Sen. Larry K. Bomke
Filed: 5/5/2010
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1 | AMENDMENT TO HOUSE BILL 4644
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2 | AMENDMENT NO. ______. Amend House Bill 4644 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 7-142, 7-142.1, 7-145.1, 9-121.6, 14-104, | ||||||
6 | and 15-113.11 and by adding Section 9-128.2 as follows: | ||||||
7 | (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) | ||||||
8 | Sec. 7-142. Retirement annuities - Amount. | ||||||
9 | (a) The amount of a retirement annuity shall be the sum of | ||||||
10 | the
following, determined in accordance with the actuarial | ||||||
11 | tables in effect at
the time of the grant of the annuity: | ||||||
12 | 1. For employees with 8 or more years of service, an | ||||||
13 | annuity
computed pursuant to subparagraphs a or b of this | ||||||
14 | subparagraph 1,
whichever is the higher, and for employees | ||||||
15 | with less than 8 years of
service the annuity computed | ||||||
16 | pursuant to subparagraph a: |
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1 | a. The monthly annuity which can be provided from | ||||||
2 | the total
accumulated normal, municipality and prior | ||||||
3 | service credits, as of the
attained age of the employee | ||||||
4 | on the date the annuity begins provided
that such | ||||||
5 | annuity shall not exceed 75% of the final rate of | ||||||
6 | earnings of
the employee. | ||||||
7 | b. (i) The monthly annuity amount determined as | ||||||
8 | follows by
multiplying (a) 1 2/3% for annuitants with | ||||||
9 | not more than 15 years or (b)
1 2/3% for the first 15 | ||||||
10 | years and 2% for each year in excess of 15 years
for | ||||||
11 | annuitants with more than 15 years by the number of | ||||||
12 | years plus
fractional years, prorated on a basis of | ||||||
13 | months, of creditable service
and multiply the product | ||||||
14 | thereof by the employee's final rate of earnings. | ||||||
15 | (ii) For the sole purpose of computing the formula | ||||||
16 | (and not for the
purposes of the limitations | ||||||
17 | hereinafter stated) $125 shall be considered
the final | ||||||
18 | rate of earnings in all cases where the final rate of | ||||||
19 | earnings
is less than such amount. | ||||||
20 | (iii) The monthly annuity computed in accordance | ||||||
21 | with this
subparagraph b, shall not exceed an amount | ||||||
22 | equal to 75% of the final
rate of earnings. | ||||||
23 | (iv) For employees who have less than 35 years of | ||||||
24 | service, the
annuity computed in accordance with this | ||||||
25 | subparagraph b (as reduced by
application of | ||||||
26 | subparagraph (iii)
above) shall be reduced by 0.25% |
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1 | thereof (0.5% if service was terminated
before January | ||||||
2 | 1, 1988) for each month or fraction thereof (1) that | ||||||
3 | the
employee's age is less than 60 years, or (2) if the | ||||||
4 | employee has at least
30 years of service credit, that | ||||||
5 | the employee's service credit is less than
35 years, | ||||||
6 | whichever is less, on the date the annuity begins. | ||||||
7 | 2. The annuity which can be provided from the total | ||||||
8 | accumulated
additional credits as of the attained age of | ||||||
9 | the employee on the date
the annuity begins. | ||||||
10 | (b) If payment of an annuity begins prior to the earliest | ||||||
11 | age at
which the employee will become eligible for an old age | ||||||
12 | insurance benefit
under the Federal Social Security Act, he may | ||||||
13 | elect that the annuity
payments from this fund shall exceed | ||||||
14 | those payable after his attaining
such age by an amount, | ||||||
15 | computed as determined by rules of the Board, but
not in excess | ||||||
16 | of his estimated Social Security Benefit, determined as
of the | ||||||
17 | effective date of the annuity, provided that in no case shall | ||||||
18 | the
total annuity payments made by this fund exceed in | ||||||
19 | actuarial value the
annuity which would have been payable had | ||||||
20 | no such election been made. | ||||||
21 | (c) The retirement annuity shall be increased each year by | ||||||
22 | 2%, not
compounded, of the monthly amount of annuity, taking | ||||||
23 | into consideration
any adjustment under paragraph (b) of this | ||||||
24 | Section. This increase shall
be effective each January 1 and | ||||||
25 | computed from the effective date of the
retirement annuity, the | ||||||
26 | first increase being .167% of the monthly amount
times the |
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1 | number of months from the effective date to January 1. | ||||||
2 | Beginning
January 1, 1984 and thereafter, the retirement | ||||||
3 | annuity shall be increased
by 3% each year, not compounded. | ||||||
4 | This increase shall not be applicable to
annuitants who are not | ||||||
5 | in service on or after September 8, 1971. | ||||||
6 | (d) Any elected county officer who was entitled to receive | ||||||
7 | a stipend from the State on or after July 1, 2009 and on or | ||||||
8 | before June 30, 2010 may establish earnings credit for the | ||||||
9 | amount of stipend not received, if the elected county official | ||||||
10 | applies in writing to the fund within 6 months after the | ||||||
11 | effective date of this amendatory Act of the 96th General | ||||||
12 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
13 | contributions on the amount of stipend not received, (ii) | ||||||
14 | employer contributions determined by the Board equal to the | ||||||
15 | employer's normal cost of the benefit on the amount of stipend | ||||||
16 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
17 | actuarially assumed rate. | ||||||
18 | (Source: P.A. 91-357, eff. 7-29-99.) | ||||||
19 | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | ||||||
20 | Sec. 7-142.1. Sheriff's law enforcement employees.
