95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1515

 

Introduced 2/22/2007, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-104   from Ch. 108 1/2, par. 14-104
40 ILCS 5/15-113.3   from Ch. 108 1/2, par. 15-113.3
40 ILCS 5/16-128   from Ch. 108 1/2, par. 16-128
40 ILCS 5/17-134   from Ch. 108 1/2, par. 17-134
30 ILCS 805/8.31 new

    Amends the Illinois Pension Code. In the Downstate Teacher and Chicago Teacher Articles, provides that a participant may establish, without paying contributions, up to 5 years of credit for military service immediately following employment, and removes certain restrictions relating to wartime. In those Articles and the State Employee and State Universities Articles, changes the method of calculating interest when establishing credit for military service not immediately following employment. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT in relation to public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Sections 14-104, 15-113.3, 16-128, and 17-134 as follows:
 
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 this
10 Section, the contributions shall be based upon the employee's
11 compensation and contribution rate in effect on the date he
12 last became a member of the System; provided that for all
13 employment prior to January 1, 1969 the contribution rate shall
14 be that in effect for a noncovered employee on the date he last
15 became a member of the System. Except as otherwise provided in
16 this Section, contributions permitted under this Section shall
17 include regular interest from the date an employee last became
18 a member of the System to the date of payment.
19     These contributions must be paid in full before retirement
20 either in a lump sum or in installment payments in accordance
21 with such rules as may be adopted by the board.
22     (a) Any member may make contributions as required in this
23 Section for any period of service, subsequent to the date of

 

 

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1 establishment, but prior to the date of membership.
2     (b) Any employee who had been previously excluded from
3 membership because of age at entry and subsequently became
4 eligible may elect to make contributions as required in this
5 Section for the period of service during which he was
6 ineligible.
7     (c) An employee of the Department of Insurance who, after
8 January 1, 1944 but prior to becoming eligible for membership,
9 received salary from funds of insurance companies in the
10 process of rehabilitation, liquidation, conservation or
11 dissolution, may elect to make contributions as required in
12 this Section for such service.
13     (d) Any employee who rendered service in a State office to
14 which he was elected, or rendered service in the elective
15 office of Clerk of the Appellate Court prior to the date he
16 became a member, may make contributions for such service as
17 required in this Section. Any member who served by appointment
18 of the Governor under the Civil Administrative Code of Illinois
19 and did not participate in this System may make contributions
20 as required in this Section for such service.
21     (e) Any person employed by the United States government or
22 any instrumentality or agency thereof from January 1, 1942
23 through November 15, 1946 as the result of a transfer from
24 State service by executive order of the President of the United
25 States shall be entitled to prior service credit covering the
26 period from January 1, 1942 through December 31, 1943 as

 

 

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1 provided for in this Article and to membership service credit
2 for the period from January 1, 1944 through November 15, 1946
3 by making the contributions required in this Section. A person
4 so employed on January 1, 1944 but whose employment began after
5 January 1, 1942 may qualify for prior service and membership
6 service credit under the same conditions.
7     (f) An employee of the Department of Labor of the State of
8 Illinois who performed services for and under the supervision
9 of that Department prior to January 1, 1944 but who was
10 compensated for those services directly by federal funds and
11 not by a warrant of the Auditor of Public Accounts paid by the
12 State Treasurer may establish credit for such employment by
13 making the contributions required in this Section. An employee
14 of the Department of Agriculture of the State of Illinois, who
15 performed services for and under the supervision of that
16 Department prior to June 1, 1963, but was compensated for those
17 services directly by federal funds and not paid by a warrant of
18 the Auditor of Public Accounts paid by the State Treasurer, and
19 who did not contribute to any other public employee retirement
20 system for such service, may establish credit for such
21 employment by making the contributions required in this
22 Section.
23     (g) Any employee who executed a waiver of membership within
24 60 days prior to January 1, 1944 may, at any time while in the
25 service of a department, file with the board a rescission of
26 such waiver. Upon making the contributions required by this

 

 

