HB4644 Enrolled LRB096 14771 AMC 29624 b

1     AN ACT concerning 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 7-142, 7-142.1, 7-145.1, 9-121.6, 14-104, and by
6 adding Sections 9-128.2 and 15-113.11 as follows:
 
7     (40 ILCS 5/7-142)  (from Ch. 108 1/2, par. 7-142)
8     Sec. 7-142. Retirement annuities - Amount.
9     (a) The amount of a retirement annuity shall be the sum of
10 the following, determined in accordance with the actuarial
11 tables in effect at the time of the grant of the annuity:
12         1. For employees with 8 or more years of service, an
13     annuity computed pursuant to subparagraphs a or b of this
14     subparagraph 1, whichever is the higher, and for employees
15     with less than 8 years of service the annuity computed
16     pursuant to subparagraph a:
17             a. The monthly annuity which can be provided from
18         the total accumulated normal, municipality and prior
19         service credits, as of the attained age of the employee
20         on the date the annuity begins provided that such
21         annuity shall not exceed 75% of the final rate of
22         earnings of the employee.
23             b. (i) The monthly annuity amount determined as

 

 

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1         follows by multiplying (a) 1 2/3% for annuitants with
2         not more than 15 years or (b) 1 2/3% for the first 15
3         years and 2% for each year in excess of 15 years for
4         annuitants with more than 15 years by the number of
5         years plus fractional years, prorated on a basis of
6         months, of creditable service and multiply the product
7         thereof by the employee's final rate of earnings.
8             (ii) For the sole purpose of computing the formula
9         (and not for the purposes of the limitations
10         hereinafter stated) $125 shall be considered the final
11         rate of earnings in all cases where the final rate of
12         earnings is less than such amount.
13             (iii) The monthly annuity computed in accordance
14         with this subparagraph b, shall not exceed an amount
15         equal to 75% of the final rate of earnings.
16             (iv) For employees who have less than 35 years of
17         service, the annuity computed in accordance with this
18         subparagraph b (as reduced by application of
19         subparagraph (iii) above) shall be reduced by 0.25%
20         thereof (0.5% if service was terminated before January
21         1, 1988) for each month or fraction thereof (1) that
22         the employee's age is less than 60 years, or (2) if the
23         employee has at least 30 years of service credit, that
24         the employee's service credit is less than 35 years,
25         whichever is less, on the date the annuity begins.
26         2. The annuity which can be provided from the total

 

 

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1     accumulated additional credits as of the attained age of
2     the employee on the date the annuity begins.
3     (b) If payment of an annuity begins prior to the earliest
4 age at which the employee will become eligible for an old age
5 insurance benefit under the Federal Social Security Act, he may
6 elect that the annuity payments from this fund shall exceed
7 those payable after his attaining such age by an amount,
8 computed as determined by rules of the Board, but not in excess
9 of his estimated Social Security Benefit, determined as of the
10 effective date of the annuity, provided that in no case shall
11 the total annuity payments made by this fund exceed in
12 actuarial value the annuity which would have been payable had
13 no such election been made.
14     (c) The retirement annuity shall be increased each year by
15 2%, not compounded, of the monthly amount of annuity, taking
16 into consideration any adjustment under paragraph (b) of this
17 Section. This increase shall be effective each January 1 and
18 computed from the effective date of the retirement annuity, the
19 first increase being .167% of the monthly amount times the
20 number of months from the effective date to January 1.
21 Beginning January 1, 1984 and thereafter, the retirement
22 annuity shall be increased by 3% each year, not compounded.
23 This increase shall not be applicable to annuitants who are not
24 in service on or after September 8, 1971.
25     (d) Any elected county officer who was entitled to receive
26 a stipend from the State on or after July 1, 2009 and on or

 

 

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1 before June 30, 2010 may establish earnings credit for the
2 amount of stipend not received, if the elected county official
3 applies in writing to the fund within 6 months after the
4 effective date of this amendatory Act of the 96th General
5 Assembly and pays to the fund an amount equal to (i) employee
6 contributions on the amount of stipend not received, (ii)
7 employer contributions determined by the Board equal to the
8 employer's normal cost of the benefit on the amount of stipend
9 not received, plus (iii) interest on items (i) and (ii) at the
10 actuarially assumed rate.
11 (Source: P.A. 91-357, eff. 7-29-99.)
 
