093_SB1120sam002











                                     LRB093 05292 EFG 14368 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.
 
                            -2-      LRB093 05292 EFG 14368 a
 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
 
                            -3-      LRB093 05292 EFG 14368 a
 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
 
                            -4-      LRB093 05292 EFG 14368 a
 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
 
                            -5-      LRB093 05292 EFG 14368 a
 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
 
                            -6-      LRB093 05292 EFG 14368 a
 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.)".