| |||||||
| |||||||
| |||||||
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 1-114, 1-135, 3-110, 4-108, 5-214, 6-209, 8-138, | ||||||
6 | 8-226, 8-233, 9-219, 11-134, 11-215, 11-217, 15-107, 16-106, | ||||||
7 | and 17-134 as follows:
| ||||||
8 | (40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)
| ||||||
9 | Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any | ||||||
10 | person who is a fiduciary with respect to a retirement system | ||||||
11 | or
pension fund established under this Code who breaches any | ||||||
12 | duty
imposed upon fiduciaries by this Code , including, but not | ||||||
13 | limited to, a failure to report a reasonable suspicion of a | ||||||
14 | false statement specified in Section 1-135 of this Code, shall | ||||||
15 | be personally liable to make
good to such retirement system or | ||||||
16 | pension fund any losses to it resulting
from each such breach, | ||||||
17 | and to restore to such retirement system or pension
fund any | ||||||
18 | profits of such fiduciary which have been made through use of | ||||||
19 | assets
of the retirement system or pension fund by the | ||||||
20 | fiduciary, and shall be
subject to such equitable or remedial | ||||||
21 | relief as the court may deem appropriate,
including the removal | ||||||
22 | of such fiduciary.
| ||||||
23 | (b) No person shall be liable with respect to a breach of |
| |||||||
| |||||||
1 | fiduciary duty
under this Code if such breach occurred before | ||||||
2 | such person became a fiduciary
or after such person ceased to | ||||||
3 | be a fiduciary.
| ||||||
4 | (Source: P.A. 82-960.)
| ||||||
5 | (40 ILCS 5/1-135)
| ||||||
6 | Sec. 1-135. Fraud. Any person who knowingly makes any false | ||||||
7 | statement or falsifies or permits to be falsified any record of | ||||||
8 | a retirement system or pension fund created under this Code or | ||||||
9 | the Illinois State Board of Investment in an attempt to defraud | ||||||
10 | the retirement system or pension fund created under this Code | ||||||
11 | or the Illinois State Board of Investment is guilty of a Class | ||||||
12 | 3 felony. Any reasonable suspicion by any appointed or elected | ||||||
13 | commissioner, trustee, director, or board member of a | ||||||
14 | retirement system or pension fund created under this Code or | ||||||
15 | the State Board of Investment of a false statement or falsified | ||||||
16 | record being submitted or permitted by a person under this Code | ||||||
17 | shall be immediately referred to the board of trustees of the | ||||||
18 | applicable retirement system or pension fund created under this | ||||||
19 | Code, the State Board of Investment, or the State's Attorney of | ||||||
20 | the jurisdiction where the alleged fraudulent activity | ||||||
21 | occurred. The board of trustees of a retirement system or | ||||||
22 | pension fund created under this Code or the State Board of | ||||||
23 | Investment shall immediately notify the State's Attorney of the | ||||||
24 | jurisdiction where any alleged fraudulent activity occurred | ||||||
25 | for investigation. For the purposes of this Section, |
| |||||||
| |||||||
1 | "reasonable suspicion" means a belief, based upon specific and | ||||||
2 | articulable facts, taken together with rational inferences | ||||||
3 | from those facts, that would lead a reasonable person to | ||||||
4 | believe that fraud has been, or will be, committed. A | ||||||
5 | reasonable suspicion is more than a non-particularized | ||||||
6 | suspicion. A mere inconsistency, standing alone, does not give | ||||||
7 | rise to a reasonable suspicion.
| ||||||
8 | (Source: P.A. 96-6, eff. 4-3-09.)
| ||||||
9 | (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
| ||||||
10 | Sec. 3-110. Creditable service.
| ||||||
11 | (a) "Creditable service" is the time served by a police | ||||||
12 | officer as a member
of a regularly constituted police force of | ||||||
13 | a municipality. In computing
creditable service furloughs | ||||||
14 | without pay exceeding 30 days shall not be
counted, but all | ||||||
15 | leaves of absence for illness or accident, regardless of
| ||||||
16 | length, and all periods of disability retirement for which a | ||||||
17 | police officer has
received no disability pension payments | ||||||
18 | under this Article shall be counted.
| ||||||
19 | (a-5) Up to 3 years of time during which the police officer | ||||||
20 | receives
a disability pension under Section 3-114.1, 3-114.2, | ||||||
21 | 3-114.3, or 3-114.6
shall be counted as creditable service, | ||||||
22 | provided that
(i) the police officer returns to active service | ||||||
23 | after the disability for a
period at least equal to the period | ||||||
24 | for which credit is to be established and
(ii) the police | ||||||
25 | officer makes contributions to the fund based on the rates
|
| |||||||
| |||||||
1 | specified in Section 3-125.1 and the salary upon which the | ||||||
2 | disability pension
is based. These contributions may be paid at | ||||||
3 | any time prior to the
commencement of a retirement pension. The | ||||||
4 | police officer may, but need not,
elect to have the | ||||||
5 | contributions deducted from the disability pension or to
pay | ||||||
6 | them in installments on a schedule approved by the board. If | ||||||
7 | not
deducted from the disability pension, the contributions | ||||||
8 | shall include
interest at the rate of 6% per year, compounded | ||||||
9 | annually, from the date
for which service credit is being | ||||||
10 | established to the date of payment. If
contributions are paid | ||||||
11 | under this subsection (a-5) in excess of those
needed to | ||||||
12 | establish the credit, the excess shall be refunded. This
| ||||||
13 | subsection (a-5) applies to persons receiving a disability | ||||||
14 | pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on | ||||||
15 | the effective date of this
amendatory Act of the 91st General | ||||||
16 | Assembly, as well as persons who begin to
receive such a | ||||||
17 | disability pension after that date.
| ||||||
18 | (b) Creditable service includes all periods of service in | ||||||
19 | the military,
naval or air forces of the United States entered | ||||||
20 | upon while an active police
officer of a municipality, provided | ||||||
21 | that upon applying for a permanent pension,
and in accordance | ||||||
22 | with the rules of the board, the police officer pays into the
| ||||||
23 | fund the amount the officer would have contributed if he or she | ||||||
24 | had been a
regular contributor during such period, to the | ||||||
25 | extent that the municipality
which the police officer served | ||||||
26 | has not made such contributions in the
officer's behalf. The |
| |||||||
| |||||||
1 | total amount of such creditable service shall not
exceed 5 | ||||||
2 | years, except that any police officer who on July 1, 1973 had | ||||||
3 | more
than 5 years of such creditable service shall receive the | ||||||
4 | total amount thereof.
| ||||||
5 | (b-5) Creditable service includes all periods of service in | ||||||
6 | the military, naval, or air forces of the United States entered | ||||||
7 | upon before beginning service as an active police officer of a | ||||||
8 | municipality, provided that, in accordance with the rules of | ||||||
9 | the board, the police officer pays into the fund the amount the | ||||||
10 | police officer would have contributed if he or she had been a | ||||||
11 | regular contributor during such period, plus an amount | ||||||
12 | determined by the Board to be equal to the municipality's | ||||||
13 | normal cost of the benefit, plus interest at the actuarially | ||||||
14 | assumed rate calculated from the date the employee last became | ||||||
15 | a police officer under this Article. The total amount of such | ||||||
16 | creditable service shall not exceed 2 years. | ||||||
17 | (c) Creditable service also includes service rendered by a | ||||||
18 | police
officer while on leave of absence from a police | ||||||
19 | department to serve as an
executive of an organization whose | ||||||
20 | membership consists of members of a
police department, subject | ||||||
21 | to the following conditions: (i) the police
officer is a | ||||||
22 | participant of a fund established under this Article with at
| ||||||
23 | least 10 years of service as a police officer; (ii) the police | ||||||
24 | officer
received no credit for such service under any other | ||||||
25 | retirement system,
pension fund, or annuity and benefit fund | ||||||
26 | included in this Code; (iii)
pursuant to the rules of the board |
| |||||||
| |||||||
1 | the police officer pays to the fund the
amount he or she would | ||||||
2 | have contributed had the officer been an active
member of the | ||||||
3 | police department; and (iv) the organization pays a
| ||||||
4 | contribution equal to the municipality's normal cost for that
| ||||||
5 | period of service ; and (v) for all leaves of absence under this | ||||||
6 | subsection (c), including those beginning before the effective | ||||||
7 | date of this amendatory Act of the 97th General Assembly, the | ||||||
8 | police officer continues to remain in sworn status, subject to | ||||||
9 | the professional standards of the public employer or those | ||||||
10 | terms established in statute .
