Personnel and Pensions Committee
Adopted in House Comm. on May 29, 2007
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1 | AMENDMENT TO SENATE BILL 1380
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2 | AMENDMENT NO. ______. Amend Senate Bill 1380 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 adding | ||||||
5 | Sections 3-110.9, 8-226.7, and 9-121.17 and by changing | ||||||
6 | Sections 5-146, 5-147, 5-152, and 7-139 as follows: | ||||||
7 | (40 ILCS 5/3-110.9 new) | ||||||
8 | Sec. 3-110.9. Transfer to Article 9.
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9 | (a) Until 6 months after the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly, any active member | ||||||
11 | of a pension fund established under Article 9 of this Code may | ||||||
12 | apply for transfer of up to 6 years of his or her creditable | ||||||
13 | service accumulated in any police pension fund under this | ||||||
14 | Article to the Article 9 fund. Such creditable service shall be | ||||||
15 | transferred only upon payment by such police pension fund to | ||||||
16 | the Article 9 fund of an amount equal to: |
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1 | (1) the amounts accumulated to the credit of the
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2 | applicant on the books of the fund on the date of transfer; | ||||||
3 | and | ||||||
4 | (2) employer contributions in an amount equal to the
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5 | amount determined under subparagraph (1); and | ||||||
6 | (3) any interest paid by the applicant in order to
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7 | reinstate service. | ||||||
8 | Participation in the police pension fund shall terminate on | ||||||
9 | the date of transfer. | ||||||
10 | (b) Until 6 months after the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly, any active member | ||||||
12 | of an Article 9 fund may reinstate service that was terminated | ||||||
13 | by receipt of a refund, by payment to the police pension fund | ||||||
14 | of the amount of the refund with interest thereon at the rate | ||||||
15 | of 6% per year, compounded annually, from the date of refund to | ||||||
16 | the date of payment.
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17 | (40 ILCS 5/5-146) (from Ch. 108 1/2, par. 5-146)
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18 | Sec. 5-146. Wives and widows not entitled to annuities. The | ||||||
19 | following wives or widows have no right to annuity from the | ||||||
20 | fund:
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21 | (a) A wife or widow, married subsequent to the effective | ||||||
22 | date, of a
policeman who dies in service, if the marriage | ||||||
23 | occurred less than one year
prior to the policeman's death, | ||||||
24 | except with respect to a policeman who dies in the performance | ||||||
25 | of an act of duty, as
provided in Section 5-147 in cases where |
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1 | a widow
entitled to an annuity remarries after age 60, or when | ||||||
2 | a widow entitled
to an annuity remarries prior to attaining age | ||||||
3 | 60 and the marriage is
terminated, at any time thereafter, by | ||||||
4 | dissolution of marriage, declaration
of invalidity of marriage | ||||||
5 | or the death of the husband; if after an evidentiary hearing, | ||||||
6 | however, the Board, at its sole discretion determines that | ||||||
7 | special circumstances exist warranting payment of a widow's | ||||||
8 | annuity, then and only then shall the Board have authority to | ||||||
9 | grant and award the annuity that would have been otherwise | ||||||
10 | available;
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11 | (b) A wife or widow of a policeman who withdraws, whether | ||||||
12 | or not he
enters upon annuity, and dies out of service, if the | ||||||
13 | marriage occurred
after the effective date and less than one | ||||||
14 | year prior to the policeman's
death, and the widow was not his | ||||||
15 | wife while he was in
service; if after an evidentiary hearing, | ||||||
16 | however, the Board, at its sole discretion determines that | ||||||
17 | special circumstances exist warranting payment of a widow's | ||||||
18 | annuity, then and only then shall the Board have authority to | ||||||
19 | grant and award the annuity that would have been otherwise | ||||||
20 | available;
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21 | (c) A wife or widow of a policeman who (1) has served 10 or | ||||||
22 | more
years, (2) dies out of service after he has withdrawn, and | ||||||
23 | (3) has
received a refund of the sums to his credit for | ||||||
24 | annuity, and such refund
has not been repaid in accordance with | ||||||
25 | the other provisions of this Article;
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26 | (d) A wife or widow of a policeman who dies out of service |
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1 | after he
has withdrawn, and who has not served at least 10 | ||||||
2 | years;
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3 | (e) A former wife of a policeman who has had a judgment of | ||||||
4 | dissolution
of marriage from her policeman husband annulled, | ||||||
5 | vacated or set aside by
court proceedings subsequent to the | ||||||
6 | policeman's death, unless (1) the
proceedings were filed within | ||||||
7 | 5 years after the date of dissolution of
marriage, and within 1 | ||||||
8 | year after the policeman's death, and (2) the board
was made a | ||||||
9 | party to the proceedings;
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10 | (f) A widow of a policeman who died prior to January 1, | ||||||
11 | 1922, if she
had been denied a pension by the board of trustees | ||||||
12 | of any police pension
fund existing in the city by operation of | ||||||
13 | any other law;
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14 | (g) A widow of a policeman who has been denied a pension or | ||||||
15 | annuity
by the board created by this Article and who files a | ||||||
16 | petition for a
rehearing, or files a second application for | ||||||
17 | annuity, unless the
petition for rehearing or second | ||||||
18 | application is filed within 1 year from
the date upon which the | ||||||
19 | annuity was denied by the board; provided, that
in the case of | ||||||
20 | legal disability, the year of limitation
shall begin on the day | ||||||
21 | after the termination of such disability.