12     (40 ILCS 5/7-142.1)  (from Ch. 108 1/2, par. 7-142.1)
13     Sec. 7-142.1. Sheriff's law enforcement employees.
14     (a) In lieu of the retirement annuity provided by
15 subparagraph 1 of paragraph (a) of Section 7-142:
16     Any sheriff's law enforcement employee who has 20 or more
17 years of service in that capacity and who terminates service
18 prior to January 1, 1988 shall be entitled at his option to
19 receive a monthly retirement annuity for his service as a
20 sheriff's law enforcement employee computed by multiplying 2%
21 for each year of such service up to 10 years, 2 1/4% for each
22 year of such service above 10 years and up to 20 years, and 2
23 1/2% for each year of such service above 20 years, by his
24 annual final rate of earnings and dividing by 12.
25     Any sheriff's law enforcement employee who has 20 or more

 

 

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1 years of service in that capacity and who terminates service on
2 or after January 1, 1988 and before July 1, 2004 shall be
3 entitled at his option to receive a monthly retirement annuity
4 for his service as a sheriff's law enforcement employee
5 computed by multiplying 2.5% for each year of such service up
6 to 20 years, 2% for each year of such service above 20 years
7 and up to 30 years, and 1% for each year of such service above
8 30 years, by his annual final rate of earnings and dividing by
9 12.
10     Any sheriff's law enforcement employee who has 20 or more
11 years of service in that capacity and who terminates service on
12 or after July 1, 2004 shall be entitled at his or her option to
13 receive a monthly retirement annuity for service as a sheriff's
14 law enforcement employee computed by multiplying 2.5% for each
15 year of such service by his annual final rate of earnings and
16 dividing by 12.
17     If a sheriff's law enforcement employee has service in any
18 other capacity, his retirement annuity for service as a
19 sheriff's law enforcement employee may be computed under this
20 Section and the retirement annuity for his other service under
21 Section 7-142.
22     In no case shall the total monthly retirement annuity for
23 persons who retire before July 1, 2004 exceed 75% of the
24 monthly final rate of earnings. In no case shall the total
25 monthly retirement annuity for persons who retire on or after
26 July 1, 2004 exceed 80% of the monthly final rate of earnings.

 

 

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1     (b) Whenever continued group insurance coverage is elected
2 in accordance with the provisions of Section 367h of the
3 Illinois Insurance Code, as now or hereafter amended, the total
4 monthly premium for such continued group insurance coverage or
5 such portion thereof as is not paid by the municipality shall,
6 upon request of the person electing such continued group
7 insurance coverage, be deducted from any monthly pension
8 benefit otherwise payable to such person pursuant to this
9 Section, to be remitted by the Fund to the insurance company or
10 other entity providing the group insurance coverage.
11     (c) A sheriff's law enforcement employee who has service in
12 any other capacity may convert up to 10 years of that service
13 into service as a sheriff's law enforcement employee by paying
14 to the Fund an amount equal to (1) the additional employee
15 contribution required under Section 7-173.1, plus (2) the
16 additional employer contribution required under Section 7-172,
17 plus (3) interest on items (1) and (2) at the prescribed rate
18 from the date of the service to the date of payment.
19     (d) The changes to subsections (a) and (b) of this Section
20 made by this amendatory Act of the 94th General Assembly apply
21 only to persons in service on or after July 1, 2004. In the
22 case of such a person who begins to receive a retirement
23 annuity before the effective date of this amendatory Act of the
24 94th General Assembly, the annuity shall be recalculated
25 prospectively to reflect those changes, with the resulting
26 increase beginning to accrue on the first annuity payment date

 

 

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1 following the effective date of this amendatory Act.
2     (e) Any elected county officer who was entitled to receive
3 a stipend from the State on or after July 1, 2009 and on or
4 before June 30, 2010 may establish earnings credit for the
5 amount of stipend not received, if the elected county official
6 applies in writing to the fund within 6 months after the
7 effective date of this amendatory Act of the 96th General
8 Assembly and pays to the fund an amount equal to (i) employee
9 contributions on the amount of stipend not received, (ii)
10 employer contributions determined by the Board equal to the
11 employer's normal cost of the benefit on the amount of stipend
12 not received, plus (iii) interest on items (i) and (ii) at the
13 actuarially assumed rate.
14 (Source: P.A. 94-712, eff. 6-1-06.)
 