| ||||||
11 | (d)(1) Creditable service also includes periods of | ||||||
12 | service originally
established in another police pension | ||||||
13 | fund under this Article or in the Fund
established under | ||||||
14 | Article 7 of this Code for which (i) the contributions have
| ||||||
15 | been transferred under Section 3-110.7 or Section 7-139.9 | ||||||
16 | and (ii) any
additional contribution required under | ||||||
17 | paragraph (2) of this subsection has
been paid in full in | ||||||
18 | accordance with the requirements of this subsection (d).
| ||||||
19 | (2) If the board of the pension fund to which | ||||||
20 | creditable service and
related
contributions are | ||||||
21 | transferred under Section 7-139.9 determines that
the | ||||||
22 | amount transferred is less than the true cost to the | ||||||
23 | pension fund of
allowing that creditable service to be | ||||||
24 | established, then in order to establish
that creditable | ||||||
25 | service the police officer must pay to the pension fund, | ||||||
26 | within
the payment period specified in paragraph (3) of |
| |||||||
| |||||||
1 | this subsection, an additional
contribution equal to the | ||||||
2 | difference, as determined by the board in accordance
with | ||||||
3 | the rules and procedures adopted under paragraph (6) of | ||||||
4 | this subsection. If the board of the pension fund to which | ||||||
5 | creditable service and
related
contributions are | ||||||
6 | transferred under Section 3-110.7 determines that
the | ||||||
7 | amount transferred is less than the true cost to the | ||||||
8 | pension fund of
allowing that creditable service to be | ||||||
9 | established, then the police officer may elect (A) to | ||||||
10 | establish
that creditable service by paying to the pension | ||||||
11 | fund, within
the payment period specified in paragraph (3) | ||||||
12 | of this subsection (d), an additional
contribution equal to | ||||||
13 | the difference, as determined by the board in accordance
| ||||||
14 | with the rules and procedures adopted under paragraph (6) | ||||||
15 | of this subsection (d) or (B) to have his or her creditable | ||||||
16 | service reduced by an amount equal to the difference | ||||||
17 | between the amount transferred under Section 3-110.7 and | ||||||
18 | the true cost to the pension fund of allowing that | ||||||
19 | creditable service to be established, as determined by the | ||||||
20 | board in accordance with the rules and procedures adopted | ||||||
21 | under paragraph (6) of this subsection (d).
| ||||||
22 | (3) Except as provided in paragraph (4), the additional
| ||||||
23 | contribution that is required or elected under paragraph | ||||||
24 | (2) of this subsection (d) must be paid to the board (i) | ||||||
25 | within 5 years from the date of the
transfer of | ||||||
26 | contributions under Section 3-110.7 or 7-139.9 and (ii) |
| |||||||
| |||||||
1 | before the
police officer terminates service with the fund. | ||||||
2 | The additional contribution
may be paid in a lump sum or in | ||||||
3 | accordance with a schedule of installment
payments | ||||||
4 | authorized by the board.
| ||||||
5 | (4) If the police officer dies in service before | ||||||
6 | payment in full has been
made and before the expiration of | ||||||
7 | the 5-year payment period, the surviving
spouse of the | ||||||
8 | officer may elect to pay the unpaid amount on the officer's
| ||||||
9 | behalf within 6 months after the date of death, in which | ||||||
10 | case the creditable
service shall be granted as though the | ||||||
11 | deceased police officer had paid the
remaining balance on | ||||||
12 | the day before the date of death.
| ||||||
13 | (5) If the additional contribution that is required or | ||||||
14 | elected under paragraph (2) of this subsection (d) is not | ||||||
15 | paid in full within the
required time, the creditable | ||||||
16 | service shall not be granted and the
police officer (or the | ||||||
17 | officer's surviving spouse or estate) shall be entitled
to | ||||||
18 | receive a refund of (i) any partial payment of the | ||||||
19 | additional contribution
that has been made by the police | ||||||
20 | officer and (ii) those portions of the amounts
transferred | ||||||
21 | under subdivision (a)(1) of Section 3-110.7 or | ||||||
22 | subdivisions (a)(1)
and (a)(3) of Section 7-139.9 that | ||||||
23 | represent employee contributions paid by the
police | ||||||
24 | officer (but not the accumulated interest on those | ||||||
25 | contributions) and
interest paid by the police officer to | ||||||
26 | the prior pension fund in order to
reinstate service |
| |||||||
| |||||||
1 | terminated by acceptance of a refund.
| ||||||
2 | At the time of paying a refund under this item (5), the | ||||||
3 | pension fund
shall also repay to the pension fund from | ||||||
4 | which the contributions were
transferred under Section | ||||||
5 | 3-110.7 or 7-139.9 the amount originally transferred
under | ||||||
6 | subdivision (a)(2) of that Section, plus interest at the | ||||||
7 | rate of 6% per
year, compounded annually, from the date of | ||||||
8 | the original transfer to the date
of repayment. Amounts | ||||||
9 | repaid to the Article 7 fund under this provision shall
be | ||||||
10 | credited to the appropriate municipality.
| ||||||
11 | Transferred credit that is not granted due to failure | ||||||
12 | to pay the additional
contribution within the required time | ||||||
13 | is lost; it may not be transferred to
another pension fund | ||||||
14 | and may not be reinstated in the pension fund from which
it | ||||||
15 | was transferred.
| ||||||
16 | (6) The Public Employee Pension Fund Division of the | ||||||
17 | Department of
Insurance
shall establish by rule the manner | ||||||
18 | of making the calculation required under
paragraph (2) of | ||||||
19 | this subsection, taking into account the appropriate | ||||||
20 | actuarial
assumptions; the police officer's service, age, | ||||||
21 | and salary history; the level
of funding of the pension | ||||||
22 | fund to which the credits are being transferred; and
any | ||||||
23 | other factors that the Division determines to be relevant. | ||||||
24 | The rules may
require that all calculations made under | ||||||
25 | paragraph (2) be reported to the
Division by the board | ||||||
26 | performing the calculation, together with documentation
of |
| |||||||
| |||||||
1 | the creditable service to be transferred, the amounts of | ||||||
2 | contributions and
interest to be transferred, the manner in | ||||||
3 | which the calculation was performed,
the numbers relied | ||||||
4 | upon in making the calculation, the results of the
| ||||||
5 | calculation, and any other information the Division may | ||||||
6 | deem useful.
| ||||||
7 | (e)(1) Creditable service also includes periods of | ||||||
8 | service originally
established in the Fund
established | ||||||
9 | under Article 7 of this Code for which the contributions | ||||||
10 | have
been transferred under Section 7-139.11.