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1 Section, the member shall be granted the creditable service
2 that would have been received if the waiver had not been
3 executed.
4     (h) Until May 1, 1990, an employee who was employed on a
5 full-time basis by a regional planning commission for at least
6 5 continuous years may establish creditable service for such
7 employment by making the contributions required under this
8 Section, provided that any credits earned by the employee in
9 the commission's retirement plan have been terminated.
10     (i) Any person who rendered full time contractual services
11 to the General Assembly as a member of a legislative staff may
12 establish service credit for up to 8 years of such services by
13 making the contributions required under this Section, provided
14 that application therefor is made not later than July 1, 1991.
15     (j) By paying the contributions otherwise required under
16 this Section, plus an amount determined by the Board to be
17 equal to the employer's normal cost of the benefit plus
18 interest, but with all of the interest calculated at the rate
19 of 5% per year, compounded annually, from the date the employee
20 last became a member of the System or November 19, 1991,
21 whichever is later, to the date of payment, an employee may
22 establish service credit for a period of up to 2 years spent in
23 active military service for which he does not qualify for
24 credit under Section 14-105, provided that (1) he was not
25 dishonorably discharged from such military service, and (2) the
26 amount of service credit established by a member under this

 

 

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1 subsection (j), when added to the amount of military service
2 credit granted to the member under subsection (b) of Section
3 14-105, shall not exceed 5 years. The changes change in the
4 manner of calculating interest under this subsection (j) made
5 by Public Act 92-54 and this amendatory Act of the 95th 92nd
6 General Assembly apply applies to credit purchased by an
7 employee on or after their respective its effective dates and
8 do date and does not entitle any person to a refund of
9 contributions or interest already paid.
10     (k) An employee who was employed on a full-time basis by
11 the Illinois State's Attorneys Association Statewide Appellate
12 Assistance Service LEAA-ILEC grant project prior to the time
13 that project became the State's Attorneys Appellate Service
14 Commission, now the Office of the State's Attorneys Appellate
15 Prosecutor, an agency of State government, may establish
16 creditable service for not more than 60 months service for such
17 employment by making contributions required under this
18 Section.
19     (l) 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, a member may establish service credit for periods of
23 less than one year spent on authorized leave of absence from
24 service, provided that (1) the period of leave began on or
25 after January 1, 1982 and (2) any credit established by the
26 member for the period of leave in any other public employee

 

 

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1 retirement system has been terminated. A member may establish
2 service credit under this subsection for more than one period
3 of authorized leave, and in that case the total period of
4 service credit established by the member under this subsection
5 may exceed one year. In determining the contributions required
6 for establishing service credit under this subsection, the
7 interest shall be calculated from the beginning of the leave of
8 absence to the date of payment.
9     (m) Any person who rendered contractual services to a
10 member of the General Assembly as a worker in the member's
11 district office may establish creditable service for up to 3
12 years of those contractual services by making the contributions
13 required under this Section. The System shall determine a
14 full-time salary equivalent for the purpose of calculating the
15 required contribution. To establish credit under this
16 subsection, the applicant must apply to the System by March 1,
17 1998.
18     (n) Any person who rendered contractual services to a
19 member of the General Assembly as a worker providing
20 constituent services to persons in the member's district may
21 establish creditable service for up to 8 years of those
22 contractual services by making the contributions required
23 under this Section. The System shall determine a full-time
24 salary equivalent for the purpose of calculating the required
25 contribution. To establish credit under this subsection, the
26 applicant must apply to the System by March 1, 1998.

 

 

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1     (o) A member who participated in the Illinois Legislative
2 Staff Internship Program may establish creditable service for
3 up to one year of that participation by making the contribution
4 required under this Section. The System shall determine a
5 full-time salary equivalent for the purpose of calculating the
6 required contribution. Credit may not be established under this
7 subsection for any period for which service credit is
8 established under any other provision of this Code.
9     (p) By paying the contributions otherwise required under
10 this Section, plus an amount determined by the Board to be
11 equal to the employer's normal cost of the benefit plus
12 interest, a member may establish service credit for a period of
13 up to 8 years during which he or she was employed by the
14 Visually Handicapped Managers of Illinois in a vending program
15 operated under a contractual agreement with the Department of
16 Rehabilitation Services or its successor agency.
17     This subsection (p) applies without regard to whether the
18 person was in service on or after the effective date of this
19 amendatory Act of the 94th General Assembly. In the case of a
20 person who is receiving a retirement annuity on that effective
21 date, the increase, if any, shall begin to accrue on the first
22 annuity payment date following receipt by the System of the
23 contributions required under this subsection (p).
24 (Source: P.A. 94-612, eff. 8-18-05.)
 