15     (40 ILCS 5/7-145.1)
16     Sec. 7-145.1. Alternative annuity for county officers.
17     (a) The benefits provided in this Section and Section
18 7-145.2 are available only if the county board has filed with
19 the Board of the Fund a resolution or ordinance expressly
20 consenting to the availability of these benefits for its
21 elected county officers. The county board's consent is
22 irrevocable with respect to persons participating in the
23 program, but may be revoked at any time with respect to persons
24 who have not paid an additional optional contribution under
25 this Section before the date of revocation.

 

 

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1     An elected county officer may elect to establish
2 alternative credits for an alternative annuity by electing in
3 writing to make additional optional contributions in
4 accordance with this Section and procedures established by the
5 board. These alternative credits are available only for periods
6 of service as an elected county officer. The elected county
7 officer may discontinue making the additional optional
8 contributions by notifying the Fund in writing in accordance
9 with this Section and procedures established by the board.
10     Additional optional contributions for the alternative
11 annuity shall be as follows:
12         (1) For service as an elected county officer after the
13     option is elected, an additional contribution of 3% of
14     salary shall be contributed to the Fund on the same basis
15     and under the same conditions as contributions required
16     under Section 7-173.
17         (2) For service as an elected county officer before the
18     option is elected, an additional contribution of 3% of the
19     salary for the applicable period of service, plus interest
20     at the effective rate from the date of service to the date
21     of payment, plus any additional amount required by the
22     county board under paragraph (3). All payments for past
23     service must be paid in full before credit is given.
24         (3) With respect to service as an elected county
25     officer before the option is elected, if payment is made
26     after the county board has filed with the Board of the Fund

 

 

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1     a resolution or ordinance requiring an additional
2     contribution under this paragraph, then the contribution
3     required under paragraph (2) shall include an amount to be
4     determined by the Fund, equal to the actuarial present
5     value of the additional employer cost that would otherwise
6     result from the alternative credits being established for
7     that service. A county board's resolution or ordinance
8     requiring additional contributions under this paragraph
9     (3) is irrevocable.
10     No additional optional contributions may be made for any
11 period of service for which credit has been previously
12 forfeited by acceptance of a refund, unless the refund is
13 repaid in full with interest at the effective rate from the
14 date of refund to the date of repayment.
15     (b) In lieu of the retirement annuity otherwise payable
16 under this Article, an elected county officer who (1) has
17 elected to participate in the Fund and make additional optional
18 contributions in accordance with this Section, (2) has held and
19 made additional optional contributions with respect to the same
20 elected county office for at least 8 years, and (3) has
21 attained age 55 with at least 8 years of service credit (or has
22 attained age 50 with at least 20 years of service as a
23 sheriff's law enforcement employee) may elect to have his
24 retirement annuity computed as follows: 3% of the participant's
25 salary for each of the first 8 years of service credit, plus 4%
26 of that salary for each of the next 4 years of service credit,

 

 

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1 plus 5% of that salary for each year of service credit in
2 excess of 12 years, subject to a maximum of 80% of that salary.
3     This formula applies only to service in an elected county
4 office that the officer held for at least 8 years, and only to
5 service for which additional optional contributions have been
6 paid under this Section. If an elected county officer qualifies
7 to have this formula applied to service in more than one
8 elected county office, the qualifying service shall be
9 accumulated for purposes of determining the applicable accrual
10 percentages, but the salary used for each office shall be the
11 separate salary calculated for that office, as defined in
12 subsection (g).
13     To the extent that the elected county officer has service
14 credit that does not qualify for this formula, his retirement
15 annuity will first be determined in accordance with this
16 formula with respect to the service to which this formula
17 applies, and then in accordance with the remaining Sections of
18 this Article with respect to the service to which this formula
19 does not apply.
20     (c) In lieu of the disability benefits otherwise payable
21 under this Article, an elected county officer who (1) has
22 elected to participate in the Fund, and (2) has become
23 permanently disabled and as a consequence is unable to perform
24 the duties of his office, and (3) was making optional
25 contributions in accordance with this Section at the time the
26 disability was incurred, may elect to receive a disability