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22 | (Source: P.A. 86-272.)
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23 | (40 ILCS 5/5-147) (from Ch. 108 1/2, par. 5-147)
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24 | Sec. 5-147. Widow's marriage to terminate annuity. | ||||||
25 | (a) Beginning on the effective date of this amendatory Act |
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1 | of the
95th General Assembly, a widow's annuity shall no longer | ||||||
2 | be subject to
termination or suspension under this Section due | ||||||
3 | to remarriage. Any widow's
annuity that was previously | ||||||
4 | terminated or suspended under this Section by
reason of | ||||||
5 | remarriage shall, upon application, be resumed as of the date | ||||||
6 | of the
application, but in no event sooner than the effective | ||||||
7 | date of this amendatory
Act. The resumption shall not be | ||||||
8 | retroactive. This subsection (a) applies
regardless of whether | ||||||
9 | or not the deceased policeman was in service on or after
the | ||||||
10 | effective date of this amendatory Act of the 95th General | ||||||
11 | Assembly.
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12 | (b) This subsection (b) does not apply on or after the | ||||||
13 | effective date of
this amendatory Act of the 95th General | ||||||
14 | Assembly.
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15 | Any annuity
granted to a widow shall be suspended when she | ||||||
16 | remarries, unless she
remarries after attaining age 60 or the | ||||||
17 | annuity was granted under Section
5-144 and the remarriage | ||||||
18 | takes place after October 31, 1989.
Except as otherwise | ||||||
19 | provided by this Section, if a widow remarries before reaching
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20 | age 60, annuity payment shall be suspended, but the widow's | ||||||
21 | annuity
payments shall be resumed if the subsequent marriage | ||||||
22 | ends either by dissolution of
marriage, declaration of | ||||||
23 | invalidity of marriage or the death of the
husband. If a widow | ||||||
24 | remarries after attaining age 60, or the annuity was
granted | ||||||
25 | under Section 5-144 and the remarriage takes place after June | ||||||
26 | 1,
1990, regardless of whether or not the deceased policeman |
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1 | was in service on
or after the effective date of this | ||||||
2 | amendatory Act of 1991, the widow's
annuity shall continue | ||||||
3 | without interruption.
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4 | If when a widow dies she
has not received, in form of | ||||||
5 | annuity, an amount equal to the accumulated
employee | ||||||
6 | contributions for widow's annuity,
the difference between such | ||||||
7 | accumulated contributions and the sum
received by her, along | ||||||
8 | with any part of the accumulated contributions
for age and | ||||||
9 | service annuity remaining in the fund at her death shall be
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10 | refunded to the policemen's children, in equal parts to each; | ||||||
11 | provided,
if any child is less than age 18, such part of any | ||||||
12 | such amount required
to pay annuities to such children shall be | ||||||
13 | transferred to the child's
annuity reserve. If no children or | ||||||
14 | descendants thereof survive the
policeman, such refund shall be | ||||||
15 | paid to the estate of the policeman. In
making refunds under | ||||||
16 | this Section, no interest shall be considered upon
either the | ||||||
17 | total of annuity payments made or the amounts subject to
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18 | refund.
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19 | (Source: P.A. 86-1488.)
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20 | (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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21 | Sec. 5-152. Child's annuity - Conditions - Amount. A | ||||||
22 | child's
annuity shall be payable in the following cases of | ||||||
23 | policemen who die
on or after the effective date: (a) A | ||||||
24 | policeman whose death results
from injury incurred in the | ||||||
25 | performance of an act or acts of duty;
(b) a policeman who dies |
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1 | in service from any cause; (c) a policeman
who withdraws upon | ||||||
2 | or after attainment of age 50 and who enters upon
or is | ||||||
3 | eligible for annuity; (d) a present employee with at least 20
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4 | years of service who dies after withdrawal, whether or not he | ||||||
5 | has
entered upon annuity.