25     (40 ILCS 5/15-113.3)  (from Ch. 108 1/2, par. 15-113.3)

 

 

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1     Sec. 15-113.3. Service for periods of military service.
2 "Service for periods of military service": Those periods, not
3 exceeding 5 years, during which a person served in the armed
4 forces of the United States, of which all but 2 years must have
5 immediately followed a period of employment with an employer
6 under this System or the State Employees' Retirement System of
7 Illinois; provided that the person received a discharge other
8 than dishonorable and again became an employee under this
9 System within one year after discharge. However, for the up to
10 2 years of military service not immediately following
11 employment, the applicant must make contributions to the System
12 equal to (1) 8% of the employee's basic compensation on the
13 last date as a participating employee prior to such military
14 service, or on the first date as a participating employee after
15 such military service, whichever is greater, plus (2) an amount
16 determined by the board to be equal to the employer's normal
17 cost of the benefits accrued for such military service, plus
18 (3) interest on items (1) and (2) at the effective rate from
19 the date the person last became an employee or November 19,
20 1991, whichever is later, later of the date of first membership
21 in the System or the date of conclusion of military service to
22 the date of payment.
23     The change in the manner of calculating interest under this
24 Section made by this amendatory Act of the 95th General
25 Assembly applies to credit purchased by an employee on or after
26 its effective date and does not entitle any person to a refund

 

 

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1 of contributions or interest already paid.
2      The change in the required contribution for purchased
3 military credit made by Public Act 87-1265 this amendatory Act
4 of 1993 does not entitle any person to a refund of
5 contributions already paid. The contributions paid under this
6 Section are not normal contributions as defined in Section
7 15-114 or additional contributions as defined in Section
8 15-115.
9     The changes to this Section made by Public Act 87-794 this
10 amendatory Act of 1991 shall apply not only to persons who on
11 or after its effective date are in service under the System,
12 but also to persons whose employment terminated prior to that
13 date, whether or not the person is an annuitant on that date.
14 In the case of an annuitant who applies for credit allowable
15 under this Section for a period of military service that did
16 not immediately follow employment, and who has made the
17 required contributions for such credit, the annuity shall be
18 recalculated to include the additional service credit, with the
19 increase taking effect on the date the System received written
20 notification of the annuitant's intent to purchase the credit,
21 if payment of all the required contributions is made within 60
22 days of such notice, or else on the first annuity payment date
23 following the date of payment of the required contributions. In
24 calculating the automatic annual increase for an annuity that
25 has been recalculated under this Section, the increase
26 attributable to the additional service allowable under Public

 

 

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1 Act 87-794 this amendatory Act of 1991 shall be included in the
2 calculation of automatic annual increases accruing after the
3 effective date of the recalculation.
4 (Source: P.A. 93-347, eff. 7-24-03.)
 
5     (40 ILCS 5/16-128)  (from Ch. 108 1/2, par. 16-128)
6     Sec. 16-128. Creditable service - required contributions.
7     (a) Except as otherwise provided in this Section, in In
8 order to receive the creditable service specified under
9 subsection (b) of Section 16-127, a member is required to make
10 the following contributions:
11         (i) an amount equal to the contributions which would
12     have been required had such service been rendered as a
13     member under this System;
14         (ii) for military service not immediately following
15     employment as a teacher and for service established under
16     subdivision (b)(10) of Section 16-127, an amount
17     determined by the Board to be equal to the employer's
18     normal cost of the benefits accrued for such service; and
19         (iii) interest from the date the contributions would
20     have been due (or, in the case of a person establishing
21     credit for military service under subdivision (b)(3) of
22     Section 16-127, the date of first membership in the System,
23     if that date is later) to the date of payment, at the
24     following rate of interest, compounded annually: for
25     periods prior to July 1, 1965, regular interest; from July