| ||||||
11 | (2) If the board of the pension fund to which | ||||||
12 | creditable service and
related
contributions are | ||||||
13 | transferred under Section 7-139.11 determines that
the | ||||||
14 | amount transferred is less than the true cost to the | ||||||
15 | pension fund of
allowing that creditable service to be | ||||||
16 | established, then the amount of creditable service the | ||||||
17 | police officer may establish under this subsection (e) | ||||||
18 | shall be reduced by an amount equal to the difference, as | ||||||
19 | determined by the board in accordance
with the rules and | ||||||
20 | procedures adopted under paragraph (3) of this subsection.
| ||||||
21 | (3) The Public Pension Division of the Department of
| ||||||
22 | Financial and Professional Regulation
shall establish by | ||||||
23 | rule the manner of making the calculation required under
| ||||||
24 | paragraph (2) of this subsection, taking into account the | ||||||
25 | appropriate actuarial
assumptions; the police officer's | ||||||
26 | service, age, and salary history; the level
of funding of |
| |||||||
| |||||||
1 | the pension fund to which the credits are being | ||||||
2 | transferred; and
any other factors that the Division | ||||||
3 | determines to be relevant. The rules may
require that all | ||||||
4 | calculations made under paragraph (2) be reported to the
| ||||||
5 | Division by the board performing the calculation, together | ||||||
6 | with documentation
of the creditable service to be | ||||||
7 | transferred, the amounts of contributions and
interest to | ||||||
8 | be transferred, the manner in which the calculation was | ||||||
9 | performed,
the numbers relied upon in making the | ||||||
10 | calculation, the results of the
calculation, and any other | ||||||
11 | information the Division may deem useful.
| ||||||
12 | (4) Until January 1, 2010, a police officer who | ||||||
13 | transferred service from the Fund established under | ||||||
14 | Article 7 of this Code under the provisions of Public Act | ||||||
15 | 94-356 may establish additional credit, but only for the | ||||||
16 | amount of the service credit reduction in that transfer, as | ||||||
17 | calculated under paragraph (3) of this subsection (e). This | ||||||
18 | credit may be established upon payment by the police | ||||||
19 | officer of an amount to be determined by the board, equal | ||||||
20 | to (1) the amount that would have been contributed as | ||||||
21 | employee and employer contributions had all of the service | ||||||
22 | been as an employee under this Article, plus interest | ||||||
23 | thereon at the rate of 6% per year, compounded annually | ||||||
24 | from the date of service to the date of transfer, less (2) | ||||||
25 | the total amount transferred from the Article 7 Fund, plus | ||||||
26 | (3) interest on the difference at the rate of 6% per year, |
| |||||||
| |||||||
1 | compounded annually, from the date of the transfer to the | ||||||
2 | date of payment. The additional service credit is allowed | ||||||
3 | under this amendatory Act of the 95th General Assembly | ||||||
4 | notwithstanding the provisions of Article 7 terminating | ||||||
5 | all transferred credits on the date of transfer. | ||||||
6 | (Source: P.A. 95-812, eff. 8-13-08; 96-297, eff. 8-11-09; | ||||||
7 | 96-1260, eff. 7-23-10.)
| ||||||
8 | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
| ||||||
9 | Sec. 4-108. Creditable service.
| ||||||
10 | (a) Creditable service is the time served as a firefighter | ||||||
11 | of a
municipality. In computing creditable service, furloughs | ||||||
12 | and leaves of
absence without pay exceeding 30 days in any one | ||||||
13 | year shall not be counted,
but leaves of absence for illness or | ||||||
14 | accident regardless of length, and
periods of disability for | ||||||
15 | which a firefighter received no disability
pension payments | ||||||
16 | under this Article, shall be counted.
| ||||||
17 | (b) Furloughs and leaves of absence of 30 days or less in | ||||||
18 | any one year may
be counted as creditable service, if the | ||||||
19 | firefighter makes the contribution
to the fund that would have | ||||||
20 | been required had he or she not been
on furlough or leave of | ||||||
21 | absence. To qualify for this creditable service,
the | ||||||
22 | firefighter must pay the required contributions to the fund not | ||||||
23 | more
than 90 days subsequent to the termination of the furlough | ||||||
24 | or leave of
absence, to the extent that the municipality has | ||||||
25 | not made such contribution
on his or her behalf.
|
| |||||||
| |||||||
1 | (c) Creditable service includes:
| ||||||
2 | (1) Service in the military, naval or air forces of the
| ||||||
3 | United States entered upon when the person was an active
| ||||||
4 | firefighter, provided
that, upon applying for a permanent | ||||||
5 | pension, and in accordance with the
rules of the board the | ||||||
6 | firefighter pays into the fund the amount that would
have | ||||||
7 | been contributed had he or she been a regular contributor | ||||||
8 | during such
period of service, if and to the extent that | ||||||
9 | the municipality which the
firefighter served made no such | ||||||
10 | contributions in his or her behalf. The
total amount of | ||||||
11 | such creditable service shall not exceed 5 years, except
| ||||||
12 | that any firefighter who on July 1, 1973 had more than 5 | ||||||
13 | years of such
creditable service shall receive the total | ||||||
14 | amount thereof as of that date.
| ||||||
15 | (1.5) Up to 24 months of service in the military, | ||||||
16 | naval, or air forces of the United States that was served | ||||||
17 | prior to employment by a municipality or fire protection | ||||||
18 | district as a firefighter. To receive the credit for the | ||||||
19 | military service prior to the employment as a firefighter, | ||||||
20 | the firefighter must apply in writing to the fund and must | ||||||
21 | make contributions to the fund equal to (i) the employee | ||||||
22 | contributions that would have been required had the service | ||||||
23 | been rendered as a member, plus (ii) an amount determined | ||||||
24 | by the fund to be equal to the employer's normal cost of | ||||||
25 | the benefits accrued for that military service, plus (iii) | ||||||
26 | interest at the actuarially assumed rate provided by the |
| |||||||
| |||||||
1 | Department of Financial and Professional Regulation, | ||||||
2 | compounded annually from the first date of membership in | ||||||
3 | the fund to the date of payment on items (i) and (ii). The | ||||||
4 | changes to this paragraph (1.5) by this amendatory Act of | ||||||
5 | the 95th General Assembly apply only to participating | ||||||
6 | employees in service on or after its effective date.
| ||||||
7 | (2) Service prior to July 1, 1976 by a firefighter | ||||||
8 | initially excluded
from participation by reason of age who | ||||||
9 | elected to participate and paid
the required contributions | ||||||
10 | for such service.
| ||||||
11 | (3) Up to 8 years of service by a firefighter as an | ||||||
12 | officer in a statewide
firefighters' association when he is | ||||||
13 | on a leave of absence from a
municipality's payroll, | ||||||
14 | provided that (i) the firefighter has at least 10
years of | ||||||
15 | creditable service as an active firefighter, (ii) the | ||||||
16 | firefighter
contributes to the fund the amount that he | ||||||
17 | would have contributed had he
remained an active member of | ||||||
18 | the fund, and (iii) the employee or statewide
firefighter | ||||||
19 | association contributes to the fund an amount equal to the
| ||||||
20 | employer's required contribution as determined by the | ||||||
21 | board , and (iv) for all leaves of absence under this | ||||||
22 | subdivision (3), including those beginning before the | ||||||
23 | effective date of this amendatory Act of the 97th General | ||||||
24 | Assembly, the firefighter continues to remain in sworn | ||||||
25 | status, subject to the professional standards of the public | ||||||
26 | employer or those terms established in statute .