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6 | A child to be eligible must have been born or legally | ||||||
7 | adopted
before the policeman has withdrawn from service. In the | ||||||
8 | case of an adopted
child, the policeman shall be married and | ||||||
9 | living with his wife at the
time of the adoption, and the | ||||||
10 | proceedings for adoption must have been
initiated at least 6 | ||||||
11 | months prior to the policeman's death. The requirement
that the | ||||||
12 | proceedings for adoption be initiated at least 6 months prior | ||||||
13 | to
the policeman's death does not apply where death occurs as a | ||||||
14 | result of
an act of duty.
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15 | Only one annuity shall be granted and paid for the benefit | ||||||
16 | of
any child if both parents have been policemen.
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17 | The annuity shall be paid, without regard to the fact that
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18 | the death of the deceased policeman parent may have occurred | ||||||
19 | prior to
the effective date of this amendatory Act of 1975, in
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20 | an amount equal to 10% of the
annual maximum salary attached to | ||||||
21 | the classified civil
service position of a first class | ||||||
22 | patrolman
on July 1, 1975, or the date of the policeman's | ||||||
23 | death, whichever is later,
for each child while a widow or | ||||||
24 | widower of the
deceased policeman survives and in
an amount | ||||||
25 | equal to 15% of the annual maximum
salary attached to the | ||||||
26 | classified civil service position of a first
class patrolman on |
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1 | July 1, 1975, or the date of the policeman's death, whichever
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2 | is later, while no widow
or widower shall survive,
provided | ||||||
3 | that if the combined annuities for the widow
and children of a | ||||||
4 | policeman who dies on or after September 26, 1969,
as the | ||||||
5 | result of an act of duty, or for the children of such
policeman | ||||||
6 | in any case wherein a widow or widower does not exist,
exceed | ||||||
7 | the salary that would ordinarily have been paid to him if
he | ||||||
8 | had been in the active discharge of his duties, all such | ||||||
9 | annuities shall be
reduced pro rata so that the combined | ||||||
10 | annuities for the family shall
not exceed such limitation. The | ||||||
11 | compensation portion of the annuity
of the widow shall not be | ||||||
12 | considered in making such reduction.
No age limitation in this | ||||||
13 | Section or Section 5-151 shall apply to a child who is so | ||||||
14 | physically or mentally handicapped as to be unable to support | ||||||
15 | himself or herself. Benefits payable under this Section shall | ||||||
16 | not be reduced or
terminated by reason of any child's | ||||||
17 | attainment of age 18 if he is then
dependent by reason of a | ||||||
18 | physical or mental disability but shall continue
to be paid as | ||||||
19 | long as such dependency continues. For the purposes of this
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20 | subsection, "disability" means inability to engage in any | ||||||
21 | substantial
gainful activity by reason of any medically | ||||||
22 | determinable physical or
mental impairment which can be | ||||||
23 | expected to result in death or which has
lasted or can be | ||||||
24 | expected to last for a continuous period of not less
than 12 | ||||||
25 | months.
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26 | In the case of a family of a policeman who dies on or after
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1 | September 26, 1969, as the result of any cause other than the | ||||||
2 | performance
of an act of duty, in which annuities for such | ||||||
3 | family exceed an amount
equal to 60% of the salary that would | ||||||
4 | ordinarily have been paid to
him if he had been in the active | ||||||
5 | discharge of his duties, all such
annuities shall be reduced | ||||||
6 | pro rata so that the combined annuities shall
not exceed such | ||||||
7 | limitation.
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8 | Child's annuity shall be paid to the parent providing for
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9 | the child, unless another person is appointed by a court of law | ||||||
10 | as
the child's guardian.
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11 | (Source: P.A. 79-699; 79-881; 79-1454.)
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12 | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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13 | Sec. 7-139. Credits and creditable service to employees.
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14 | (a) Each participating employee shall be granted credits | ||||||
15 | and creditable
service, for purposes of determining the amount | ||||||
16 | of any annuity or benefit
to which he or a beneficiary is | ||||||
17 | entitled, as follows:
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18 | 1. For prior service: Each participating employee who | ||||||
19 | is an employee
of a participating municipality or | ||||||
20 | participating instrumentality on the
effective date shall | ||||||
21 | be granted creditable service, but no credits under
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22 | paragraph 2 of this subsection (a), for periods of prior | ||||||
23 | service for which
credit has not been received under any | ||||||
24 | other pension fund or retirement system
established under | ||||||
25 | this Code, as follows:
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1 | If the effective date of participation for the | ||||||
2 | participating municipality
or participating | ||||||
3 | instrumentality is on or before January 1, 1998, creditable
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4 | service shall be granted for the entire period of prior | ||||||
5 | service with that
employer without any employee | ||||||
6 | contribution.