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21 | (a) In lieu of the retirement annuity provided by | ||||||
22 | subparagraph 1 of
paragraph (a) of Section 7-142:
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23 | Any sheriff's law enforcement employee who
has 20 or more | ||||||
24 | years of service in that capacity and who terminates
service | ||||||
25 | prior to January 1, 1988 shall be entitled at his
option to |
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1 | receive a monthly retirement annuity for his service as a
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2 | sheriff's law enforcement employee computed by multiplying 2% | ||||||
3 | for each year
of such service up to 10 years, 2 1/4% for each | ||||||
4 | year
of such service above 10 years and up to 20 years, and
2 | ||||||
5 | 1/2% for each year of such service above
20 years, by his | ||||||
6 | annual final rate of earnings and dividing by 12.
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7 | Any sheriff's law enforcement employee who has 20 or more | ||||||
8 | years of
service in that capacity and who terminates service on | ||||||
9 | or after January 1,
1988 and before July 1, 2004 shall be | ||||||
10 | entitled at his option to receive
a monthly retirement
annuity | ||||||
11 | for his service as a sheriff's law enforcement employee | ||||||
12 | computed by
multiplying 2.5% for each year of such service up | ||||||
13 | to 20 years, 2% for each
year of such service above 20 years | ||||||
14 | and up to 30 years, and 1% for each
year of such service above | ||||||
15 | 30 years, by his annual final rate of earnings
and dividing by | ||||||
16 | 12.
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17 | Any sheriff's law enforcement employee who has 20 or more | ||||||
18 | years of
service in that capacity and who terminates service on | ||||||
19 | or after July 1,
2004 shall be entitled at his or her option to | ||||||
20 | receive a monthly retirement
annuity for service as a sheriff's | ||||||
21 | law enforcement employee computed by
multiplying 2.5% for each | ||||||
22 | year of such service by his annual final rate of
earnings and | ||||||
23 | dividing by 12.
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24 | If a sheriff's law enforcement employee has service in any | ||||||
25 | other
capacity, his retirement annuity for service as a | ||||||
26 | sheriff's law enforcement
employee may be computed under this |
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1 | Section and the retirement annuity for
his other service under | ||||||
2 | Section 7-142.
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3 | In no case shall the total monthly retirement annuity for | ||||||
4 | persons who retire before July 1, 2004 exceed 75% of the
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5 | monthly final rate of earnings. In no case shall the total | ||||||
6 | monthly retirement annuity for persons who retire on or after | ||||||
7 | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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8 | (b) Whenever continued group insurance coverage is elected | ||||||
9 | in accordance
with the provisions of Section 367h of the | ||||||
10 | Illinois Insurance Code, as now
or hereafter amended, the total | ||||||
11 | monthly premium for such continued group
insurance coverage or | ||||||
12 | such portion thereof as is not paid
by the municipality shall, | ||||||
13 | upon request of the person electing such
continued group | ||||||
14 | insurance coverage, be deducted from any monthly pension
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15 | benefit otherwise payable to such person pursuant to this | ||||||
16 | Section, to be
remitted by the Fund to the insurance company
or | ||||||
17 | other entity providing the group insurance coverage.
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18 | (c) A sheriff's law enforcement employee who has service in | ||||||
19 | any other
capacity may convert up to 10 years of that service | ||||||
20 | into service as a sheriff's
law enforcement employee by paying | ||||||
21 | to the Fund an amount equal to (1) the
additional employee | ||||||
22 | contribution required under Section 7-173.1, plus (2) the | ||||||
23 | additional employer contribution required under Section 7-172, | ||||||
24 | plus (3) interest on items (1) and (2) at the
prescribed rate | ||||||
25 | from the date of the service to the date of payment.
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26 | (d) The changes to subsections (a) and (b) of this Section |
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1 | made by this amendatory Act of the 94th General Assembly apply | ||||||
2 | only to persons in service on or after July 1, 2004. In the | ||||||
3 | case of such a person who begins to receive a retirement | ||||||
4 | annuity before the effective date of this amendatory Act of the | ||||||
5 | 94th General Assembly, the annuity shall be recalculated | ||||||
6 | prospectively to reflect those changes, with the resulting | ||||||
7 | increase beginning to accrue on the first annuity payment date | ||||||
8 | following the effective date of this amendatory Act.
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9 | (e) Any elected county officer who was entitled to receive | ||||||
10 | a stipend from the State on or after July 1, 2009 and on or | ||||||
11 | before June 30, 2010 may establish earnings credit for the | ||||||
12 | amount of stipend not received, if the elected county official | ||||||
13 | applies in writing to the fund within 6 months after the | ||||||
14 | effective date of this amendatory Act of the 96th General | ||||||
15 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
16 | contributions on the amount of stipend not received, (ii) | ||||||
17 | employer contributions determined by the Board equal to the | ||||||
18 | employer's normal cost of the benefit on the amount of stipend | ||||||
19 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
20 | actuarially assumed rate. | ||||||
21 | (Source: P.A. 94-712, eff. 6-1-06 .) | ||||||
22 | (40 ILCS 5/7-145.1) | ||||||
23 | Sec. 7-145.1. Alternative annuity for county officers. | ||||||
24 | (a) The benefits provided in this Section and Section | ||||||
25 | 7-145.2 are available
only if the county board has filed with |
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1 | the Board of the Fund a resolution or
ordinance expressly | ||||||
2 | consenting to the availability of these benefits for its
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3 | elected county officers. The county board's consent is | ||||||
4 | irrevocable with
respect to persons participating in the | ||||||
5 | program, but may be revoked at any time
with respect to persons | ||||||
6 | who have not paid an additional optional contribution
under | ||||||
7 | this Section before the date of revocation. | ||||||
8 | An elected county officer may elect to establish | ||||||
9 | alternative credits for