|
| |||||||
| |||||||
1 | (4) Time spent as an on-call fireman for a | ||||||
2 | municipality,
calculated at the rate of one year of | ||||||
3 | creditable service for each 5 years
of time spent as an | ||||||
4 | on-call fireman, provided that (i) the firefighter has
at | ||||||
5 | least 18 years of creditable service as an active | ||||||
6 | firefighter, (ii) the
firefighter spent at least 14 years | ||||||
7 | as an on-call firefighter for the
municipality, (iii) the | ||||||
8 | firefighter applies for such creditable service
within 30 | ||||||
9 | days after the effective date of this amendatory Act of | ||||||
10 | 1989,
(iv) the firefighter contributes to the Fund an | ||||||
11 | amount representing
employee contributions for the number | ||||||
12 | of years of creditable service
granted under this | ||||||
13 | subdivision (4), based on the salary and contribution
rate | ||||||
14 | in effect for the firefighter at the date of entry into the | ||||||
15 | Fund, to
be determined by the board, and (v) not more than | ||||||
16 | 3 years of creditable
service may be granted under this | ||||||
17 | subdivision (4).
| ||||||
18 | Except as provided in Section 4-108.5, creditable | ||||||
19 | service shall not
include time
spent as a volunteer | ||||||
20 | firefighter, whether or not any compensation was received
| ||||||
21 | therefor. The change made in this Section by Public Act | ||||||
22 | 83-0463 is intended
to be a restatement and clarification | ||||||
23 | of existing law, and does not imply
that creditable service | ||||||
24 | was previously allowed under this Article for time
spent as | ||||||
25 | a volunteer firefighter.
| ||||||
26 | (5) Time served between July 1, 1976 and July 1, 1988 |
| |||||||
| |||||||
1 | in
the position of protective inspection officer or | ||||||
2 | administrative assistant
for fire services, for a | ||||||
3 | municipality with a population under 10,000 that is
located | ||||||
4 | in a county with a population over 3,000,000 and that | ||||||
5 | maintains a
firefighters' pension fund under this Article, | ||||||
6 | if the position included
firefighting duties, | ||||||
7 | notwithstanding that the person may not have held an
| ||||||
8 | appointment as a firefighter, provided that application is | ||||||
9 | made to the
pension fund within 30 days after the effective | ||||||
10 | date of this amendatory Act
of 1991, and the corresponding | ||||||
11 | contributions are paid for the number of
years of service | ||||||
12 | granted, based upon the salary and contribution rate in
| ||||||
13 | effect for the firefighter at the date of entry into the | ||||||
14 | pension fund, as
determined by the Board.
| ||||||
15 | (6) Service before becoming a participant by a | ||||||
16 | firefighter initially
excluded from participation by | ||||||
17 | reason of age who becomes a participant
under the amendment | ||||||
18 | to Section 4-107 made by this amendatory Act of 1993 and
| ||||||
19 | pays the required contributions for such service.
| ||||||
20 | (7) Up to 3 years of time during which the firefighter | ||||||
21 | receives a
disability pension under Section 4-110, | ||||||
22 | 4-110.1, or 4-111, provided that (i)
the firefighter | ||||||
23 | returns to active service after the disability for a period | ||||||
24 | at
least equal to the period for which credit is to be | ||||||
25 | established and (ii) the
firefighter makes contributions | ||||||
26 | to the fund based on the rates specified in
Section 4-118.1 |
| |||||||
| |||||||
1 | and the salary upon which the disability pension is based.
| ||||||
2 | These contributions may be paid at any time prior to the | ||||||
3 | commencement of a
retirement pension. The firefighter may, | ||||||
4 | but need not, elect to have the
contributions deducted from | ||||||
5 | the disability pension or to pay them in
installments on a | ||||||
6 | schedule approved by the board. If not deducted from the
| ||||||
7 | disability pension, the contributions
shall include | ||||||
8 | interest at the rate of 6% per year, compounded annually, | ||||||
9 | from
the date for which service credit is being established | ||||||
10 | to the date of payment.
If contributions are paid under | ||||||
11 | this subdivision (c)(7) in excess of those
needed to | ||||||
12 | establish the credit, the excess shall be refunded. This
| ||||||
13 | subdivision (c)(7) applies to persons receiving a | ||||||
14 | disability pension under
Section 4-110, 4-110.1, or 4-111 | ||||||
15 | on the effective date of this amendatory Act
of the 91st | ||||||
16 | General Assembly, as well as persons who begin to receive | ||||||
17 | such a
disability pension after that date.
| ||||||
18 | (Source: P.A. 94-856, eff. 6-15-06; 95-1056, eff. 4-10-09.)
| ||||||
19 | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| ||||||
20 | Sec. 5-214. Credit for other service. Any participant in | ||||||
21 | this fund (other
than a member of the fire department of the | ||||||
22 | city) who has rendered service
as a member of the police | ||||||
23 | department of the city for a period of 3 years
or more is | ||||||
24 | entitled to credit for the various purposes of this Article for
| ||||||
25 | service rendered prior to becoming a member or subsequent |
| |||||||
| |||||||
1 | thereto for the
following periods:
| ||||||
2 | (a) While on leave of absence from the police | ||||||
3 | department assigned or
detailed to investigative, | ||||||
4 | protective, security or police work for the park
district | ||||||
5 | of the city, the department of the Port of Chicago or the | ||||||
6 | sanitary
district in which the city is located.
| ||||||
7 | (b) As a temporary police officer in the city or while | ||||||
8 | serving in the
office of the mayor or in the office of the | ||||||
9 | corporation counsel, as a
member of the city council of the | ||||||
10 | city, as an employee of the Policemen's
Annuity and Benefit | ||||||
11 | Fund created by this Article, as the head
of an | ||||||
12 | organization whose membership consists of members of the | ||||||
13 | police
department, the Public Vehicle License Commission | ||||||
14 | and the board of election
commissioners of the city , | ||||||
15 | provided that, in each of these cases and for all periods | ||||||
16 | specified in this item (b), including those beginning | ||||||
17 | before the effective date of this amendatory Act of the | ||||||
18 | 97th General Assembly, the police officer is on leave and | ||||||
19 | continues to remain in sworn status, subject to the | ||||||
20 | professional standards of the public employer or those | ||||||
21 | terms established in statute .
| ||||||
22 | (c) While performing safety or investigative work for | ||||||
23 | the county in which
such city is principally located or for | ||||||
24 | the State of Illinois or for the
federal government, on | ||||||
25 | leave of absence from the department of police, or
while | ||||||
26 | performing investigative work for the department as a |
| |||||||
| |||||||
1 | civilian
employee of the department.
| ||||||
2 | (d) While on leave of absence from the police | ||||||
3 | department of the city
and serving as the chief of police | ||||||
4 | of a police department outside the city.
| ||||||
5 | No credit shall be granted in this fund, however, for this | ||||||
6 | service if the
policeman has credit therefor in any other | ||||||
7 | annuity and benefit fund, or
unless he contributes to this fund | ||||||
8 | the amount he would have contributed
with interest had he | ||||||
9 | remained an active member of the police department
in the | ||||||
10 | position he occupied as a result of a civil service competitive
| ||||||
11 | examination, certification and appointment by the Civil | ||||||
12 | Service Board; or
in the case of a city operating under the | ||||||
13 | provisions of a personnel ordinance
the position he occupied as | ||||||
14 | a result of a personnel ordinance competitive
examination | ||||||
15 | certification and appointment under the authority of a | ||||||
16 | Municipal
Personnel ordinance.
| ||||||
17 | Concurrently with such contributions, the city shall | ||||||
18 | contribute the amounts
provided by this Article. No credit | ||||||
19 | shall be allowed for any period of
time for which contributions | ||||||
20 | by the policeman have not been paid. The period
of service | ||||||
21 | rendered by such policeman prior to the date he became a member
| ||||||
22 | of the police department of the city or while detailed, | ||||||
23 | assigned or on leave
of absence and employed in any of the | ||||||
24 | departments set forth hereinabove
in this Section for which | ||||||
25 | such policeman has contributed to this fund shall
be credited | ||||||
26 | to him as service for all the purposes of this Article, except
|
| |||||||
| |||||||
1 | that he shall not have any of the rights conferred by the | ||||||
2 | provisions of
Sections 5-127 and 5-162 of this Article.
| ||||||
3 | The changes in this Section made by Public Act 86-273 shall | ||||||
4 | apply to members
of the fund who have not begun receiving a | ||||||
5 | pension under this Article on August
23, 1989, without regard | ||||||
6 | to whether employment is terminated before that date.
| ||||||
7 | (Source: P.A. 86-273; 87-1265.)
| ||||||
8 | (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
| ||||||
9 | Sec. 6-209.