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7 | If the effective date of participation for the | ||||||
8 | participating municipality
or participating | ||||||
9 | instrumentality is after January 1, 1998, creditable
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10 | service shall be granted for the last 20% of the period of | ||||||
11 | prior service with
that employer, but no more than 5 years, | ||||||
12 | without any employee contribution. A
participating | ||||||
13 | employee may establish creditable service for the | ||||||
14 | remainder of
the period of prior service with that employer | ||||||
15 | by making an application in
writing, accompanied by payment | ||||||
16 | of an employee contribution in an
amount determined by the | ||||||
17 | Fund, based on the employee contribution rates in
effect at | ||||||
18 | the time of application for the creditable service and the | ||||||
19 | employee's
salary rate on the effective date of | ||||||
20 | participation for that employer, plus
interest at the | ||||||
21 | effective rate from the date of the prior service to the | ||||||
22 | date
of payment. Application for this creditable service | ||||||
23 | may be made at any time
while the employee is still in | ||||||
24 | service.
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25 | A municipality that (i) has at least 35 employees; (ii) | ||||||
26 | is located in a county with at least 2,000,000 inhabitants; |
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1 | and (iii) maintains an independent defined benefit pension | ||||||
2 | plan for the benefit of its eligible employees may restrict | ||||||
3 | creditable service in whole or in part for periods of prior | ||||||
4 | service with the employer if the governing body of the | ||||||
5 | municipality adopts an irrevocable resolution to restrict | ||||||
6 | that creditable service and files the resolution with the | ||||||
7 | board before the municipality's effective date of | ||||||
8 | participation.
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9 | Any person who has withdrawn from the service of a | ||||||
10 | participating
municipality
or participating | ||||||
11 | instrumentality prior to the effective date, who reenters
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12 | the service of the same municipality or participating | ||||||
13 | instrumentality after
the effective date and becomes a | ||||||
14 | participating employee is entitled to
creditable service | ||||||
15 | for prior service as otherwise provided in this
subdivision | ||||||
16 | (a)(1) only if he or she renders 2 years of service as a
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17 | participating employee after the effective date. | ||||||
18 | Application
for such service must be made while in a | ||||||
19 | participating status.
The salary rate to be used in the | ||||||
20 | calculation of the required employee
contribution, if any, | ||||||
21 | shall be the employee's salary rate at the time of first
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22 | reentering service with the employer after the employer's | ||||||
23 | effective date of
participation.
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24 | 2. For current service, each participating employee | ||||||
25 | shall be
credited with:
| ||||||
26 | a. Additional credits of amounts equal to each |
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1 | payment of additional
contributions received from him | ||||||
2 | under Section 7-173, as of the
date the corresponding | ||||||
3 | payment of earnings is payable to him.
| ||||||
4 | b. Normal credits of amounts equal to each payment | ||||||
5 | of normal
contributions received from him, as of the | ||||||
6 | date the corresponding payment of
earnings is payable | ||||||
7 | to him, and normal contributions made for the purpose | ||||||
8 | of
establishing out-of-state service credits as | ||||||
9 | permitted under the conditions set
forth in paragraph 6 | ||||||
10 | of this subsection (a).
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11 | c. Municipality credits in an amount equal to 1.4 | ||||||
12 | times the normal
credits, except those established by | ||||||
13 | out-of-state service credits, as of
the date of | ||||||
14 | computation of any benefit if these credits would | ||||||
15 | increase
the benefit.
| ||||||
16 | d. Survivor credits equal to each payment of | ||||||
17 | survivor contributions
received from the participating | ||||||
18 | employee as of the date the
corresponding payment of | ||||||
19 | earnings is payable, and survivor contributions made
| ||||||
20 | for the purpose of establishing out-of-state service | ||||||
21 | credits.
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22 | 3. For periods of temporary and total and permanent | ||||||
23 | disability
benefits, each employee receiving disability | ||||||
24 | benefits shall be granted
creditable service for the period | ||||||
25 | during which disability benefits are
payable. Normal and | ||||||
26 | survivor credits, based upon the rate of earnings
applied |
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1 | for disability benefits, shall also be granted if such | ||||||
2 | credits
would result in a higher benefit to any such | ||||||
3 | employee or his
beneficiary.