 

 

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1 annuity calculated in accordance with the formula in subsection
2 (b). For the purposes of this subsection, an elected county
3 officer shall be considered permanently disabled only if: (i)
4 disability occurs while in service as an elected county officer
5 and is of such a nature as to prevent him from reasonably
6 performing the duties of his office at the time; and (ii) the
7 board has received a written certification by at least 2
8 licensed physicians appointed by it stating that the officer is
9 disabled and that the disability is likely to be permanent.
10     (d) Refunds of additional optional contributions shall be
11 made on the same basis and under the same conditions as
12 provided under Section 7-166, 7-167 and 7-168. Interest shall
13 be credited at the effective rate on the same basis and under
14 the same conditions as for other contributions.
15     If an elected county officer fails to hold that same
16 elected county office for at least 8 years, he or she shall be
17 entitled after leaving office to receive a refund of the
18 additional optional contributions made with respect to that
19 office, plus interest at the effective rate.
20     (e) The plan of optional alternative benefits and
21 contributions shall be available to persons who are elected
22 county officers and active contributors to the Fund on or after
23 November 15, 1994. A person who was an elected county officer
24 and an active contributor to the Fund on November 15, 1994 but
25 is no longer an active contributor may apply to make additional
26 optional contributions under this Section at any time within 90

 

 

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1 days after the effective date of this amendatory Act of 1997;
2 if the person is an annuitant, the resulting increase in
3 annuity shall begin to accrue on the first day of the month
4 following the month in which the required payment is received
5 by the Fund.
6     (f) For the purposes of this Section and Section 7-145.2,
7 the terms "elected county officer" and "elected county office"
8 include, but are not limited to: (1) the county clerk,
9 recorder, treasurer, coroner, assessor (if elected), auditor,
10 sheriff, and State's Attorney; members of the county board; and
11 the clerk of the circuit court; and (2) a person who has been
12 appointed to fill a vacancy in an office that is normally
13 filled by election on a countywide basis, for the duration of
14 his or her service in that office. The terms "elected county
15 officer" and "elected county office" do not include any officer
16 or office of a county that has not consented to the
17 availability of benefits under this Section and Section
18 7-145.2.
19     (g) For the purposes of this Section and Section 7-145.2,
20 the term "salary" means the final rate of earnings for the
21 elected county office held, calculated in a manner consistent
22 with Section 7-116, but for that office only. If an elected
23 county officer qualifies to have the formula in subsection (b)
24 applied to service in more than one elected county office, a
25 separate salary shall be calculated and applied with respect to
26 each such office.

 

 

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1     (h) The changes to this Section made by this amendatory Act
2 of the 91st General Assembly apply to persons who first make an
3 additional optional contribution under this Section on or after
4 the effective date of this amendatory Act.
5     (i) Any elected county officer who was entitled to receive
6 a stipend from the State on or after July 1, 2009 and on or
7 before June 30, 2010 may establish earnings credit for the
8 amount of stipend not received, if the elected county official
9 applies in writing to the fund within 6 months after the
10 effective date of this amendatory Act of the 96th General
11 Assembly and pays to the fund an amount equal to (i) employee
12 contributions on the amount of stipend not received, (ii)
13 employer contributions determined by the Board equal to the
14 employer's normal cost of the benefit on the amount of stipend
15 not received, plus (iii) interest on items (i) and (ii) at the
16 actuarially assumed rate.
17 (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00;
18 91-887, eff. 7-6-00.)
 