In computing the service rendered by a fireman | ||||||
10 | prior to
the effective date, the following periods shall be | ||||||
11 | counted, in addition
to all periods during which he performed | ||||||
12 | the duties of his position, as
periods of service for annuity | ||||||
13 | purposes only: All periods of (a)
vacation, (b) leave of | ||||||
14 | absence with whole or part pay, (c) leave of
absence without | ||||||
15 | pay which were necessary on account of disability, and
(d) | ||||||
16 | leave of absence during which he was engaged in the military or
| ||||||
17 | naval service of the United States of America. Service credit | ||||||
18 | shall not
be allowed for any period during which a fireman was | ||||||
19 | in receipt of
pension on account of disability from any pension | ||||||
20 | fund superseded by
this fund.
| ||||||
21 | In computing the service rendered by a fireman on and after | ||||||
22 | the
effective date, the following periods shall be counted in | ||||||
23 | addition to
all periods during which he performed the duties of | ||||||
24 | his position, as
periods of service for annuity purposes only: | ||||||
25 | All periods of (a)
vacation, (b) leave of absence with whole or |
| |||||||
| |||||||
1 | part pay, (c) leave of
absence during which he was engaged in | ||||||
2 | the military or naval service of
the United States of America, | ||||||
3 | (d) disability for which he receives any
disability benefit, | ||||||
4 | (e) disability for which he receives whole or part
pay, (f) | ||||||
5 | leave of absence, or other authorized relief from active
duty, | ||||||
6 | during which he served as president of The Firemen's | ||||||
7 | Association of
Chicago , provided that for all leaves of absence | ||||||
8 | or other authorized relief under this item (f), including those | ||||||
9 | beginning before the effective date of this amendatory Act of | ||||||
10 | the 97th General Assembly, the fireman continues to remain in | ||||||
11 | sworn status, subject to the professional standards of the | ||||||
12 | public employer or those terms established in statute , (g) | ||||||
13 | periods of suspension from duty not to exceed a total of one
| ||||||
14 | year during the total period of service of the fireman, and (h) | ||||||
15 | a period of
time not to exceed 23 days in 1980 in accordance | ||||||
16 | with an agreement with the
City on a settlement of strike; | ||||||
17 | provided that the fireman elects to
make contributions to the | ||||||
18 | Fund for the various annuity and benefit purposes
according to | ||||||
19 | the provisions of this Article as though he were an active
| ||||||
20 | fireman, based upon the salary attached to the civil service | ||||||
21 | rank held by
him during such absence from duty, and if the | ||||||
22 | fireman so elects, the city
shall make the prescribed | ||||||
23 | concurrent contributions for such annuity and
benefit purposes | ||||||
24 | as provided in this Article, all to the end that such
fireman | ||||||
25 | shall be entitled to receive the same annuities and benefits | ||||||
26 | for
which he would otherwise be eligible if he had continued as |
| |||||||
| |||||||
1 | an active
fireman during the periods of absence from duty.
| ||||||
2 | In computing service on and after the effective date for | ||||||
3 | ordinary
disability benefit, all periods described in the | ||||||
4 | preceding paragraph,
except any period for which a fireman | ||||||
5 | receives ordinary disability
benefit, shall be counted as | ||||||
6 | periods of service.
| ||||||
7 | In computing service for any of the purposes of this | ||||||
8 | Article, credit
shall be given for any periods prior to January | ||||||
9 | 9, 1997,
during which an active fireman (or fire paramedic) who | ||||||
10 | is a member of the
General Assembly is on leave of absence or | ||||||
11 | is otherwise
authorized to be absent from duty to enable him to | ||||||
12 | perform his legislative
duties, notwithstanding any reduction | ||||||
13 | in salary for such periods and
notwithstanding that the | ||||||
14 | contributions paid by the fireman were based on
such reduced | ||||||
15 | salary rather than the full amount of salary attached to his
| ||||||
16 | civil service rank.
| ||||||
17 | In computing service for any of the purposes of this | ||||||
18 | Article, no
credit shall be given for any period during which a | ||||||
19 | fireman was not
rendering active service because of his | ||||||
20 | discharge from the service,
unless proceedings to test the | ||||||
21 | legality of the discharge are filed in a
court of competent | ||||||
22 | jurisdiction within one year from the date of
discharge and a | ||||||
23 | final judgment is entered therein declaring the
discharge | ||||||
24 | illegal.
| ||||||
25 | No overtime or extra service shall be included in computing | ||||||
26 | service
of a fireman and not more than one year or a proper |
| |||||||
| |||||||
1 | fractional part
thereof of service shall be allowed for service | ||||||
2 | rendered during any
calendar year.
| ||||||
3 | (Source: P.A. 86-273; 86-1488; 87-1265.)
| ||||||
4 | (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
| ||||||
5 | Sec. 8-138. Minimum annuities - Additional provisions.
| ||||||
6 | (a) An employee who withdraws after age 65 or more with at | ||||||
7 | least 20
years of service, for whom the amount of age and | ||||||
8 | service and prior service
annuity combined is less than the | ||||||
9 | amount stated in this Section, shall
from the date of | ||||||
10 | withdrawal, instead of all annuities
otherwise provided, be | ||||||
11 | entitled to receive an annuity for life of $150 a
year, plus 1 | ||||||
12 | 1/2% for each year of service, to and including 20 years, and
1 | ||||||
13 | 2/3% for each year of service over 20 years, of his highest | ||||||
14 | average
annual salary for any 4 consecutive years within the | ||||||
15 | last 10 years of
service immediately preceding the date of | ||||||
16 | withdrawal.
| ||||||
17 | An employee who withdraws after 20 or more years of | ||||||
18 | service, before age
65, shall be entitled to such annuity, to | ||||||
19 | begin not earlier than upon
attained age of 55 years if under | ||||||
20 | such age at withdrawal, reduced by 2% for
each full year or | ||||||
21 | fractional part thereof that his attained age is less
than 65, | ||||||
22 | plus an additional 2% reduction for each full year or | ||||||
23 | fractional
part thereof that his attained age when annuity is | ||||||
24 | to begin is less than 60
so that the total reduction at age 55 | ||||||
25 | shall be 30%.
|
| |||||||
| |||||||
1 | (b) An employee who withdraws after July 1, 1957, at age 60 | ||||||
2 | or over,
with 20 or more years of service, for whom the age and | ||||||
3 | service and prior
service annuity combined, is less than the | ||||||
4 | amount stated in this paragraph,
shall, from the date of | ||||||
5 | withdrawal, instead of such annuities, be entitled
to receive | ||||||
6 | an annuity for life equal to 1 2/3% for each year of service, | ||||||
7 | of
the highest average annual salary for any 5 consecutive | ||||||
8 | years within the
last 10 years of service immediately preceding | ||||||
9 | the date of withdrawal;
provided, that in the case of any | ||||||
10 | employee who withdraws on or after July
1, 1971, such employee | ||||||
11 | age 60 or over with 20 or more years of service,
shall receive | ||||||
12 | an annuity for life equal to 1.67% for each of the
first 10 | ||||||
13 | years of service; 1.90% for each of the next 10 years of | ||||||
14 | service;
2.10% for each year of service in excess of 20 but not | ||||||
15 | exceeding 30; and
2.30% for each year of service in excess of | ||||||
16 | 30, based on the highest
average annual salary for any 4 | ||||||
17 | consecutive years within the last 10 years
of service | ||||||
18 | immediately preceding the date of withdrawal.