an alternative annuity by electing in | ||||||
10 | writing to make additional optional
contributions in | ||||||
11 | accordance with this Section and procedures established
by the | ||||||
12 | board. These alternative credits are available only for periods | ||||||
13 | of
service as an elected county officer. The elected county | ||||||
14 | officer may
discontinue making the additional optional | ||||||
15 | contributions by notifying the
Fund in writing in accordance | ||||||
16 | with this Section and procedures established
by the board. | ||||||
17 | Additional optional contributions for the alternative | ||||||
18 | annuity shall
be as follows: | ||||||
19 | (1) For service as an elected county officer after the | ||||||
20 | option is
elected, an additional contribution of 3% of | ||||||
21 | salary shall be contributed
to the Fund on the same basis | ||||||
22 | and under the same conditions as contributions
required | ||||||
23 | under Section 7-173. | ||||||
24 | (2) For service as an elected county officer before the | ||||||
25 | option is
elected, an additional contribution of 3% of the | ||||||
26 | salary for the applicable
period of service, plus interest |
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1 | at the effective rate from the date of
service to the date | ||||||
2 | of payment, plus any additional amount required by
the | ||||||
3 | county board under paragraph (3). All payments for past | ||||||
4 | service must
be paid in full before credit is given. | ||||||
5 | (3) With respect to service as an elected county | ||||||
6 | officer before the
option is elected, if payment is made | ||||||
7 | after the county board has filed with
the Board of the Fund | ||||||
8 | a resolution or ordinance requiring an additional
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9 | contribution under this paragraph, then the contribution | ||||||
10 | required under
paragraph (2) shall include an amount to be | ||||||
11 | determined by the Fund, equal
to the actuarial present | ||||||
12 | value of the additional employer cost that would
otherwise | ||||||
13 | result from the alternative credits being established for | ||||||
14 | that
service. A county board's resolution or ordinance | ||||||
15 | requiring additional
contributions under this paragraph | ||||||
16 | (3) is irrevocable. | ||||||
17 | No additional optional contributions may be made for any | ||||||
18 | period of service
for which credit has been previously | ||||||
19 | forfeited by acceptance of a refund,
unless the refund is | ||||||
20 | repaid in full with interest at the effective rate from
the | ||||||
21 | date of refund to the date of repayment. | ||||||
22 | (b) In lieu of the retirement annuity otherwise payable | ||||||
23 | under this Article,
an elected county officer who (1) has | ||||||
24 | elected to participate in the Fund and
make additional optional | ||||||
25 | contributions in accordance with this Section, (2)
has held and | ||||||
26 | made additional optional contributions with respect to the same
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1 | elected county office for at least 8 years, and (3) has | ||||||
2 | attained
age 55 with at least 8 years of service credit (or has | ||||||
3 | attained age 50 with at
least 20 years of service as a | ||||||
4 | sheriff's law enforcement employee) may elect
to have his | ||||||
5 | retirement annuity computed as follows: 3% of the participant's
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6 | salary for each of the first 8 years
of service credit, plus 4% | ||||||
7 | of that salary for each of the next 4 years of
service credit, | ||||||
8 | plus 5% of that salary for each year of service credit in
| ||||||
9 | excess of 12 years, subject to a maximum of 80% of that salary. | ||||||
10 | This formula applies only to service in an elected county | ||||||
11 | office that the
officer held for at least 8 years, and only to | ||||||
12 | service for which additional
optional contributions have been | ||||||
13 | paid under this Section. If an elected county
officer qualifies | ||||||
14 | to have this formula applied to service in more than one
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15 | elected county office, the qualifying service shall be | ||||||
16 | accumulated for purposes
of determining the applicable accrual | ||||||
17 | percentages, but the salary used for each
office shall be the | ||||||
18 | separate salary calculated for that office, as defined in
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19 | subsection (g). | ||||||
20 | To the extent that the elected county officer has service | ||||||
21 | credit that does
not qualify for this formula, his retirement | ||||||
22 | annuity will first be determined
in accordance with this | ||||||
23 | formula with respect to the service to which this
formula | ||||||
24 | applies, and then in accordance with the remaining Sections of | ||||||
25 | this
Article with respect to the service to which this formula | ||||||
26 | does not apply. |
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1 | (c) In lieu of the disability benefits otherwise payable | ||||||
2 | under this
Article, an elected county officer who (1) has
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3 | elected to participate in the Fund, and (2) has become
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4 | permanently disabled and as a consequence is unable to perform | ||||||
5 | the duties
of his office, and (3) was making optional | ||||||
6 | contributions in accordance with
this Section at the time the | ||||||
7 | disability was incurred, may elect to receive
a disability | ||||||
8 | annuity calculated in accordance with the formula in subsection
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9 | (b). For the purposes of this subsection, an elected county | ||||||
10 | officer shall be
considered permanently disabled only if: (i) | ||||||
11 | disability occurs while in
service as an elected county officer | ||||||
12 | and is of such a nature as to prevent him
from reasonably | ||||||
13 | performing the duties of his office at the time; and (ii) the
| ||||||
14 | board has received a written certification by at least 2 | ||||||
15 | licensed physicians
appointed by it stating that the officer is | ||||||
16 | disabled and that the disability
is likely to be permanent. | ||||||
17 | (d) Refunds of additional optional contributions shall be | ||||||
18 | made on the
same basis and under the same conditions as | ||||||
19 | provided under Section 7-166,
7-167 and 7-168. Interest shall | ||||||
20 | be credited at the effective rate on the
same basis and under | ||||||
21 | the same conditions as for other contributions. | ||||||
22 | If an elected county officer fails to hold that same | ||||||
23 | elected county
office for at least 8 years, he or she shall be | ||||||
24 | entitled after leaving office
to receive a refund of the | ||||||
25 | additional optional contributions made with respect
to that | ||||||