 

 

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1     1, 1965 to June 30, 1977, 4% per year; on and after July 1,
2     1977, regular interest.
3     (a-5) Beginning on the effective date of this amendatory
4 Act of the 95th General Assembly, a member must pay the
5 contributions specified in subsection (a) in order to establish
6 credit under subdivision (b)(3) of Section 16-127 for any
7 military service not immediately following employment as a
8 teacher; however, contributions are required for a member to
9 establish credit for other military service permitted under
10 subdivision (b)(3) of Section 16-127 only if the period of
11 military service ends before the effective date of this
12 amendatory Act.
13     Beginning on the effective date of this amendatory Act of
14 the 95th General Assembly, rather than the interest described
15 in subdivision (a)(iii), a person establishing credit for
16 military service not immediately following employment as a
17 teacher under subdivision (b)(3) of Section 16-127 shall pay
18 interest at the rate of 5% per year, compounded annually, from
19 the date the person last became a participant in this System or
20 November 19, 1991, whichever is later, to the date of payment.
21     The changes made by this amendatory Act of the 95th General
22 Assembly in the contributions and interest required for
23 military service credit do not entitle any person to a refund
24 of contributions or interest already paid.
25     (b) In order to receive creditable service under paragraph
26 (2) of subsection (b) of Section 16-127 for those who were not

 

 

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1 members on June 30, 1963, the minimum required contribution
2 shall be $420 per year of service together with interest at 4%
3 per year compounded annually from July 1, preceding the date of
4 membership until June 30, 1977 and at regular interest
5 compounded annually thereafter to the date of payment.
6     (c) In determining the contribution required in order to
7 receive creditable service under paragraph (3) of subsection
8 (b) of Section 16-127, the salary rate for the remainder of the
9 school term in which a member enters military service shall be
10 assumed to be equal to the member's salary rate at the time of
11 entering military service. However, for military service not
12 immediately following employment, the salary rate on the last
13 date as a participating teacher prior to such military service,
14 or on the first date as a participating teacher after such
15 military service, whichever is greater, shall be assumed to be
16 equal to the member's salary rate at the time of entering
17 military service. For each school term thereafter, the member's
18 salary rate shall be assumed to be 5% higher than the salary
19 rate in the previous school term.
20     (d) In determining the contribution required in order to
21 receive creditable service under paragraph (5) of subsection
22 (b) of Section 16-127, a member's salary rate during the period
23 for which credit is being established shall be assumed to be
24 equal to the member's last salary rate immediately preceding
25 that period.
26     (d-5) For each year of service credit to be established

 

 

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1 under subsection (b-1) of Section 16-127, a member is required
2 to contribute to the System (i) 16.5% of the annual salary rate
3 during the first year of full-time employment as a teacher
4 under this Article following the private school service, plus
5 (ii) interest thereon from the date of first full-time
6 employment as a teacher under this Article following the
7 private school service to the date of payment, compounded
8 annually, at the rate of 8.5% per year for periods before the
9 effective date of this amendatory Act of the 92nd General
10 Assembly, and for subsequent periods at a rate equal to the
11 System's actuarially assumed rate of return on investments.
12     (d-10) For service credit established under paragraph (6)
13 of subsection (b) of Section 16-127 for days granted by an
14 employer in excess of the member's normal annual sick leave
15 allotment, the employer is required to pay the normal cost of
16 benefits based upon such service credit. This subsection (d-10)
17 does not apply to sick leave granted to teachers under
18 contracts or collective bargaining agreements entered into,
19 amended, or renewed before June 1, 2005 (the effective date of
20 Public Act 94-4). The employer contributions required under
21 this subsection (d-10) shall be paid in the form of a lump sum
22 within 30 days after receipt of the bill after the teacher
23 begins receiving benefits under this Article.
24     (e) Except for contributions under subsection (d-10), the
25 contributions required under this Section may be made from the
26 date the statement for such creditable service is issued until

 

 

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1 retirement date. All such required contributions must be made
2 before any retirement annuity is granted.
3 (Source: P.A. 94-4, eff. 6-1-05; 94-1057, eff. 7-31-06.)
 