| ||||||
19 | An employee who withdraws after July 1, 1957 and before | ||||||
20 | January 1,
1988, with 20 or more years of service, before age | ||||||
21 | 60 years is entitled to
annuity, to begin not earlier than upon | ||||||
22 | attained age of 55 years, if under
such age at withdrawal, as | ||||||
23 | computed in the last preceding paragraph,
reduced 0.25% for | ||||||
24 | each full month or fractional part thereof that his
attained | ||||||
25 | age when annuity is to begin is less than 60 if the employee | ||||||
26 | was
born before January 1, 1936, or 0.5% for each such month if |
| |||||||
| |||||||
1 | the employee
was born on or after January 1, 1936.
| ||||||
2 | Any employee born before January 1, 1936, who withdraws | ||||||
3 | with 20 or more
years of service, and any employee with 20 or | ||||||
4 | more years of service who
withdraws on or after January 1, | ||||||
5 | 1988, may elect to receive, in lieu of any
other employee | ||||||
6 | annuity provided in this Section, an annuity for life equal
to | ||||||
7 | 1.80% for each of the first 10 years of service, 2.00% for each | ||||||
8 | of the
next 10 years of service, 2.20% for each year of service | ||||||
9 | in excess of 20
but not exceeding 30, and 2.40% for each year | ||||||
10 | of service in excess of 30,
of the highest average annual | ||||||
11 | salary for any 4 consecutive
years within the last 10 years of | ||||||
12 | service immediately preceding the date of
withdrawal, to begin | ||||||
13 | not earlier than upon attained age of 55 years, if
under such | ||||||
14 | age at withdrawal, reduced 0.25% for each full month or | ||||||
15 | fractional
part thereof that his attained age when annuity is | ||||||
16 | to begin is less than
60; except that an employee retiring on | ||||||
17 | or after January 1, 1988, at age
55 or over but less than age | ||||||
18 | 60, having at least 35 years of service,
or an employee | ||||||
19 | retiring on or after July 1, 1990, at age 55 or over but
less | ||||||
20 | than age 60, having at least 30 years of service,
or an | ||||||
21 | employee retiring on or after the effective date of this | ||||||
22 | amendatory
Act of 1997, at age 55 or over but less than age 60, | ||||||
23 | having at least 25 years
of service, shall not be subject to | ||||||
24 | the reduction in retirement annuity
because of retirement below | ||||||
25 | age 60.
| ||||||
26 | However, in the case of an employee who retired on or after |
| |||||||
| |||||||
1 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
2 | and with at least 35
years of service, and who was subject | ||||||
3 | under this subsection (b) to the
reduction in retirement | ||||||
4 | annuity because of retirement below age 60, that
reduction | ||||||
5 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
6 | annuity shall be recalculated accordingly.
| ||||||
7 | Any employee who withdraws on or after July 1, 1990, with | ||||||
8 | 20 or more years of
service, may elect to receive, in lieu of | ||||||
9 | any other employee annuity provided
in this Section, an annuity | ||||||
10 | for life equal to 2.20% for each year of service
if withdrawal | ||||||
11 | is before January 1, 2002, or 2.40% for each year of
service if | ||||||
12 | withdrawal is on or after January 1, 2002,
of the highest | ||||||
13 | average annual salary for any 4 consecutive years within the
| ||||||
14 | last 10 years of service immediately preceding the date of | ||||||
15 | withdrawal, to begin
not earlier than upon attained
age of 55 | ||||||
16 | years, if under such age at withdrawal, reduced 0.25% for each
| ||||||
17 | full month or fractional part thereof that his attained age | ||||||
18 | when annuity is
to begin is less than 60; except that an | ||||||
19 | employee retiring at age 55 or
over but less than age 60, | ||||||
20 | having at least 30 years of service, shall not
be subject to | ||||||
21 | the reduction in retirement annuity because of retirement below
| ||||||
22 | age 60.
| ||||||
23 | Any employee who withdraws on or after the effective date | ||||||
24 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
25 | may elect to receive,
in lieu of any other employee annuity | ||||||
26 | provided in this Section, an annuity for
life equal to 2.20% |
| |||||||
| |||||||
1 | for each year of service, if withdrawal is before
January 1, | ||||||
2 | 2002, or 2.40% for each year of service if withdrawal is
on or
| ||||||
3 | after January 1, 2002, of the highest average annual
salary for | ||||||
4 | any 4 consecutive years within the last 10 years of service
| ||||||
5 | immediately preceding the date of withdrawal, to begin not | ||||||
6 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
7 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
8 | month or remaining fractional part thereof that the
employee's | ||||||
9 | attained age when annuity is to begin is less than 60; except | ||||||
10 | that
an employee retiring at age 50 or over with at least 30 | ||||||
11 | years of service or at
age 55 or over with at least 25 years of | ||||||
12 | service shall not be subject to the
reduction in retirement | ||||||
13 | annuity because of retirement below age 60.
| ||||||
14 | The maximum annuity payable under part (a) and (b) of this | ||||||
15 | Section shall
not exceed 70% of highest average annual salary | ||||||
16 | in the case of an employee
who withdraws prior to July 1, 1971, | ||||||
17 | 75% if withdrawal takes place on
or after July 1, 1971 and | ||||||
18 | prior to January 1, 2002, or 80% if
withdrawal
takes place on | ||||||
19 | or after January 1, 2002. For the
purpose of the minimum
| ||||||
20 | annuity provided in this Section $1,500 is considered the | ||||||
21 | minimum annual
salary for any year; and the maximum annual | ||||||
22 | salary for the computation of such
annuity is $4,800 for any | ||||||
23 | year before 1953, $6000 for the years 1953 to 1956,
inclusive, | ||||||
24 | and the actual annual salary, as salary is defined in this | ||||||
25 | Article,
for any year thereafter.
| ||||||
26 | To preserve rights existing on December 31, 1959, for |
| |||||||
| |||||||
1 | participants and
contributors on that date to the fund created | ||||||
2 | by the Court and Law
Department Employees' Annuity Act, who | ||||||
3 | became participants in the fund
provided for on January 1, | ||||||
4 | 1960, the maximum annual salary to be considered
for such | ||||||
5 | persons for the years 1955 and 1956 is $7,500.
| ||||||
6 | (c) For an employee receiving disability benefit, his | ||||||
7 | salary for annuity
purposes under paragraphs (a) and (b) of | ||||||
8 | this Section, for all periods of
disability benefit subsequent | ||||||
9 | to the year 1956, is the amount on which his
disability benefit | ||||||
10 | was based.
| ||||||
11 | (d) An employee with 20 or more years of service, whose | ||||||
12 | entire disability
benefit credit period expires before
| ||||||
13 | attainment of age 55 while still disabled for service, is | ||||||
14 | entitled upon
withdrawal to the larger of (1) the minimum | ||||||
15 | annuity provided above, assuming he
is then age 55, and | ||||||
16 | reducing such annuity to its actuarial equivalent as of his
| ||||||
17 | attained age on such date or (2) the annuity provided from his | ||||||
18 | age and service
and prior service annuity credits.
| ||||||
19 | (e) The minimum annuity provisions do not apply to any | ||||||
20 | former municipal
employee receiving an annuity from the fund | ||||||
21 | who re-enters service as a
municipal employee, unless he | ||||||
22 | renders at least 3 years of additional
service after the date | ||||||
23 | of re-entry.