26 | office, plus interest at the effective rate. |
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1 | (e) The plan of optional alternative benefits and | ||||||
2 | contributions shall be
available to persons who are elected | ||||||
3 | county officers and active contributors
to the Fund on or after | ||||||
4 | November 15, 1994. A person who was an elected county
officer | ||||||
5 | and an active contributor to the Fund on November 15, 1994 but | ||||||
6 | is
no longer an active contributor may apply to make additional | ||||||
7 | optional
contributions under this Section at any time within 90 | ||||||
8 | days after the
effective date of this amendatory Act of 1997; | ||||||
9 | if the person is an annuitant,
the resulting increase in | ||||||
10 | annuity shall begin to accrue on the first day of
the month | ||||||
11 | following the month in which the required payment is received | ||||||
12 | by the
Fund. | ||||||
13 | (f) For the purposes of this Section and Section 7-145.2, | ||||||
14 | the terms "elected
county officer" and "elected county office" | ||||||
15 | include, but are not limited to:
(1) the county clerk, | ||||||
16 | recorder, treasurer, coroner, assessor (if elected),
auditor, | ||||||
17 | sheriff, and
State's Attorney; members of the county board; and | ||||||
18 | the clerk of the circuit
court; and (2) a person who has been | ||||||
19 | appointed to fill a vacancy in an
office that is normally | ||||||
20 | filled by election on a countywide basis, for the
duration of | ||||||
21 | his or her service in that office. The terms "elected county
| ||||||
22 | officer" and "elected county office" do not include any officer | ||||||
23 | or office of
a county that has not consented to the | ||||||
24 | availability of benefits under this
Section and Section | ||||||
25 | 7-145.2. | ||||||
26 | (g) For the purposes of this Section and Section 7-145.2, |
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1 | the term
"salary" means the final rate of earnings for the | ||||||
2 | elected county office held,
calculated in a manner consistent | ||||||
3 | with Section 7-116, but for that office
only. If an elected | ||||||
4 | county officer qualifies to have the formula in subsection
(b) | ||||||
5 | applied to service in more than one elected county office, a | ||||||
6 | separate
salary shall be calculated and applied with respect to | ||||||
7 | each such office. | ||||||
8 | (h) The changes to this Section made by this amendatory Act | ||||||
9 | of the 91st
General Assembly apply to persons who first make an | ||||||
10 | additional optional
contribution under this Section on or after | ||||||
11 | the effective date of this
amendatory Act. | ||||||
12 | (i) Any elected county officer who was entitled to receive | ||||||
13 | a stipend from the State on or after July 1, 2009 and on or | ||||||
14 | before June 30, 2010 may establish earnings credit for the | ||||||
15 | amount of stipend not received, if the elected county official | ||||||
16 | applies in writing to the fund within 6 months after the | ||||||
17 | effective date of this amendatory Act of the 96th General | ||||||
18 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
19 | contributions on the amount of stipend not received, (ii) | ||||||
20 | employer contributions determined by the Board equal to the | ||||||
21 | employer's normal cost of the benefit on the amount of stipend | ||||||
22 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
23 | actuarially assumed rate. | ||||||
24 | (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00; | ||||||
25 | 91-887, eff. 7-6-00.)
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1 | (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
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2 | Sec. 9-121.6. Alternative annuity for county officers. | ||||||
3 | (a) Any
county officer elected by vote of the people may | ||||||
4 | elect to establish
alternative credits for an alternative | ||||||
5 | annuity by electing in writing to
make additional optional | ||||||
6 | contributions in accordance with this Section and
procedures | ||||||
7 | established by the board. Such elected county officer
may | ||||||
8 | discontinue making the additional optional contributions by | ||||||
9 | notifying
the Fund in writing in accordance with this Section | ||||||
10 | and procedures
established by the board.
| ||||||
11 | Additional optional contributions for the alternative | ||||||
12 | annuity shall
be as follows:
| ||||||
13 | (1) For service after the option is elected, an | ||||||
14 | additional contribution
of 3% of salary shall be | ||||||
15 | contributed to the Fund on the same basis and
under the | ||||||
16 | same conditions as contributions required under Sections | ||||||
17 | 9-170
and 9-176.
| ||||||
18 | (2) For service before the option is elected, an | ||||||
19 | additional
contribution of 3% of the salary for the | ||||||
20 | applicable period of service, plus
interest at the | ||||||
21 | effective rate from the date of service to the date of
| ||||||
22 | payment. All payments for past service must be paid in full | ||||||
23 | before credit
is given. No additional optional | ||||||
24 | contributions may be made for any period
of service for | ||||||
25 | which credit has been previously forfeited by acceptance of
| ||||||
26 | a refund, unless the refund is repaid in full with interest |
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| |||||||
1 | at the
effective rate from the date of refund to the date | ||||||
2 | of repayment.
| ||||||
3 | (b) In lieu of the retirement annuity otherwise payable | ||||||
4 | under this
Article, any county officer elected by vote of the | ||||||
5 | people who (1) has
elected to participate in the Fund and make | ||||||
6 | additional optional
contributions in accordance with this | ||||||
7 | Section, and (2)
has attained age 60 with at least 10 years of | ||||||
8 | service credit,
or has attained age 65 with at least 8 years of | ||||||
9 | service credit, may elect
to have his retirement annuity | ||||||
10 | computed as follows: 3% of the
participant's salary at the time | ||||||
11 | of termination of service for each of the
first 8 years of | ||||||
12 | service credit, plus 4% of such salary for each of the
next 4 | ||||||
13 | years of service credit, plus
5% of such salary for each year | ||||||
14 | of service credit in excess of 12 years,
subject to a maximum | ||||||
15 | of 80% of such salary. To the extent such elected
county | ||||||
16 | officer has made additional optional contributions with | ||||||
17 | respect to
only a portion of his years of service credit, his | ||||||
18 | retirement annuity will
first be determined in accordance with | ||||||
19 | this Section to the extent such
additional optional | ||||||
20 | contributions were made, and then in accordance with
the | ||||||
21 | remaining Sections of this Article to the extent of years of | ||||||
22 | service
credit with respect to which additional optional | ||||||
23 | contributions were not made.