4     (40 ILCS 5/17-134)  (from Ch. 108 1/2, par. 17-134)
5     Sec. 17-134. Contributions for leaves of absence; military
6 service; computing service. In computing service for pension
7 purposes the following periods of service shall stand in lieu
8 of a like number of years of teaching service upon payment
9 therefor in the manner hereinafter provided: (a) time spent on
10 a leave of absence granted by the employer; (b) service with
11 teacher or labor organizations based upon special leaves of
12 absence therefor granted by an Employer; (c) a maximum of 5
13 years spent in the military service of the United States, of
14 which up to 2 years may have been served outside the pension
15 period; (d) unused sick days at termination of service to a
16 maximum of 244 days; (e) time lost due to layoff and
17 curtailment of the school term from June 6 through June 21,
18 1976; and (f) time spent after June 30, 1982 as a member of the
19 Board of Education, if required to resign from an
20 administrative or teaching position in order to qualify as a
21 member of the Board of Education.
22         (1) For time spent on or after September 6, 1948 on
23     sabbatical leaves of absence or sick leaves, for which
24     salaries are paid, an Employer shall make payroll
25     deductions at the applicable rates in effect during such

 

 

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1     periods.
2         (2) For time spent on a leave of absence granted by the
3     employer for which no salaries are paid, teachers desiring
4     credit therefor shall pay the required contributions at the
5     rates in effect during such periods as though they were in
6     teaching service. If an Employer pays salary for vacations
7     which occur during a teacher's sick leave or maternity or
8     paternity leave without salary, vacation pay for which the
9     teacher would have qualified while in active service shall
10     be considered part of the teacher's total salary for
11     pension purposes. No more than 36 months of leave credit
12     may be allowed any person during the entire term of
13     service. Sabbatical leave credit shall be limited to the
14     time the person on leave without salary under an Employer's
15     rules is allowed to engage in an activity for which he
16     receives salary or compensation.
17         (3) For time spent prior to September 6, 1948, on
18     sabbatical leaves of absence or sick leaves for which
19     salaries were paid, teachers desiring service credit
20     therefor shall pay the required contributions at the
21     maximum applicable rates in effect during such periods.
22         (4) For service with teacher or labor organizations
23     authorized by special leaves of absence, for which no
24     payroll deductions are made by an Employer, teachers
25     desiring service credit therefor shall contribute to the
26     Fund upon the basis of the actual salary received from such

 

 

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1     organizations at the percentage rates in effect during such
2     periods for certified positions with such Employer. To the
3     extent the actual salary exceeds the regular salary, which
4     shall be defined as the salary rate, as calculated by the
5     Board, in effect for the teacher's regular position in
6     teaching service on September 1, 1983 or on the effective
7     date of the leave with the organization, whichever is
8     later, the organization shall pay to the Fund the
9     employer's normal cost as set by the Board on the
10     increment.
11         (5) Except as otherwise provides in this paragraph (5),
12     for For time spent in the military service, teachers
13     entitled to and desiring credit therefor shall contribute
14     the amount required for each year of service or fraction
15     thereof at the rates in force (a) at the date of
16     appointment, or (b) on return to teaching service as a
17     regularly certified teacher, as the case may be; provided
18     such rates shall not be less than $450 per year of service.
19     These conditions shall apply unless an Employer elects to
20     and does pay into the Fund the amount which would have been
21     due from such person had he been employed as a teacher
22     during such time. In the case of credit for military
23     service not during the pension period, the teacher must
24     also pay to the Fund an amount determined by the Board to
25     be equal to the employer's normal cost of the benefits
26     accrued from such service, plus interest thereon at the

 

 