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4 | 4. For authorized leave of absence without pay: A | ||||||
5 | participating
employee shall be granted credits and | ||||||
6 | creditable service for periods of
authorized leave of | ||||||
7 | absence without pay under the following
conditions:
| ||||||
8 | a. An application for credits and creditable | ||||||
9 | service is submitted to the
board while the employee is | ||||||
10 | in a status of
active employment, and within 2 years | ||||||
11 | after termination of the
leave of absence period for | ||||||
12 | which credits and creditable service are
sought.
| ||||||
13 | b. Not more than 12 complete months of creditable | ||||||
14 | service
for authorized leave of absence without pay | ||||||
15 | shall be counted for purposes of
determining any | ||||||
16 | benefits payable under this Article.
| ||||||
17 | c. Credits and creditable service shall be granted | ||||||
18 | for leave of
absence only if such leave is approved by | ||||||
19 | the governing body of the
municipality, including | ||||||
20 | approval of the estimated cost thereof to the
| ||||||
21 | municipality as determined by the fund, and employee | ||||||
22 | contributions, plus
interest at the effective rate | ||||||
23 | applicable for each year from the end of
the period of | ||||||
24 | leave to date of payment, have been paid to the fund in
| ||||||
25 | accordance with Section 7-173. The contributions shall | ||||||
26 | be computed upon the
assumption earnings continued |
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| |||||||
1 | during the period of leave at the rate in
effect when | ||||||
2 | the leave began.
| ||||||
3 | d. Benefits under the provisions of Sections | ||||||
4 | 7-141, 7-146, 7-150
and 7-163 shall become payable to | ||||||
5 | employees on authorized leave of
absence, or their | ||||||
6 | designated beneficiary, only if such leave of absence
| ||||||
7 | is creditable hereunder, and if the employee has at | ||||||
8 | least one year of
creditable service other than the | ||||||
9 | service granted for leave of absence.
Any employee | ||||||
10 | contributions due may be deducted from any benefits
| ||||||
11 | payable.
| ||||||
12 | e. No credits or creditable service shall be | ||||||
13 | allowed for leave of
absence without pay during any | ||||||
14 | period of prior service.
| ||||||
15 | 5. For military service: The governing body of a | ||||||
16 | municipality or
participating instrumentality may elect to | ||||||
17 | allow creditable service to
participating employees who | ||||||
18 | leave their employment to serve in the armed
forces of the | ||||||
19 | United States for all periods of such service, provided
| ||||||
20 | that the person returns to active employment within 90 days | ||||||
21 | after
completion
of full time active duty, but no | ||||||
22 | creditable service shall be allowed such
person for any | ||||||
23 | period that can be used in the computation of a pension
or | ||||||
24 | any other pay or benefit, other than pay for active duty, | ||||||
25 | for service
in any branch of the armed forces of the United | ||||||
26 | States. If necessary to
the computation of any benefit, the |
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1 | board shall establish municipality
credits for | ||||||
2 | participating employees under this paragraph on the
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3 | assumption that the employee received earnings at the rate | ||||||
4 | received at
the time he left the employment to enter the | ||||||
5 | armed forces. A
participating employee in the armed forces | ||||||
6 | shall not be considered an
employee during such period of | ||||||
7 | service and no additional death and no
disability benefits | ||||||
8 | are payable for death or disability during such period.
| ||||||
9 | Any participating employee who left his employment | ||||||
10 | with a
municipality or participating instrumentality to | ||||||
11 | serve in the armed
forces of the United States and who | ||||||
12 | again became a participating
employee within 90 days after | ||||||
13 | completion of full time active duty by
entering the service | ||||||
14 | of a different municipality or participating
| ||||||
15 | instrumentality, which has elected to allow creditable | ||||||
16 | service for
periods of military service under the preceding | ||||||
17 | paragraph, shall also be
allowed creditable service for his | ||||||
18 | period of military service on the
same terms that would | ||||||
19 | apply if he had been employed, before entering
military | ||||||
20 | service, by the municipality or instrumentality which | ||||||
21 | employed
him after he left the military service and the | ||||||
22 | employer costs arising in
relation to such grant of | ||||||
23 | creditable service shall be charged to and
paid by that | ||||||
24 | municipality or instrumentality.
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25 | Notwithstanding the foregoing, any participating | ||||||
26 | employee
shall be entitled to creditable service as |
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| |||||||
1 | required by any federal law
relating to re-employment | ||||||
2 | rights of persons who served in the United States
Armed | ||||||
3 | Services. Such creditable service shall be granted upon | ||||||
4 | payment by
the member of an amount equal to the employee | ||||||
5 | contributions which would
have been required had the | ||||||
6 | employee continued in service at the same
rate of earnings | ||||||
7 | during the military leave period, plus interest at
the | ||||||
8 | effective rate.
| ||||||
9 | 5.1. In addition to any creditable service established | ||||||
10 | under
paragraph 5 of this subsection (a), creditable | ||||||
11 | service may be granted for
up to 24 months of service in | ||||||
12 | the armed forces of the United States.