19     (40 ILCS 5/9-121.6)  (from Ch. 108 1/2, par. 9-121.6)
20     Sec. 9-121.6. Alternative annuity for county officers.
21     (a) Any county officer elected by vote of the people may
22 elect to establish alternative credits for an alternative
23 annuity by electing in writing to make additional optional
24 contributions in accordance with this Section and procedures
25 established by the board. Such elected county officer may

 

 

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1 discontinue making the additional optional contributions by
2 notifying the Fund in writing in accordance with this Section
3 and procedures established by the board.
4     Additional optional contributions for the alternative
5 annuity shall be as follows:
6         (1) For service after the option is elected, an
7     additional contribution of 3% of salary shall be
8     contributed to the Fund on the same basis and under the
9     same conditions as contributions required under Sections
10     9-170 and 9-176.
11         (2) For service before the option is elected, an
12     additional contribution of 3% of the salary for the
13     applicable period of service, plus interest at the
14     effective rate from the date of service to the date of
15     payment. All payments for past service must be paid in full
16     before credit is given. No additional optional
17     contributions may be made for any period of service for
18     which credit has been previously forfeited by acceptance of
19     a refund, unless the refund is repaid in full with interest
20     at the effective rate from the date of refund to the date
21     of repayment.
22     (b) In lieu of the retirement annuity otherwise payable
23 under this Article, any county officer elected by vote of the
24 people who (1) has elected to participate in the Fund and make
25 additional optional contributions in accordance with this
26 Section, and (2) has attained age 60 with at least 10 years of

 

 

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1 service credit, or has attained age 65 with at least 8 years of
2 service credit, may elect to have his retirement annuity
3 computed as follows: 3% of the participant's salary at the time
4 of termination of service for each of the first 8 years of
5 service credit, plus 4% of such salary for each of the next 4
6 years of service credit, plus 5% of such salary for each year
7 of service credit in excess of 12 years, subject to a maximum
8 of 80% of such salary. To the extent such elected county
9 officer has made additional optional contributions with
10 respect to only a portion of his years of service credit, his
11 retirement annuity will first be determined in accordance with
12 this Section to the extent such additional optional
13 contributions were made, and then in accordance with the
14 remaining Sections of this Article to the extent of years of
15 service credit with respect to which additional optional
16 contributions were not made.
17     (c) In lieu of the disability benefits otherwise payable
18 under this Article, any county officer elected by vote of the
19 people who (1) has elected to participate in the Fund, and (2)
20 has become permanently disabled and as a consequence is unable
21 to perform the duties of his office, and (3) was making
22 optional contributions in accordance with this Section at the
23 time the disability was incurred, may elect to receive a
24 disability annuity calculated in accordance with the formula in
25 subsection (b). For the purposes of this subsection, such
26 elected county officer shall be considered permanently

 

 

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1 disabled only if: (i) disability occurs while in service as an
2 elected county officer and is of such a nature as to prevent
3 him from reasonably performing the duties of his office at the
4 time; and (ii) the board has received a written certification
5 by at least 2 licensed physicians appointed by it stating that
6 such officer is disabled and that the disability is likely to
7 be permanent.
8     (d) Refunds of additional optional contributions shall be
9 made on the same basis and under the same conditions as
10 provided under Section 9-164, 9-166 and 9-167. Interest shall
11 be credited at the effective rate on the same basis and under
12 the same conditions as for other contributions. Optional
13 contributions under this Section shall be included in the
14 amount of employee contributions used to compute the tax levy
15 under Section 9-169.
16     (e) The effective date of this plan of optional alternative
17 benefits and contributions shall be January 1, 1988, or the
18 date upon which approval is received from the U.S. Internal
19 Revenue Service, whichever is later. The plan of optional
20 alternative benefits and contributions shall not be available
21 to any former county officer or employee receiving an annuity
22 from the Fund on the effective date of the plan, unless he
23 re-enters service as an elected county officer and renders at
24 least 3 years of additional service after the date of re-entry.
25     (f) Any elected county officer who was entitled to receive
26 a stipend from the State on or after July 1, 2009 and on or

 

 

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1 before June 30, 2010 may establish earnings credit for the
2 amount of stipend not received, if the elected county official
3 applies in writing to the fund within 6 months after the
4 effective date of this amendatory Act of the 96th General
5 Assembly and pays to the fund an amount equal to (i) employee
6 contributions on the amount of stipend not received, (ii)
7 employer contributions determined by the Board equal to the
8 employer's normal cost of the benefit on the amount of stipend
9 not received, plus (iii) interest on items (i) and (ii) at the
10 actuarially assumed rate.
11     (g) (f) The plan of optional alternative benefits and
12 contributions authorized under this Section applies only to
13 county officers elected by vote of the people on or before
14 January 1, 2008 (the effective date of Public Act 95-654).
15 (Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
16 95-876, eff. 8-21-08.)
 