| ||||||
24 | (c) In lieu of the disability benefits otherwise payable | ||||||
25 | under this
Article, any county officer elected by vote of the | ||||||
26 | people who (1) has
elected to participate in the Fund, and (2) |
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1 | has become
permanently disabled and as a consequence is unable | ||||||
2 | to perform the duties
of his office, and (3) was making | ||||||
3 | optional contributions in accordance with
this Section at the | ||||||
4 | time the disability was incurred, may elect to receive
a | ||||||
5 | disability annuity calculated in
accordance with the formula in | ||||||
6 | subsection (b). For the purposes of this
subsection, such | ||||||
7 | elected county officer shall be considered permanently
| ||||||
8 | disabled only if: (i) disability occurs while in service as an | ||||||
9 | elected
county officer and is of such a nature as to prevent | ||||||
10 | him from reasonably
performing the duties of his office at the | ||||||
11 | time; and (ii) the board has
received a written certification | ||||||
12 | by at least 2 licensed physicians
appointed by it stating that | ||||||
13 | such officer is disabled and that the
disability is likely to | ||||||
14 | be permanent.
| ||||||
15 | (d) Refunds of additional optional contributions shall be | ||||||
16 | made on the
same basis and under the same conditions as | ||||||
17 | provided under Section 9-164,
9-166 and 9-167. Interest shall | ||||||
18 | be credited at the effective rate on the
same basis and under | ||||||
19 | the same conditions as for other contributions.
Optional | ||||||
20 | contributions under this
Section shall be included in the | ||||||
21 | amount of employee contributions used to
compute the tax levy | ||||||
22 | under Section 9-169.
| ||||||
23 | (e) The effective date of this plan of optional alternative | ||||||
24 | benefits
and contributions shall be January 1, 1988, or the | ||||||
25 | date upon which
approval is received from the U.S. Internal | ||||||
26 | Revenue Service, whichever is
later. The plan of optional |
| |||||||
| |||||||
1 | alternative benefits and contributions shall
not be available | ||||||
2 | to any former county officer or employee receiving an
annuity | ||||||
3 | from the Fund on the effective date of the plan, unless he
| ||||||
4 | re-enters service as an elected county officer and renders at | ||||||
5 | least 3 years
of additional service after the date of re-entry.
| ||||||
6 | (f) Any elected county officer who was entitled to receive | ||||||
7 | a stipend from the State on or after July 1, 2009 and on or | ||||||
8 | before June 30, 2010 may establish earnings credit for the | ||||||
9 | amount of stipend not received, if the elected county official | ||||||
10 | applies in writing to the fund within 6 months after the | ||||||
11 | effective date of this amendatory Act of the 96th General | ||||||
12 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
13 | contributions on the amount of stipend not received, (ii) | ||||||
14 | employer contributions determined by the Board equal to the | ||||||
15 | employer's normal cost of the benefit on the amount of stipend | ||||||
16 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
17 | actuarially assumed rate. | ||||||
18 | (g) (f) The plan of optional alternative benefits and | ||||||
19 | contributions authorized under this Section applies only to | ||||||
20 | county officers elected by vote of the people on or before | ||||||
21 | January 1, 2008 (the effective date of Public Act 95-654).
| ||||||
22 | (Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08; | ||||||
23 | 95-876, eff. 8-21-08.)
| ||||||
24 | (40 ILCS 5/9-128.2 new) | ||||||
25 | Sec. 9-128.2. Stipends. Any elected county officer who was |
| |||||||
| |||||||
1 | entitled to receive a stipend from the State on or after July | ||||||
2 | 1, 2009 and on or before June 30, 2010 may establish earnings | ||||||
3 | credit for the amount of stipend not received, if the elected | ||||||
4 | county official applies in writing to the fund within 6 months | ||||||
5 | after the effective date of this amendatory Act of the 96th | ||||||
6 | General Assembly and pays to the fund an amount equal to (i) | ||||||
7 | employee contributions on the amount of stipend not received, | ||||||
8 | (ii) employer contributions determined by the Board equal to | ||||||
9 | the employer's normal cost of the benefit on the amount of | ||||||
10 | stipend not received, plus (iii) interest on items (i) and (ii) | ||||||
11 | at the actuarially assumed rate. | ||||||
12 | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | ||||||
13 | Sec. 14-104. Service for which contributions permitted.
| ||||||
14 | Contributions provided for in this Section shall cover the | ||||||
15 | period of
service granted. Except as otherwise provided in this | ||||||
16 | Section, the
contributions shall be based upon the employee's | ||||||
17 | compensation and
contribution rate in effect on the date he | ||||||
18 | last became a member of the
System; provided that for all | ||||||
19 | employment prior to January 1, 1969 the
contribution rate shall | ||||||
20 | be that in effect for a noncovered employee on
the date he last | ||||||
21 | became a member of the System. Except as otherwise provided
in | ||||||
22 | this Section, contributions permitted under this Section shall | ||||||
23 | include
regular interest from the date an employee last became | ||||||
24 | a member of the System
to the date of payment.
| ||||||
25 | These contributions must be paid in full before retirement |
| |||||||
| |||||||
1 | either in
a lump sum or in installment payments in accordance | ||||||
2 | with such rules as
may be adopted by the board.
| ||||||
3 | (a) Any member may make contributions as required in this | ||||||
4 | Section
for any period of service, subsequent to the date of | ||||||
5 | establishment, but
prior to the date of membership.
| ||||||
6 | (b) Any employee who had been previously excluded from | ||||||
7 | membership
because of age at entry and subsequently became | ||||||
8 | eligible may elect to
make contributions as required in this | ||||||
9 | Section for the period of service
during which he was | ||||||
10 | ineligible.
| ||||||
11 | (c) An employee of the Department of Insurance who, after | ||||||
12 | January 1,
1944 but prior to becoming eligible for membership, | ||||||
13 | received salary from
funds of insurance companies in the | ||||||
14 | process of rehabilitation,
liquidation, conservation or | ||||||
15 | dissolution, may elect to make
contributions as required in | ||||||
16 | this Section for such service.