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1     rate of 5% per year, compounded annually, from the date the
2     teacher last became a participant in this Fund or November
3     19, 1991, whichever is later, of appointment to the date of
4     payment.
5         Beginning on the effective date of this amendatory Act
6     of the 95th General Assembly, the contributions specified
7     in this paragraph (5) are required for a member to
8     establish credit for military service served during the
9     pension period only if the period of military service ends
10     before the effective date of this amendatory Act of the
11     95th General Assembly; however, a member must pay the
12     contributions specified in this paragraph (5) in order to
13     establish credit for any military service served outside
14     the pension period. The changes in the required
15     contributions and interest for military service credit
16     made by this amendatory Act of the 95th General Assembly do
17     not entitle any person to a refund of contributions or
18     interest already paid.
19         The changes to this Section made by Public Act 87-795
20     shall apply not only to persons who on or after its
21     effective date are in service under the Fund, but also to
22     persons whose status as a teacher terminated prior to that
23     date, whether or not the person is an annuitant on that
24     date. In the case of an annuitant who applies for credit
25     allowable under this Section for a period of military
26     service that did not immediately follow employment, and who

 

 

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1     has made the required contributions for such credit, the
2     annuity shall be recalculated to include the additional
3     service credit, with the increase taking effect on the date
4     the Fund received written notification of the annuitant's
5     intent to purchase the credit, if payment of all the
6     required contributions is made within 60 days of such
7     notice, or else on the first annuity payment date following
8     the date of payment of the required contributions. In
9     calculating the automatic annual increase for an annuity
10     that has been recalculated under this Section, the increase
11     attributable to the additional service allowable under
12     this amendatory Act of 1991 shall be included in the
13     calculation of automatic annual increases accruing after
14     the effective date of the recalculation.
15         The total credit for military service shall not exceed
16     5 years, except that any teacher who on July 1, 1963, had
17     validated credit for more than 5 years of military service
18     shall be entitled to the total amount of such credit.
19         (6) A maximum of 244 unused sick days credited to his
20     account by an Employer on the date of termination of
21     employment. Members, upon verification of unused sick
22     days, may add this service time to total creditable
23     service.
24         (7) In all cases where time spent on leave is
25     creditable and no payroll deductions therefor are made by
26     an Employer, persons desiring service credit shall make the

 

 

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1     required contributions directly to the Fund.
2         (8) For time lost without pay due to layoff and
3     curtailment of the school term from June 6 through June 21,
4     1976, as provided in item (e) of the first paragraph of
5     this Section, persons who were contributors on the days
6     immediately preceding such layoff shall receive credit
7     upon paying to the Fund a contribution based on the rates
8     of compensation and employee contributions in effect at the
9     time of such layoff, together with an additional amount
10     equal to 12.2% of the compensation computed for such period
11     of layoff, plus interest on the entire amount at 5% per
12     annum from January 1, 1978 to the date of payment. If such
13     contribution is paid, salary for pension purposes for any
14     year in which such a layoff occurred shall include the
15     compensation recognized for purposes of computing that
16     contribution.
17         (9) For time spent after June 30, 1982, as a
18     nonsalaried member of the Board of Education, if required
19     to resign from an administrative or teaching position in
20     order to qualify as a member of the Board of Education, an
21     administrator or teacher desiring credit therefor shall
22     pay the required contributions at the rates and salaries in
23     effect during such periods as though the member were in
24     service.
25     Effective September 1, 1974, the interest charged for
26 validation of service described in paragraphs (2) through (5)

 

 

HB1515 - 20 - LRB095 04414 AMC 24459 b

1 of this Section shall be compounded annually at a rate of 5%
2 commencing one year after the termination of the leave or
3 return to service.
4 (Source: P.A. 92-599, eff. 6-28-02.)
 
5     Section 90. The State Mandates Act is amended by adding
6 Section 8.31 as follows:
 
7     (30 ILCS 805/8.31 new)
8     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
9 of this Act, no reimbursement by the State is required for the
10 implementation of any mandate created by this amendatory Act of
11 the 95th General Assembly.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.