| ||||||
13 | In order to receive creditable service for military | ||||||
14 | service under this
paragraph 5.1, a participating employee | ||||||
15 | must (1) apply to the Fund
in writing and provide evidence | ||||||
16 | of the military service that is satisfactory
to the Board; | ||||||
17 | (2) obtain the written approval of the current employer; | ||||||
18 | and (3)
make contributions to the Fund equal to (i)
the | ||||||
19 | employee contributions that would have been required had | ||||||
20 | the service been
rendered as a member, plus (ii) an amount | ||||||
21 | determined by the board to be equal
to the employer's | ||||||
22 | normal cost of the benefits accrued for that military
| ||||||
23 | service, plus (iii) interest on items (i) and (ii) from the | ||||||
24 | date of first
membership in the Fund to the date of | ||||||
25 | payment. If payment is made during
the 6-month period that | ||||||
26 | begins 3 months after the effective date of this
amendatory |
| |||||||
| |||||||
1 | Act of 1997, the required interest shall be at the rate of | ||||||
2 | 2.5%
per year, compounded annually; otherwise, the | ||||||
3 | required interest shall be
calculated at the regular | ||||||
4 | interest rate.
| ||||||
5 | 6. For out-of-state service: Creditable service shall | ||||||
6 | be granted for
service rendered to an out-of-state local | ||||||
7 | governmental body under the
following conditions: The | ||||||
8 | employee had participated and has irrevocably
forfeited | ||||||
9 | all rights to benefits in the out-of-state public employees
| ||||||
10 | pension system; the governing body of his participating | ||||||
11 | municipality or
instrumentality authorizes the employee to | ||||||
12 | establish such service; the
employee has 2 years current | ||||||
13 | service with this municipality or
participating | ||||||
14 | instrumentality; the employee makes a payment of
| ||||||
15 | contributions, which shall be computed at 8% (normal) plus | ||||||
16 | 2% (survivor)
times length of service purchased times the | ||||||
17 | average rate of earnings for the
first 2
years of service | ||||||
18 | with the municipality or participating
instrumentality | ||||||
19 | whose governing body authorizes the service established
| ||||||
20 | plus interest at the effective rate on the date such | ||||||
21 | credits are
established, payable from the date the employee | ||||||
22 | completes the required 2
years of current service to date | ||||||
23 | of payment. In no case shall more than
120 months of | ||||||
24 | creditable service be granted under this provision.
| ||||||
25 | 7. For retroactive service: Any employee who could have | ||||||
26 | but did not
elect to become a participating employee, or |
| |||||||
| |||||||
1 | who should have been a
participant in the Municipal Public | ||||||
2 | Utilities Annuity and Benefit Fund
before that fund was | ||||||
3 | superseded, may receive creditable service for the
period | ||||||
4 | of service not to exceed 50 months; however, a current or | ||||||
5 | former
elected or appointed official of a participating | ||||||
6 | municipality may establish credit under this paragraph 7 | ||||||
7 | for more than 50
months of service as an official of that | ||||||
8 | municipality, if the excess over 50 months is approved by | ||||||
9 | resolution of the
governing body of the affected | ||||||
10 | municipality filed with
the Fund before January 1, 2002.
| ||||||
11 | Any employee who is a
participating employee on or | ||||||
12 | after September 24, 1981 and who was
excluded from | ||||||
13 | participation by the age restrictions removed by Public Act
| ||||||
14 | 82-596 may receive creditable service for the period, on or | ||||||
15 | after January
1, 1979, excluded by the age restriction and, | ||||||
16 | in addition, if the governing
body of the participating | ||||||
17 | municipality or participating instrumentality elects
to | ||||||
18 | allow creditable service for all employees excluded by the | ||||||
19 | age restriction
prior to January 1, 1979, for service | ||||||
20 | during the period prior to that date
excluded by the age | ||||||
21 | restriction. Any employee who was excluded from
| ||||||
22 | participation by the age restriction removed by Public Act | ||||||
23 | 82-596 and who is
not a participating employee on or after | ||||||
24 | September 24, 1981 may receive
creditable service for | ||||||
25 | service after January 1,
1979. Creditable service under | ||||||
26 | this paragraph
shall be granted upon payment of the |
| |||||||
| |||||||
1 | employee contributions
which would have been required had | ||||||
2 | he participated, with interest at the
effective rate for | ||||||
3 | each year from the end of the period of service
established | ||||||
4 | to date of payment.
| ||||||
5 | 8. For accumulated unused sick leave: A participating | ||||||
6 | employee who is
applying for a retirement annuity shall be | ||||||
7 | entitled to creditable service
for that portion of the | ||||||
8 | employee's accumulated unused sick leave
for which payment | ||||||
9 | is not received, as follows:
| ||||||
10 | a. Sick leave days shall be limited to those | ||||||
11 | accumulated under a sick
leave plan established by a | ||||||
12 | participating municipality or participating
| ||||||
13 | instrumentality which is available to all employees or | ||||||
14 | a class of employees.