| ||||||
17 | (d) Any employee who rendered service in a State office to | ||||||
18 | which he
was elected, or rendered service in the elective | ||||||
19 | office of Clerk of the
Appellate Court prior to the date he | ||||||
20 | became a member, may make
contributions for such service as | ||||||
21 | required in this Section. Any member
who served by appointment | ||||||
22 | of the Governor under the Civil Administrative
Code of Illinois | ||||||
23 | and did not participate in this System may make
contributions | ||||||
24 | as required in this Section for such service.
| ||||||
25 | (e) Any person employed by the United States government or | ||||||
26 | any
instrumentality or agency thereof from January 1, 1942 |
| |||||||
| |||||||
1 | through November
15, 1946 as the result of a transfer from | ||||||
2 | State service by executive
order of the President of the United | ||||||
3 | States shall be entitled to prior
service credit covering the | ||||||
4 | period from January 1, 1942 through December
31, 1943 as | ||||||
5 | provided for in this Article and to membership service
credit | ||||||
6 | for the period from January 1, 1944 through November 15, 1946 | ||||||
7 | by
making the contributions required in this Section. A person | ||||||
8 | so employed
on January 1, 1944 but whose employment began after | ||||||
9 | January 1, 1942 may
qualify for prior service and membership | ||||||
10 | service credit under the same
conditions.
| ||||||
11 | (f) An employee of the Department of Labor of the State of | ||||||
12 | Illinois who
performed services for and under the supervision | ||||||
13 | of that Department
prior to January 1, 1944 but who was | ||||||
14 | compensated for those services
directly by federal funds and | ||||||
15 | not by a warrant of the Auditor of Public
Accounts paid by the | ||||||
16 | State Treasurer may establish credit for such
employment by | ||||||
17 | making the contributions required in this Section. An
employee | ||||||
18 | of the Department of Agriculture of the State of Illinois, who
| ||||||
19 | performed services for and under the supervision of that | ||||||
20 | Department
prior to June 1, 1963, but was compensated for those | ||||||
21 | services directly
by federal funds and not paid by a warrant of | ||||||
22 | the Auditor of Public
Accounts paid by the State Treasurer, and | ||||||
23 | who did not contribute to any
other public employee retirement | ||||||
24 | system for such service, may establish
credit for such | ||||||
25 | employment by making the contributions required in this
| ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (g) Any employee who executed a waiver of membership within
| ||||||
2 | 60 days prior to January 1, 1944 may, at any time while in the | ||||||
3 | service of a
department, file with the board a rescission of | ||||||
4 | such waiver. Upon
making the contributions required by this | ||||||
5 | Section, the member shall be
granted the creditable service | ||||||
6 | that would have been received if the
waiver had not been | ||||||
7 | executed.
| ||||||
8 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
9 | full-time
basis by a regional planning commission for at least | ||||||
10 | 5 continuous years may
establish creditable service for such | ||||||
11 | employment by making the
contributions required under this | ||||||
12 | Section, provided that any credits earned
by the employee in | ||||||
13 | the commission's retirement plan have been terminated.
| ||||||
14 | (i) Any person who rendered full time contractual services | ||||||
15 | to the General
Assembly as a member of a legislative staff may | ||||||
16 | establish service credit for up
to 8 years of such services by | ||||||
17 | making the contributions required under this
Section, provided | ||||||
18 | that application therefor is made not later than July 1,
1991.
| ||||||
19 | (j) By paying the contributions otherwise required under | ||||||
20 | this Section,
plus an amount determined by the Board to be | ||||||
21 | equal to the employer's normal
cost of the benefit plus | ||||||
22 | interest, but with all of the interest calculated
from the date | ||||||
23 | the employee last became a member of the System or November 19,
| ||||||
24 | 1991, whichever is later, to the date of payment, an employee | ||||||
25 | may establish
service credit
for a period of up to 4 years | ||||||
26 | spent in active military service for which he
does not qualify |
| |||||||
| |||||||
1 | for credit under Section 14-105, provided that (1) he was
not | ||||||
2 | dishonorably discharged from such military service, and (2) the | ||||||
3 | amount
of service credit established by a member under this | ||||||
4 | subsection (j), when
added to the amount of military service | ||||||
5 | credit granted to the member under
subsection (b) of Section | ||||||
6 | 14-105, shall not exceed 5 years. The change
in the manner of | ||||||
7 | calculating interest under this subsection (j) made by this
| ||||||
8 | amendatory Act of the 92nd General Assembly applies to credit | ||||||
9 | purchased by an
employee on or after its effective date and | ||||||
10 | does not entitle any person to a
refund of contributions or | ||||||
11 | interest already paid.
In compliance with Section 14-152.1 of | ||||||
12 | this Act concerning new benefit increases, any new benefit | ||||||
13 | increase as a result of the changes to this subsection (j) made | ||||||
14 | by Public Act 95-483
is funded through the employee | ||||||
15 | contributions provided for in this subsection (j). Any new | ||||||
16 | benefit increase as a result of the changes made to this | ||||||
17 | subsection (j) by Public Act 95-483
is exempt from the | ||||||
18 | provisions of subsection (d) of Section 14-152.1.
| ||||||
19 | (k) An employee who was employed on a full-time basis by | ||||||
20 | the Illinois
State's Attorneys Association Statewide Appellate | ||||||
21 | Assistance Service
LEAA-ILEC grant project prior to the time | ||||||
22 | that project became the State's
Attorneys Appellate Service | ||||||
23 | Commission, now the Office of the State's
Attorneys Appellate | ||||||
24 | Prosecutor, an agency of State government, may
establish | ||||||
25 | creditable service for not more than 60 months service for
such | ||||||
26 | employment by making contributions required under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (l) By paying the contributions otherwise required under | ||||||
3 | this Section,
plus an amount determined by the Board to be | ||||||
4 | equal to the employer's normal
cost of the benefit plus | ||||||
5 | interest, a member may establish service credit
for periods of | ||||||
6 | less than one year spent on authorized leave of absence from
| ||||||
7 | service, provided that (1) the period of leave began on or | ||||||
8 | after January 1,
1982 and (2) any credit established by the | ||||||
9 | member for the period of leave in
any other public employee | ||||||
10 | retirement system has been terminated. A member
may establish | ||||||
11 | service credit under this subsection for more than one period
| ||||||
12 | of authorized leave, and in that case the total period of | ||||||
13 | service credit
established by the member under this subsection | ||||||
14 | may exceed one year. In
determining the contributions required | ||||||
15 | for establishing service credit under
this subsection, the | ||||||
16 | interest shall be calculated from the beginning of the
leave of | ||||||
17 | absence to the date of payment.
