093_SB1120sam001
LRB093 05292 EFG 12357 a
1 AMENDMENT TO SENATE BILL 1120
2 AMENDMENT NO. . Amend Senate Bill 1120 on page 1, in
3 line 5, by changing "Section 7-141.1" to "Sections 7-141.1
4 and 14-104"; and
5 on page 9, after line 13, by inserting the following:
6 "(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
7 Sec. 14-104. Service for which contributions permitted.
8 Contributions provided for in this Section shall cover the
9 period of service granted. Except as otherwise provided in
10 this Section, the contributions shall be based upon the
11 employee's compensation and contribution rate in effect on
12 the date he last became a member of the System; provided that
13 for all employment prior to January 1, 1969 the contribution
14 rate shall be that in effect for a noncovered employee on the
15 date he last became a member of the System. Except as
16 otherwise provided in this Section, contributions permitted
17 under this Section shall include regular interest from the
18 date an employee last became a member of the System to the
19 date of payment.
20 These contributions must be paid in full before
21 retirement either in a lump sum or in installment payments in
22 accordance with such rules as may be adopted by the board.
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1 (a) Any member may make contributions as required in
2 this Section for any period of service, subsequent to the
3 date of establishment, but prior to the date of membership.
4 (b) Any employee who had been previously excluded from
5 membership because of age at entry and subsequently became
6 eligible may elect to make contributions as required in this
7 Section for the period of service during which he was
8 ineligible.
9 (c) An employee of the Department of Insurance who,
10 after January 1, 1944 but prior to becoming eligible for
11 membership, received salary from funds of insurance companies
12 in the process of rehabilitation, liquidation, conservation
13 or dissolution, may elect to make contributions as required
14 in this Section for such service.
15 (d) Any employee who rendered service in a State office
16 to which he was elected, or rendered service in the elective
17 office of Clerk of the Appellate Court prior to the date he
18 became a member, may make contributions for such service as
19 required in this Section. Any member who served by
20 appointment of the Governor under the Civil Administrative
21 Code of Illinois and did not participate in this System may
22 make contributions as required in this Section for such
23 service.
24 (e) Any person employed by the United States government
25 or any instrumentality or agency thereof from January 1, 1942
26 through November 15, 1946 as the result of a transfer from
27 State service by executive order of the President of the
28 United States shall be entitled to prior service credit
29 covering the period from January 1, 1942 through December 31,
30 1943 as provided for in this Article and to membership
31 service credit for the period from January 1, 1944 through
32 November 15, 1946 by making the contributions required in
33 this Section. A person so employed on January 1, 1944 but
34 whose employment began after January 1, 1942 may qualify for
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1 prior service and membership service credit under the same
2 conditions.
3 (f) An employee of the Department of Labor of the State
4 of Illinois who performed services for and under the
5 supervision of that Department prior to January 1, 1944 but
6 who was compensated for those services directly by federal
7 funds and not by a warrant of the Auditor of Public Accounts
8 paid by the State Treasurer may establish credit for such
9 employment by making the contributions required in this
10 Section. An employee of the Department of Agriculture of the
11 State of Illinois, who performed services for and under the
12 supervision of that Department prior to June 1, 1963, but was
13 compensated for those services directly by federal funds and
14 not paid by a warrant of the Auditor of Public Accounts paid
15 by the State Treasurer, and who did not contribute to any
16 other public employee retirement system for such service, may
17 establish credit for such employment by making the
18 contributions required in this Section.
19 (g) Any employee who executed a waiver of membership
20 within 60 days prior to January 1, 1944 may, at any time
21 while in the service of a department, file with the board a
22 rescission of such waiver. Upon making the contributions
23 required by this Section, the member shall be granted the
24 creditable service that would have been received if the
25 waiver had not been executed.
26 (h) Until May 1, 1990, an employee who was employed on a
27 full-time basis by a regional planning commission for at
28 least 5 continuous years may establish creditable service for
29 such employment by making the contributions required under
30 this Section, provided that any credits earned by the
31 employee in the commission's retirement plan have been
32 terminated.