| ||||||
15 | b. Only sick leave days accumulated with a | ||||||
16 | participating municipality or
participating | ||||||
17 | instrumentality with which the employee was in service | ||||||
18 | within
60 days of the effective date of his retirement | ||||||
19 | annuity shall be credited;
If the employee was in | ||||||
20 | service with more than one employer during this
period | ||||||
21 | only the sick leave days with the employer with which | ||||||
22 | the employee
has the greatest number of unpaid sick | ||||||
23 | leave days shall be considered.
| ||||||
24 | c. The creditable service granted shall be | ||||||
25 | considered solely for the
purpose of computing the | ||||||
26 | amount of the retirement annuity and shall not be
used |
| |||||||
| |||||||
1 | to establish any minimum service period required by any | ||||||
2 | provision of the
Illinois Pension Code, the effective | ||||||
3 | date of the retirement annuity, or the
final rate of | ||||||
4 | earnings.
| ||||||
5 | d. The creditable service shall be at the rate of | ||||||
6 | 1/20 of a month for
each full sick day, provided that | ||||||
7 | no more than 12 months may be credited
under this | ||||||
8 | subdivision 8.
| ||||||
9 | e. Employee contributions shall not be required | ||||||
10 | for creditable service
under this subdivision 8.
| ||||||
11 | f. Each participating municipality and | ||||||
12 | participating instrumentality
with which an employee | ||||||
13 | has service within 60 days of the effective date of
his | ||||||
14 | retirement annuity shall certify to the board the | ||||||
15 | number of accumulated
unpaid sick leave days credited | ||||||
16 | to the employee at the time of termination
of service.
| ||||||
17 | 9. For service transferred from another system: | ||||||
18 | Credits and
creditable service shall be granted for service | ||||||
19 | under Article 3, 4, 5, 8, 14 ,
or 16 of this Act, to any | ||||||
20 | active member of this Fund, and to any
inactive member who | ||||||
21 | has been a county sheriff, upon
transfer of such credits | ||||||
22 | pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
| ||||||
23 | 14-105.6 , or 16-131.4, and payment by the member of the | ||||||
24 | amount by
which (1) the employer and employee contributions | ||||||
25 | that would have been required
if he had participated in | ||||||
26 | this Fund as a sheriff's law enforcement employee
during |
| |||||||
| |||||||
1 | the period for which credit is
being transferred, plus | ||||||
2 | interest thereon at the effective rate for each
year, | ||||||
3 | compounded annually, from the date of termination of the | ||||||
4 | service for
which credit is being transferred to the date | ||||||
5 | of payment, exceeds (2) the
amount actually transferred to | ||||||
6 | the Fund.
Such transferred service shall be deemed to be | ||||||
7 | service as a sheriff's law
enforcement employee for the | ||||||
8 | purposes of Section 7-142.1.
| ||||||
9 | 10. For service transferred from an Article 3 system | ||||||
10 | under Section 3-110.8: Credits and
creditable service | ||||||
11 | shall be granted for service under Article 3 of this Act as | ||||||
12 | provided in Section 3-110.8, to any active member of this | ||||||
13 | Fund upon
transfer of such credits pursuant to Section | ||||||
14 | 3-110.8. If the amount by
which (1) the employer and | ||||||
15 | employee contributions that would have been required
if he | ||||||
16 | had participated in this Fund during the period for which | ||||||
17 | credit is
being transferred, plus interest thereon at the | ||||||
18 | effective rate for each
year, compounded annually, from the | ||||||
19 | date of termination of the service for
which credit is | ||||||
20 | being transferred to the date of payment, exceeds (2) the
| ||||||
21 | amount actually transferred to the Fund, then the amount of | ||||||
22 | creditable service established under this paragraph 10 | ||||||
23 | shall be reduced by a corresponding amount in accordance | ||||||
24 | with the rules and procedures established under this | ||||||
25 | paragraph 10.
| ||||||
26 | The board shall establish by rule the manner of making |
| |||||||
| |||||||
1 | the calculation required under
this paragraph 10, taking | ||||||
2 | into account the appropriate actuarial
assumptions; the | ||||||
3 | member's service, age, and salary history; the level
of | ||||||
4 | funding of the employer; and
any other factors that the | ||||||
5 | board determines to be relevant.