| ||||||
18 | (l-5) By paying the contributions otherwise required under | ||||||
19 | this Section,
plus an amount determined by the Board to be | ||||||
20 | equal to the employer's normal
cost of the benefit plus | ||||||
21 | interest, a member may establish service credit
for periods of | ||||||
22 | up to 2 years spent on authorized leave of absence from
| ||||||
23 | service, provided that during that leave the member represented | ||||||
24 | or was employed as an officer or employee of a statewide labor | ||||||
25 | organization that represents members of this System. In
| ||||||
26 | determining the contributions required for establishing |
| |||||||
| |||||||
1 | service credit under
this subsection, the interest shall be | ||||||
2 | calculated from the beginning of the
leave of absence to the | ||||||
3 | date of payment.
| ||||||
4 | (m) Any person who rendered contractual services to a | ||||||
5 | member of
the General Assembly as a worker in the member's | ||||||
6 | district office may establish
creditable service for up to 3 | ||||||
7 | years of those contractual services by making
the contributions | ||||||
8 | required under this Section. The System shall determine a
| ||||||
9 | full-time salary equivalent for the purpose of calculating the | ||||||
10 | required
contribution. To establish credit under this | ||||||
11 | subsection, the applicant must
apply to the System by March 1, | ||||||
12 | 1998.
| ||||||
13 | (n) Any person who rendered contractual services to a | ||||||
14 | member of
the General Assembly as a worker providing | ||||||
15 | constituent services to persons in
the member's district may | ||||||
16 | establish
creditable service for up to 8 years of those | ||||||
17 | contractual services by making
the contributions required | ||||||
18 | under this Section. The System shall determine a
full-time | ||||||
19 | salary equivalent for the purpose of calculating the required
| ||||||
20 | contribution. To establish credit under this subsection, the | ||||||
21 | applicant must
apply to the System by March 1, 1998.
| ||||||
22 | (o) A member who participated in the Illinois Legislative | ||||||
23 | Staff
Internship Program may establish creditable service for | ||||||
24 | up to one year
of that participation by making the contribution | ||||||
25 | required under this Section.
The System shall determine a | ||||||
26 | full-time salary equivalent for the purpose of
calculating the |
| |||||||
| |||||||
1 | required contribution. Credit may not be established under
this | ||||||
2 | subsection for any period for which service credit is | ||||||
3 | established under
any other provision of this Code.
| ||||||
4 | (p) By paying the contributions otherwise required under | ||||||
5 | this Section,
plus an amount determined by the Board to be | ||||||
6 | equal to the employer's normal
cost of the benefit plus | ||||||
7 | interest, a member may establish service credit
for a period of | ||||||
8 | up to 8 years during which he or she was employed by the
| ||||||
9 | Visually Handicapped Managers of Illinois in a vending program | ||||||
10 | operated under
a contractual agreement with the Department of | ||||||
11 | Rehabilitation Services or its successor agency.
| ||||||
12 | This subsection (p) applies without regard to whether the | ||||||
13 | person was in service on or after the effective date of this | ||||||
14 | amendatory Act of the 94th General Assembly. In the case of a | ||||||
15 | person who is receiving a retirement annuity on that effective | ||||||
16 | date, the increase, if any, shall begin to accrue on the first | ||||||
17 | annuity payment date following receipt by the System of the | ||||||
18 | contributions required under this subsection (p).
| ||||||
19 | (q) By paying the required contributions under this | ||||||
20 | Section, plus an amount determined by the Board to be equal to | ||||||
21 | the employer's normal cost of the benefit plus interest, an | ||||||
22 | employee who was laid off but returned to State employment | ||||||
23 | under circumstances in which the employee is considered to have | ||||||
24 | been in continuous service for purposes of determining | ||||||
25 | seniority may establish creditable service for the period of | ||||||
26 | the layoff, provided that (1) the applicant applies for the |
| |||||||
| |||||||
1 | creditable service under this subsection (q) within 6 months | ||||||
2 | after the effective date of this amendatory Act of the 94th | ||||||
3 | General Assembly, (2) the applicant does not receive credit for | ||||||
4 | that period under any other provision of this Code, (3) at the | ||||||
5 | time of the layoff, the applicant is not in an initial | ||||||
6 | probationary status consistent with the rules of the Department | ||||||
7 | of Central Management Services, and (4) the total amount of | ||||||
8 | creditable service established by the applicant under this | ||||||
9 | subsection (q) does not exceed 3 years. For service established | ||||||
10 | under this subsection (q), the required employee contribution | ||||||
11 | shall be based on the rate of compensation earned by the | ||||||
12 | employee on the date of returning to employment after the | ||||||
13 | layoff and the contribution rate then in effect, and the | ||||||
14 | required interest shall be calculated from the date of | ||||||
15 | returning to employment after the layoff to the date of | ||||||
16 | payment.
| ||||||
17 | (r) A member who participated in the University of Illinois | ||||||
18 | Government Public Service Internship Program (GPSI) may | ||||||
19 | establish creditable service for up to 2 years
of that | ||||||
20 | participation by making the contribution required under this | ||||||
21 | Section, plus an amount determined by the Board to be equal to | ||||||
22 | the employer's normal cost of the benefit plus interest.