17     (40 ILCS 5/9-128.2 new)
18     Sec. 9-128.2. Stipends. Any elected county officer who was
19 entitled to receive a stipend from the State on or after July
20 1, 2009 and on or before June 30, 2010 may establish earnings
21 credit for the amount of stipend not received, if the elected
22 county official applies in writing to the fund within 6 months
23 after the effective date of this amendatory Act of the 96th
24 General Assembly and pays to the fund an amount equal to (i)
25 employee contributions on the amount of stipend not received,

 

 

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1 (ii) employer contributions determined by the Board equal to
2 the employer's normal cost of the benefit on the amount of
3 stipend not received, plus (iii) interest on items (i) and (ii)
4 at the actuarially assumed rate.
 
5     (40 ILCS 5/14-104)  (from Ch. 108 1/2, par. 14-104)
6     Sec. 14-104. Service for which contributions permitted.
7 Contributions provided for in this Section shall cover the
8 period of service granted. Except as otherwise provided in this
9 Section, the contributions shall be based upon the employee's
10 compensation and contribution rate in effect on the date he
11 last became a member of the System; provided that for all
12 employment prior to January 1, 1969 the contribution rate shall
13 be that in effect for a noncovered employee on the date he last
14 became a member of the System. Except as otherwise provided in
15 this Section, contributions permitted under this Section shall
16 include regular interest from the date an employee last became
17 a member of the System to the date of payment.
18     These contributions must be paid in full before retirement
19 either in a lump sum or in installment payments in accordance
20 with such rules as may be adopted by the board.
21     (a) Any member may make contributions as required in this
22 Section for any period of service, subsequent to the date of
23 establishment, but prior to the date of membership.
24     (b) Any employee who had been previously excluded from
25 membership because of age at entry and subsequently became

 

 

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

 

 

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

 

 

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

 

 

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1 amendatory Act of the 92nd General Assembly applies to credit
2 purchased by an employee on or after its effective date and
3 does not entitle any person to a refund of contributions or
4 interest already paid. In compliance with Section 14-152.1 of
5 this Act concerning new benefit increases, any new benefit
6 increase as a result of the changes to this subsection (j) made
7 by Public Act 95-483 is funded through the employee
8 contributions provided for in this subsection (j). Any new
9 benefit increase as a result of the changes made to this
10 subsection (j) by Public Act 95-483 is exempt from the
11 provisions of subsection (d) of Section 14-152.1.
12     (k) An employee who was employed on a full-time basis by
13 the Illinois State's Attorneys Association Statewide Appellate
14 Assistance Service LEAA-ILEC grant project prior to the time
15 that project became the State's Attorneys Appellate Service
16 Commission, now the Office of the State's Attorneys Appellate
17 Prosecutor, an agency of State government, may establish
18 creditable service for not more than 60 months service for such
19 employment by making contributions required under this
20 Section.
21     (l) By paying the contributions otherwise required under
22 this Section, plus an amount determined by the Board to be
23 equal to the employer's normal cost of the benefit plus
24 interest, a member may establish service credit for periods of
25 less than one year spent on authorized leave of absence from
26 service, provided that (1) the period of leave began on or

 

 