| ||||||
24 | (f) An employee in service on July 1, 1947, or who became a | ||||||
25 | contributor
after July 1, 1947 and before attainment of age 70, | ||||||
26 | who withdraws after age
65, with less than 20 years of service |
| |||||||
| |||||||
1 | for whom the annuity has been fixed
under this Article shall, | ||||||
2 | instead of the annuity so fixed, receive an
annuity as follows:
| ||||||
3 | Such amount as he could have received had the accumulated | ||||||
4 | amounts for
annuity been improved with interest at the | ||||||
5 | effective rate to the date of
his withdrawal, or to attainment | ||||||
6 | of age 70, whichever is earlier, and had
the city contributed | ||||||
7 | to such earlier date for age and service annuity the
amount | ||||||
8 | that it would have contributed had he been under age 65, after | ||||||
9 | the
date his annuity was fixed in accordance with this Article, | ||||||
10 | and assuming
his annuity were computed from such accumulations | ||||||
11 | as of his age on such
earlier date. The annuity so computed | ||||||
12 | shall not exceed the annuity which
would be payable under the | ||||||
13 | other provisions of this Section if the employee
was credited | ||||||
14 | with 20 years of service and would qualify for annuity | ||||||
15 | thereunder.
| ||||||
16 | (g) Instead of the annuity provided in this Article, an | ||||||
17 | employee having
attained age 65 with at least 15 years of | ||||||
18 | service who withdraws from
service on or after July 1, 1971 and | ||||||
19 | whose annuity computed under other
provisions of this Article | ||||||
20 | is less than the amount provided under this
paragraph, is | ||||||
21 | entitled to a minimum annuity for life equal to 1% of the
| ||||||
22 | highest average annual salary, as salary is defined and limited | ||||||
23 | in this
Section for any 4 consecutive years within the last 10 | ||||||
24 | years of service for
each year of service, plus the sum of $25 | ||||||
25 | for each year of service. The
annuity shall not exceed 60% of | ||||||
26 | such highest average annual salary.
|
| |||||||
| |||||||
1 | (g-1) Instead of any other retirement annuity provided in | ||||||
2 | this Article,
an employee who has at least 10 years of service | ||||||
3 | and withdraws from service
on or after January 1, 1999 may | ||||||
4 | elect to receive a retirement annuity for
life, beginning no | ||||||
5 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
6 | withdrawal is before January 1, 2002, or 2.4% if withdrawal is | ||||||
7 | on
or after January 1, 2002, of final average salary for each
| ||||||
8 | year of service,
subject to a maximum of 75% of final average | ||||||
9 | salary if withdrawal is before
January 1, 2002, or 80% if | ||||||
10 | withdrawal is on or after January 1, 2002. For
the purpose of | ||||||
11 | calculating this annuity, "final average salary" means the
| ||||||
12 | highest average annual salary for any 4 consecutive years in | ||||||
13 | the last 10 years
of service. Nothwithstanding any provision of | ||||||
14 | this subsection to the contrary, the "final average salary" for | ||||||
15 | a participant that received credit under subsection (c) of | ||||||
16 | Section 8-226 means the highest average salary for any 4 | ||||||
17 | consecutive years (or any 8 consecutive years if the employee | ||||||
18 | first became a participant on or after January 1, 2011) in the | ||||||
19 | 10 years immediately prior to the leave of absence, and adding | ||||||
20 | to that highest average salary, the product of (i) that highest | ||||||
21 | average salary, (ii) the average percentage increase in the | ||||||
22 | Consumer Price Index during each 12-month calendar year for the | ||||||
23 | calendar years during the participant's leave of absence, and | ||||||
24 | (iii) the length of the leave of absence in years, provided | ||||||
25 | that this shall not exceed the participant's salary at the | ||||||
26 | local labor organization. For purposes of this Section, the |
| |||||||
| |||||||
1 | Consumer Price Index is the Consumer Price Index for All Urban | ||||||
2 | Consumers for all items published by the United States | ||||||
3 | Department of Labor.
| ||||||
4 | (h) The minimum annuities provided under this Section shall | ||||||
5 | be paid in
equal monthly installments.
| ||||||
6 | (i) The amendatory provisions of part (b) and (g) of this | ||||||
7 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
8 | of every qualifying
employee withdrawing on or after July 1, | ||||||
9 | 1971.
| ||||||
10 | (j) The amendatory provisions of this amendatory Act of | ||||||
11 | 1985 (P.A.
84-23) relating to the discount of annuity because | ||||||
12 | of retirement prior to
attainment of age 60, and to the | ||||||
13 | retirement formula, for those born before
January 1, 1936, | ||||||
14 | shall apply only to qualifying employees withdrawing on or
| ||||||
15 | after July 18, 1985.
| ||||||
16 | (j-1) The changes made to this Section by Public Act 92-609 | ||||||
17 | (increasing the retirement
formula to 2.4% per year of service | ||||||
18 | and increasing the maximum to 80%) apply
to persons who | ||||||
19 | withdraw from service on or after January 1, 2002, regardless
| ||||||
20 | of whether that withdrawal takes place before the effective | ||||||
21 | date of that Act. In the case of a person who withdraws from | ||||||
22 | service
on or after January 1, 2002 but begins to receive a | ||||||
23 | retirement annuity before
July 1, 2002, the annuity
shall be | ||||||
24 | recalculated, with the increase resulting from Public Act | ||||||
25 | 92-609
accruing from the date the retirement annuity
began. The | ||||||
26 | changes made by Public Act 92-609 control over the changes made
|
| |||||||
| |||||||
1 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
2 | (k) Beginning on January 1, 1999, the minimum amount of | ||||||
3 | employee's annuity
shall be $850 per month for life for the | ||||||
4 | following classes of employees,
without regard to the fact that | ||||||
5 | withdrawal occurred prior to the effective date
of this | ||||||
6 | amendatory Act of 1998:
| ||||||
7 | (1) any employee annuitant alive and receiving a life | ||||||
8 | annuity on
the effective date of this amendatory Act of | ||||||
9 | 1998,
except a reciprocal annuity;
| ||||||
10 | (2) any employee annuitant alive and receiving a term | ||||||
11 | annuity on
the effective date of this amendatory Act of | ||||||
12 | 1998,
except a reciprocal annuity;
| ||||||
13 | (3) any employee annuitant alive and receiving a | ||||||
14 | reciprocal annuity on
the effective date of this amendatory | ||||||
15 | Act of 1998,
whose service in this fund is at least 5 | ||||||
16 | years;
| ||||||
17 | (4) any employee annuitant withdrawing after age 60 on | ||||||
18 | or after
the effective date of this amendatory Act of 1998,
| ||||||
19 | with at least 10 years of service in this fund.
| ||||||
20 | The increases granted under items (1), (2) and (3) of this | ||||||
21 | subsection (k)
shall not be limited by any other Section of | ||||||
22 | this Act.
| ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
24 | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| ||||||
25 | Sec. 8-226. Computation of service.