The | ||||||
23 | System shall determine a full-time salary equivalent for the | ||||||
24 | purpose of
calculating the required contribution. Credit may | ||||||
25 | not be established under
this subsection for any period for | ||||||
26 | which service credit is established under
any other provision |
| |||||||
| |||||||
1 | of this Code. | ||||||
2 | (s)
A member who worked as a nurse under a contractual | ||||||
3 | agreement for the Department of Public Aid, or its successor | ||||||
4 | agency, the Department of Human Services, in the Client | ||||||
5 | Assessment Unit and was subsequently determined to be a State | ||||||
6 | employee by the United States Internal Revenue Service and the | ||||||
7 | Illinois Labor Relations Board may establish creditable | ||||||
8 | service for those contractual services by making the | ||||||
9 | contributions required under this Section. To establish credit | ||||||
10 | under this subsection, the applicant must apply to the System | ||||||
11 | by July 1, 2008. | ||||||
12 | The Department of Human Services shall pay an employer | ||||||
13 | contribution based upon an amount determined by the Board to be | ||||||
14 | equal to the employer's normal cost of the benefit, plus | ||||||
15 | interest. | ||||||
16 | In compliance with Section 14-152.1 added by Public Act | ||||||
17 | 94-4, the cost of the benefits provided by Public Act 95-583
| ||||||
18 | are offset by the required employee and employer contributions.
| ||||||
19 | (t) Any person who rendered contractual services on a | ||||||
20 | full-time basis to the Illinois Institute of Natural Resources | ||||||
21 | and the Illinois Department of Energy and Natural Resources may | ||||||
22 | establish creditable service for up to 4 years of those | ||||||
23 | contractual services by making the contributions required | ||||||
24 | under this Section, plus an amount determined by the Board to | ||||||
25 | be equal to the employer's normal cost of the benefit plus | ||||||
26 | interest at the actuarially assumed rate from the first day of |
| |||||||
| |||||||
1 | the service for which credit is being established to the date | ||||||
2 | of payment. To establish credit under this subsection (t), the | ||||||
3 | applicant must apply to the System within 6 months after August | ||||||
4 | 28, 2009 ( the effective date of Public Act 96-775)
this | ||||||
5 | amendatory Act of the 96th General Assembly . | ||||||
6 | (u)
(t) A member may establish creditable service and | ||||||
7 | earnings credit for a period of voluntary or involuntary | ||||||
8 | furlough, not exceeding 5 days, beginning on or after July 1, | ||||||
9 | 2008 and ending on or before June 30, 2009, that is utilized as | ||||||
10 | a means of addressing a State fiscal emergency. To receive this | ||||||
11 | credit, the member must apply in writing to the System before | ||||||
12 | July 1, 2012, and make contributions required under this | ||||||
13 | Section, plus an amount determined by the Board to be equal to | ||||||
14 | the employer's normal cost of the benefit, plus interest at the | ||||||
15 | actuarially assumed rate. | ||||||
16 | A member may establish creditable service and earnings | ||||||
17 | credit for a period of voluntary or involuntary furlough, not | ||||||
18 | exceeding 24 days, beginning on or after July 1, 2009 and | ||||||
19 | ending on or before June 30, 2011, that is utilized as a means | ||||||
20 | of addressing a State fiscal emergency. To receive this credit, | ||||||
21 | the member must, before December 31, 2011, (i) apply in writing | ||||||
22 | to the System and (ii) make the contributions required under | ||||||
23 | this Section, plus an amount determined by the Board to be | ||||||
24 | equal to the employer's normal cost of the benefit, plus | ||||||
25 | interest at the actuarially assumed rate. | ||||||
26 | (v)
(t) Any member who rendered full-time contractual |
| |||||||
| |||||||
1 | services to an Illinois Veterans Home operated by the | ||||||
2 | Department of Veterans' Affairs may establish service credit | ||||||
3 | for up
to 8 years of such services by making the contributions | ||||||
4 | required under this
Section, plus an amount determined by the | ||||||
5 | Board to be equal to the employer's normal cost of the benefit, | ||||||
6 | plus interest at the actuarially assumed rate. To establish | ||||||
7 | credit under this subsection, the applicant must
apply to the | ||||||
8 | System no later than 6 months after July 27, 2009 ( the | ||||||
9 | effective date of Public Act 96-97)
this amendatory Act of the | ||||||
10 | 96th General Assembly . | ||||||
11 | (Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; | ||||||
12 | 95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff. | ||||||
13 | 7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised | ||||||
14 | 9-9-09.)
| ||||||
15 | (40 ILCS 5/15-113.11 new) | ||||||
16 | Sec. 15-113.11. Service for periods of voluntary or | ||||||
17 | involuntary furlough. A participant may establish creditable | ||||||
18 | service and earnings credit for periods of furlough beginning | ||||||
19 | on or after July 1, 2009 and ending on or before June 30, 2011. | ||||||
20 | To receive this credit, the participant must (i) apply in | ||||||
21 | writing to the System before December 31, 2011; (ii) not | ||||||
22 | receive compensation from an employer for any furlough period; | ||||||
23 | and (iii) make employee contributions required under Section | ||||||
24 | 15-157 based on the rate of basic compensation during the | ||||||
25 | periods of furlough, plus an amount determined by the Board to |
| |||||||
| |||||||
1 | be equal to the employer's normal cost of the benefit, plus | ||||||
2 | compounded interest at the actuarially assumed rate from the | ||||||
3 | date of voluntary or involuntary furlough to the date of | ||||||
4 | payment. The participant shall provide, at the time of | ||||||
5 | application, written certification from the employer providing | ||||||
6 | the total number of furlough days a participant has been | ||||||
7 | required to take. | ||||||
8 | Section 90. The State Mandates Act is amended by adding | ||||||
9 | Section 8.34 as follows: | ||||||
10 | (30 ILCS 805/8.34 new) | ||||||
11 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
12 | of this Act, no reimbursement by the State is required for the | ||||||
13 | implementation of any mandate created by this amendatory Act of | ||||||
14 | the 96th General Assembly.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|