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1 after January 1, 1982 and (2) any credit established by the
2 member for the period of leave in any other public employee
3 retirement system has been terminated. A member may establish
4 service credit under this subsection for more than one period
5 of authorized leave, and in that case the total period of
6 service credit established by the member under this subsection
7 may exceed one year. In determining the contributions required
8 for establishing service credit under this subsection, the
9 interest shall be calculated from the beginning of the leave of
10 absence to the date of payment.
11     (l-5) By paying the contributions otherwise required under
12 this Section, plus an amount determined by the Board to be
13 equal to the employer's normal cost of the benefit plus
14 interest, a member may establish service credit for periods of
15 up to 2 years spent on authorized leave of absence from
16 service, provided that during that leave the member represented
17 or was employed as an officer or employee of a statewide labor
18 organization that represents members of this System. In
19 determining the contributions required for establishing
20 service credit under this subsection, the interest shall be
21 calculated from the beginning of the leave of absence to the
22 date of payment.
23     (m) Any person who rendered contractual services to a
24 member of the General Assembly as a worker in the member's
25 district office may establish creditable service for up to 3
26 years of those contractual services by making the contributions

 

 

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1 required under this Section. The System shall determine a
2 full-time salary equivalent for the purpose of calculating the
3 required contribution. To establish credit under this
4 subsection, the applicant must apply to the System by March 1,
5 1998.
6     (n) Any person who rendered contractual services to a
7 member of the General Assembly as a worker providing
8 constituent services to persons in the member's district may
9 establish creditable service for up to 8 years of those
10 contractual services by making the contributions required
11 under this Section. The System shall determine a full-time
12 salary equivalent for the purpose of calculating the required
13 contribution. To establish credit under this subsection, the
14 applicant must apply to the System by March 1, 1998.
15     (o) A member who participated in the Illinois Legislative
16 Staff Internship Program may establish creditable service for
17 up to one year of that participation by making the contribution
18 required under this Section. The System shall determine a
19 full-time salary equivalent for the purpose of calculating the
20 required contribution. Credit may not be established under this
21 subsection for any period for which service credit is
22 established under any other provision of this Code.
23     (p) By paying the contributions otherwise required under
24 this Section, plus an amount determined by the Board to be
25 equal to the employer's normal cost of the benefit plus
26 interest, a member may establish service credit for a period of

 

 

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1 up to 8 years during which he or she was employed by the
2 Visually Handicapped Managers of Illinois in a vending program
3 operated under a contractual agreement with the Department of
4 Rehabilitation Services or its successor agency.
5     This subsection (p) applies without regard to whether the
6 person was in service on or after the effective date of this
7 amendatory Act of the 94th General Assembly. In the case of a
8 person who is receiving a retirement annuity on that effective
9 date, the increase, if any, shall begin to accrue on the first
10 annuity payment date following receipt by the System of the
11 contributions required under this subsection (p).
12     (q) By paying the required contributions under this
13 Section, plus an amount determined by the Board to be equal to
14 the employer's normal cost of the benefit plus interest, an
15 employee who was laid off but returned to State employment
16 under circumstances in which the employee is considered to have
17 been in continuous service for purposes of determining
18 seniority may establish creditable service for the period of
19 the layoff, provided that (1) the applicant applies for the
20 creditable service under this subsection (q) within 6 months
21 after the effective date of this amendatory Act of the 94th
22 General Assembly, (2) the applicant does not receive credit for
23 that period under any other provision of this Code, (3) at the
24 time of the layoff, the applicant is not in an initial
25 probationary status consistent with the rules of the Department
26 of Central Management Services, and (4) the total amount of

 

 

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1 creditable service established by the applicant under this
2 subsection (q) does not exceed 3 years. For service established
3 under this subsection (q), the required employee contribution
4 shall be based on the rate of compensation earned by the
5 employee on the date of returning to employment after the
6 layoff and the contribution rate then in effect, and the
7 required interest shall be calculated from the date of
8 returning to employment after the layoff to the date of
9 payment.
10     (r) A member who participated in the University of Illinois
11 Government Public Service Internship Program (GPSI) may
12 establish creditable service for up to 2 years of that
13 participation by making the contribution required under this
14 Section, plus an amount determined by the Board to be equal to
15 the employer's normal cost of the benefit plus interest. The
16 System shall determine a full-time salary equivalent for the
17 purpose of calculating the required contribution. Credit may
18 not be established under this subsection for any period for
19 which service credit is established under any other provision
20 of this Code.
21     (s) A member who worked as a nurse under a contractual
22 agreement for the Department of Public Aid, or its successor
23 agency, the Department of Human Services, in the Client
24 Assessment Unit and was subsequently determined to be a State
25 employee by the United States Internal Revenue Service and the
26 Illinois Labor Relations Board may establish creditable