| ||||||
6 | (b) Creditable service - amount:
| ||||||
7 | 1. One month of creditable service
shall be allowed for | ||||||
8 | each month for which a participating employee made
| ||||||
9 | contributions as required under Section 7-173, or for which | ||||||
10 | creditable
service is otherwise granted hereunder. Not | ||||||
11 | more than 1 month of
service shall be credited and counted | ||||||
12 | for 1 calendar month, and not more
than 1 year of service | ||||||
13 | shall be credited and counted for any calendar
year. A | ||||||
14 | calendar month means a nominal month beginning on the first | ||||||
15 | day
thereof, and a calendar year means a year beginning | ||||||
16 | January 1 and ending
December 31.
| ||||||
17 | 2. A seasonal employee shall be given 12 months of | ||||||
18 | creditable
service if he renders the number of months of | ||||||
19 | service normally required
by the position in a 12-month | ||||||
20 | period and he remains in service for the
entire 12-month | ||||||
21 | period. Otherwise a fractional year of service in the
| ||||||
22 | number of months of service rendered shall be credited.
| ||||||
23 | 3. An intermittent employee shall be given creditable | ||||||
24 | service for
only those months in which a contribution is | ||||||
25 | made under Section 7-173.
| ||||||
26 | (c) No application for correction of credits or creditable |
| |||||||
| |||||||
1 | service shall
be considered unless the board receives an | ||||||
2 | application for correction while
(1) the applicant is a | ||||||
3 | participating employee and in active employment
with a | ||||||
4 | participating municipality or instrumentality, or (2) while | ||||||
5 | the
applicant is actively participating in a pension fund or | ||||||
6 | retirement
system which is a participating system under the | ||||||
7 | Retirement Systems
Reciprocal Act. A participating employee or | ||||||
8 | other applicant shall not be
entitled to credits or creditable | ||||||
9 | service unless the required employee
contributions are made in | ||||||
10 | a lump sum or in installments made in accordance
with board | ||||||
11 | rule.
| ||||||
12 | (d) Upon the granting of a retirement, surviving spouse or | ||||||
13 | child
annuity, a death benefit or a separation benefit, on | ||||||
14 | account of any
employee, all individual accumulated credits | ||||||
15 | shall thereupon terminate.
Upon the withdrawal of additional | ||||||
16 | contributions, the credits applicable
thereto shall thereupon | ||||||
17 | terminate. Terminated credits shall not be applied
to increase | ||||||
18 | the benefits any remaining employee would otherwise receive | ||||||
19 | under
this Article.
| ||||||
20 | (Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
| ||||||
21 | (40 ILCS 5/8-226.7 new) | ||||||
22 | Sec. 8-226.7. Transfer to Article 7. Until 6 months after | ||||||
23 | the effective date of this amendatory Act of the 95th General | ||||||
24 | Assembly, any member who is a sheriff's law enforcement | ||||||
25 | employee under Article 7 of this Code who is eligible to |
| |||||||
| |||||||
1 | transfer service credit to that Fund from this Fund under | ||||||
2 | paragraph (9) of subsection (a) of Section 7-139 may apply for | ||||||
3 | transfer of that service credit to the Illinois Municipal | ||||||
4 | Retirement Fund. The credits and creditable service shall be | ||||||
5 | transferred upon application, and shall include payment by this | ||||||
6 | Fund to the Illinois Municipal Retirement Fund of: | ||||||
7 | (1) the amounts accumulated to the credit of the | ||||||
8 | applicant for that service, including interest, on the | ||||||
9 | books of the Fund on the date of transfer; and | ||||||
10 | (2) the corresponding employer credits computed and | ||||||
11 | credited for that service under this Article, including | ||||||
12 | interest, on the books of the Fund on the date of transfer. | ||||||
13 | Participation in this Fund as to the credits transferred | ||||||
14 | under this Section shall terminate on the date of transfer. | ||||||
15 | (40 ILCS 5/9-121.17 new) | ||||||
16 | Sec. 9-121.17. Transfer from Article 3. Until 6 months | ||||||
17 | after the effective date, an employee may transfer to this Fund | ||||||
18 | up to 6 years of creditable service accumulated under Article 3 | ||||||
19 | of this Code, upon payment to this Fund of (1) the amount by | ||||||
20 | which the employee and employer contributions that would have | ||||||
21 | been required if the employee had participated in this Fund | ||||||
22 | during the period for which credit is being transferred, plus | ||||||
23 | interest, exceeds the amount actually transferred from the | ||||||
24 | Article 3 fund to this Fund, plus (2) interest on the amount | ||||||
25 | determined under item (1) at the rate of 6% per year, |
| |||||||
| |||||||
1 | compounded annually, from the date of the transfer to the date | ||||||
2 | of payment. | ||||||
3 | Section 90. The State Mandates Act is amended by adding | ||||||
4 | Section 8.31 as follows: | ||||||
5 | (30 ILCS 805/8.31 new) | ||||||
6 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this Act, no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by this amendatory Act of | ||||||
9 | the 95th General Assembly.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|