are paid in whole or 
8
in part by funds provided under such Act;


9
        (7) enrollees of the Illinois Young Adult Conservation 
10
Corps program,
administered by the Department of Natural 
11
Resources, authorized grantee
pursuant to Title VIII of the 
12
"Comprehensive Employment and Training Act of
1973", 29 USC 
13
993, as now or hereafter amended;


14
        (8) enrollees and temporary staff of programs 
15
administered by the
Department of Natural Resources under 
16
the Youth
Conservation Corps Act of 1970;


17
        (9) any person who is a member of any professional 
18
licensing or
disciplinary board created under an Act 
19
administered by the Department of
Professional Regulation 
20
or a successor agency or created or re-created
after the 
21
effective date of this amendatory Act of 1997, and who 
22
receives
per diem compensation rather than a salary, 
23
notwithstanding that such per diem
compensation is paid by 
24
warrant issued pursuant to a payroll voucher; such
persons 
25
have never been included in the membership of this System, 
26
and this
amendatory Act of 1987 (P.A. 84-1472) is not 
27
intended to effect any change in
the status of such 
28
persons;


29
        (10) any person who is a member of the Illinois Health 
30
Care Cost
Containment Council, and receives per diem 
31
compensation rather than a
salary, notwithstanding that 
32
such per diem compensation is paid by warrant
issued 
33
pursuant to a payroll voucher; such persons have never been 
34
included
in the membership of this System, and this 
 


 






09300SB3200ham001
- 4 -
LRB093 21123 LRD 49952 a




1
amendatory Act of 1987 is not
intended to effect any change 
2
in the status of such persons; or


3
        (11) any person who is a member of the Oil and Gas 
4
Board created by
Section 1.2 of the Illinois Oil and Gas 
5
Act, and receives per diem
compensation rather than a 
6
salary, notwithstanding that such per diem
compensation is 
7
paid by warrant issued pursuant to a payroll voucher.

8
(Source: P.A. 92-14, eff. 6-28-01.)


 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.".