 

 

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1 service for those contractual services by making the
2 contributions required under this Section. To establish credit
3 under this subsection, the applicant must apply to the System
4 by July 1, 2008.
5     The Department of Human Services shall pay an employer
6 contribution based upon an amount determined by the Board to be
7 equal to the employer's normal cost of the benefit, plus
8 interest.
9     In compliance with Section 14-152.1 added by Public Act
10 94-4, the cost of the benefits provided by Public Act 95-583
11 are offset by the required employee and employer contributions.
12     (t) Any person who rendered contractual services on a
13 full-time basis to the Illinois Institute of Natural Resources
14 and the Illinois Department of Energy and Natural Resources may
15 establish creditable service for up to 4 years of those
16 contractual services by making the contributions required
17 under this Section, plus an amount determined by the Board to
18 be equal to the employer's normal cost of the benefit plus
19 interest at the actuarially assumed rate from the first day of
20 the service for which credit is being established to the date
21 of payment. To establish credit under this subsection (t), the
22 applicant must apply to the System within 6 months after August
23 28, 2009 (the effective date of Public Act 96-775) this
24 amendatory Act of the 96th General Assembly.
25     (u) (t) A member may establish creditable service and
26 earnings credit for a period of voluntary or involuntary

 

 

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1 furlough, not exceeding 5 days, beginning on or after July 1,
2 2008 and ending on or before June 30, 2009, that is utilized as
3 a means of addressing a State fiscal emergency. To receive this
4 credit, the member must apply in writing to the System before
5 July 1, 2012, and make contributions required under this
6 Section, plus an amount determined by the Board to be equal to
7 the employer's normal cost of the benefit, plus interest at the
8 actuarially assumed rate.
9     A member may establish creditable service and earnings
10 credit for a period of voluntary or involuntary furlough, not
11 exceeding 24 days, beginning on or after July 1, 2009 and
12 ending on or before June 30, 2011, that is utilized as a means
13 of addressing a State fiscal emergency. To receive this credit,
14 the member must, before December 31, 2011, (i) apply in writing
15 to the System and (ii) make the contributions 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 at the actuarially assumed rate.
19     (v) (t) Any member who rendered full-time contractual
20 services to an Illinois Veterans Home operated by the
21 Department of Veterans' Affairs may establish service credit
22 for up to 8 years of such services by making the contributions
23 required under this Section, plus an amount determined by the
24 Board to be equal to the employer's normal cost of the benefit,
25 plus interest at the actuarially assumed rate. To establish
26 credit under this subsection, the applicant must apply to the

 

 

HB4644 Enrolled - 29 - LRB096 14771 AMC 29624 b

1 System no later than 6 months after July 27, 2009 (the
2 effective date of Public Act 96-97) this amendatory Act of the
3 96th General Assembly.
4 (Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07;
5 95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff.
6 7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised
7 9-9-09.)
 
8     (40 ILCS 5/15-113.11 new)
9     Sec. 15-113.11. Service for periods of voluntary or
10 involuntary furlough. A participant may establish creditable
11 service and earnings credit for periods of furlough beginning
12 on or after July 1, 2009 and ending on or before June 30, 2011.
13 To receive this credit, the participant must (i) apply in
14 writing to the System before December 31, 2011; (ii) not
15 receive compensation from an employer for any furlough period;
16 and (iii) make employee contributions required under Section
17 15-157 based on the rate of basic compensation during the
18 periods of furlough, plus an amount determined by the Board to
19 be equal to the employer's normal cost of the benefit, plus
20 compounded interest at the actuarially assumed rate from the
21 date of voluntary or involuntary furlough to the date of
22 payment. The participant shall provide, at the time of
23 application, written certification from the employer providing
24 the total number of furlough days a participant has been
25 required to take.
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.34 as follows:
 
3     (30 ILCS 805/8.34 new)
4     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 96th General Assembly.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.