33 (i) Any person who rendered full time contractual
34 services to the General Assembly as a member of a legislative
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1 staff may establish service credit for up to 8 years of such
2 services by making the contributions required under this
3 Section, provided that application therefor is made not later
4 than July 1, 1991.
5 (j) By paying the contributions otherwise required under
6 this Section, plus an amount determined by the Board to be
7 equal to the employer's normal cost of the benefit plus
8 interest, but with all of the interest calculated from the
9 date the employee last became a member of the System or
10 November 19, 1991, whichever is later, to the date of
11 payment, an employee may establish service credit for a
12 period of up to 2 years spent in active military service for
13 which he does not qualify for credit under Section 14-105,
14 provided that (1) he was not dishonorably discharged from
15 such military service, and (2) the amount of service credit
16 established by a member under this subsection (j), when added
17 to the amount of military service credit granted to the
18 member under subsection (b) of Section 14-105, shall not
19 exceed 5 years. The change in the manner of calculating
20 interest under this subsection (j) made by this amendatory
21 Act of the 92nd General Assembly applies to credit purchased
22 by an employee on or after its effective date and does not
23 entitle any person to a refund of contributions or interest
24 already paid.
25 (k) An employee who was employed on a full-time basis by
26 the Illinois State's Attorneys Association Statewide
27 Appellate Assistance Service LEAA-ILEC grant project prior to
28 the time that project became the State's Attorneys Appellate
29 Service Commission, now the Office of the State's Attorneys
30 Appellate Prosecutor, an agency of State government, may
31 establish creditable service for not more than 60 months
32 service for such employment by making contributions required
33 under this Section.
34 (l) By paying the contributions otherwise required under
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1 this Section, plus an amount determined by the Board to be
2 equal to the employer's normal cost of the benefit plus
3 interest, a member may establish service credit for periods
4 of less than one year spent on authorized leave of absence
5 from service, provided that (1) the period of leave began on
6 or after January 1, 1982 and (2) any credit established by
7 the member for the period of leave in any other public
8 employee retirement system has been terminated. A member may
9 establish service credit under this subsection for more than
10 one period of authorized leave, and in that case the total
11 period of service credit established by the member under this
12 subsection may exceed one year. In determining the
13 contributions required for establishing service credit under
14 this subsection, the interest shall be calculated from the
15 beginning of the leave of absence to the date of payment.
16 (m) Any person who rendered contractual services to a
17 member of the General Assembly as a worker in the member's
18 district office may establish creditable service for up to 3
19 years of those contractual services by making the
20 contributions required under this Section. The System shall
21 determine a full-time salary equivalent for the purpose of
22 calculating the required contribution. To establish credit
23 under this subsection, the applicant must apply to the System
24 by March 1, 2004 1998.
25 (n) Any person who rendered contractual services to a
26 member of the General Assembly as a worker providing
27 constituent services to persons in the member's district,
28 including a person who has terminated service or begun to
29 receive a retirement annuity under this Article, may
30 establish creditable service for up to 8 years of those
31 contractual services by making the contributions required
32 under this Section. The System shall determine a full-time
33 salary equivalent for the purpose of calculating the required
34 contribution. To establish credit under this subsection, the
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1 applicant must apply to the System by March 1, 2004 1998. In
2 the case of a person who establishes creditable service under
3 this subsection after beginning to receive a retirement
4 annuity under this Article, the annuity shall be recalculated
5 and the increase resulting from the additional service shall
6 accrue from the first annuity payment date following receipt
7 of the required contribution by the System.
8 (o) A member who participated in the Illinois
9 Legislative Staff Internship Program may establish creditable
10 service for up to one year of that participation by making
11 the contribution required under this Section. The System
12 shall determine a full-time salary equivalent for the purpose
13 of calculating the required contribution. Credit may not be
14 established under this subsection for any period for which
15 service credit is established under any other provision of
16 this Code.
17 (Source: P.A. 92-54, eff. 7-12-01.)".