In computing the term |
| |||||||
| |||||||
1 | of service of an employee prior to the effective
date, the | ||||||
2 | entire period beginning on the date he was first appointed and
| ||||||
3 | ending on the day before the effective date, except any | ||||||
4 | intervening period
during which he was separated by withdrawal | ||||||
5 | from service, shall be counted
for all purposes of this | ||||||
6 | Article, except that for any employee who was not
in service on | ||||||
7 | the day before the effective date, service rendered prior to
| ||||||
8 | such date shall not be considered for the purposes of Section | ||||||
9 | 8-138.
| ||||||
10 | For a person employed by an employer for whom this Article | ||||||
11 | was in effect
prior to January 1, 1950, from whose salary | ||||||
12 | deductions are first made under
this Article after December 31, | ||||||
13 | 1949, any period of service rendered prior
to the effective | ||||||
14 | date, unless he was in service on the day before the
effective | ||||||
15 | date, shall not be counted as service.
| ||||||
16 | The time a person was an employee of any territory annexed | ||||||
17 | to the city
prior to the effective date shall be counted as a | ||||||
18 | period of service.
| ||||||
19 | In computing the term of service of any employee subsequent | ||||||
20 | to the day
before the effective date, the following periods | ||||||
21 | shall be counted as
periods of service for age and service, | ||||||
22 | widow's and child's annuity
purposes:
| ||||||
23 | (a) The time during which he performed the duties of | ||||||
24 | his position;
| ||||||
25 | (b) Vacations, leaves of absence with whole or part | ||||||
26 | pay, and leaves of
absence without pay not longer than 90 |
| |||||||
| |||||||
1 | days;
| ||||||
2 | (c) Leaves of absence without pay that begin before the | ||||||
3 | effective date of this amendatory Act of the 97th General | ||||||
4 | Assembly and during which a participant is
employed | ||||||
5 | full-time by a local labor organization that represents | ||||||
6 | municipal employees,
provided that (1) the participant | ||||||
7 | continues to make employee contributions
to the Fund as | ||||||
8 | though he were an active employee, based on the regular
| ||||||
9 | salary rate received by the participant
for his municipal | ||||||
10 | employment immediately prior to such leave of absence
(and | ||||||
11 | in the case of such employment prior to December 9, 1987, | ||||||
12 | pays
to the Fund an amount equal
to the employee | ||||||
13 | contributions for such employment plus regular interest
| ||||||
14 | thereon as calculated by the board),
and based on his | ||||||
15 | current salary with such labor organization after the
| ||||||
16 | effective date of this amendatory Act of 1991,
(2) after | ||||||
17 | January 1, 1989 the participant, or the labor organization | ||||||
18 | on the
participant's behalf, makes contributions to the | ||||||
19 | Fund as though it were the
employer, in the same amount and | ||||||
20 | same manner as specified under this
Article, based on the | ||||||
21 | regular salary rate received by the participant for
his | ||||||
22 | municipal employment immediately prior to such leave of | ||||||
23 | absence, and
based on his current salary with such labor | ||||||
24 | organization after the effective
date of this amendatory | ||||||
25 | Act of 1991, and (3) the participant does not receive
| ||||||
26 | credit in any pension plan established by the local labor |
| |||||||
| |||||||
1 | organization based on
his employment by the organization;
| ||||||
2 | (d) Any period of disability for which he received (i) | ||||||
3 | a disability
benefit under this Article, or (ii) a | ||||||
4 | temporary total disability benefit
under the Workers' | ||||||
5 | Compensation Act if the disability results from a
condition | ||||||
6 | commonly termed heart attack or stroke or any other | ||||||
7 | condition
falling within the broad field of coronary | ||||||
8 | involvement or heart disease,
or (iii) whole or part pay;
| ||||||
9 | (e) Any period for which contributions and service | ||||||
10 | credit have been
transferred to this Fund under subsection | ||||||
11 | (d) of Section 9-121.1 or
subsection (d) of Section | ||||||
12 | 12-127.1 of this Code.
| ||||||
13 | For a person employed by an employer in which the 1921 Act | ||||||
14 | was in effect
prior to January 1, 1950, from whose salary | ||||||
15 | deductions are first made under
the 1921 Act or this Article | ||||||
16 | after December 31, 1949, any period of service
rendered | ||||||
17 | subsequent to the effective date and prior to the date he | ||||||
18 | became
an employee and contributor, shall not be counted as a | ||||||
19 | period of service
under this Article,
except such period for | ||||||
20 | which he made payment as
provided in Section 8-230 of this | ||||||
21 | Article, in which case such period shall
be counted as a period | ||||||
22 | of service for all annuity purposes hereunder.
| ||||||
23 | In computing the term of service of an employee subsequent | ||||||
24 | to the day
before the effective date for ordinary disability | ||||||
25 | benefit purposes, all
periods described in the preceding | ||||||
26 | paragraph, except any such period for
which he receives |
| |||||||
| |||||||
1 | ordinary disability benefit, shall be counted as periods
of | ||||||
2 | service; provided, that for any person employed by an employer | ||||||
3 | in which
this Article was in effect prior to January 1, 1950, | ||||||
4 | from whose salary
deductions are first made under this Article | ||||||
5 | after December 31, 1949, any
period of service rendered | ||||||
6 | subsequent to the effective date and prior to
the date he | ||||||
7 | became an employee and contributor, shall not be counted as a
| ||||||
8 | period of service for ordinary disability benefit purposes, | ||||||
9 | unless the person
made payment for the period as provided in | ||||||
10 | Section 8-230 of this Article, in
which case the period shall | ||||||
11 | be counted as a period of service for ordinary
disability | ||||||
12 | purposes for periods of disability on or after the effective | ||||||
13 | date of
this amendatory Act of 1997.
| ||||||
14 | Overtime or extra service shall not be included in | ||||||
15 | computing any term of
service. Not more than 1 year of service | ||||||
16 | shall be allowed for service
rendered during any calendar year. | ||||||
17 | For the purposes of this Section, the phrase "any pension | ||||||
18 | plan established by the local labor organization" means any | ||||||
19 | pension plan in which a participant may receive credit as a | ||||||
20 | result of his or her membership in the local labor | ||||||
21 | organization, including, but not limited to, the local labor | ||||||
22 | organization itself and its affiliates at the local, | ||||||
23 | intrastate, State, multi-state, national, or international | ||||||
24 | level. The definition of this phrase is a declaration of | ||||||
25 | existing law and shall not be construed as a new enactment.
| ||||||
26 | (Source: P.A. 90-511, eff. 8-22-97.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/8-233) (from Ch. 108 1/2, par. 8-233)
| ||||||
2 | Sec. 8-233. Basis of annual salary. For the purpose of this | ||||||
3 | Article,
the annual salary of an employee whose salary or wage | ||||||
4 | is
appropriated, fixed, or arranged in the annual appropriation | ||||||
5 | ordinance upon
other than an annual basis shall be determined | ||||||
6 | as follows:
| ||||||
7 | (a) If the employee is paid on a monthly basis, the annual | ||||||
8 | salary
is 12 times the monthly salary. If
the employee is paid | ||||||
9 | on a weekly basis, the annual salary is 52 times
the weekly | ||||||
10 | salary.
| ||||||
11 | "Monthly salary" means the amount of compensation or salary
| ||||||
12 | appropriated and payable for a normal and regular month's work | ||||||
13 | in the
employee's position in the service. "Weekly salary" | ||||||
14 | means
the amount of compensation or salary appropriated and | ||||||
15 | payable
for a normal and regular week's work in the employee's | ||||||
16 | position in the
service. If the work is on a regularly | ||||||
17 | scheduled part time basis, then "monthly salary" and "weekly | ||||||
18 | salary" refer,
respectively, to the part time monthly or weekly | ||||||
19 | salary.
| ||||||
20 | If the appropriation for the position is for a shorter | ||||||
21 | period than 12
months a year, or 52 weeks a year if on a weekly | ||||||
22 | basis, or the employee is
in a class, grade, or category in | ||||||
23 | which the employee normally works for fewer than 12
months or | ||||||
24 | 52 weeks a year, then the basis shall be adjusted
downward to | ||||||
25 | the extent that the appropriated or
customary work period is |
| |||||||
| |||||||
1 | less than the normal 12 months
or 52 weeks of service in a | ||||||
2 | year.
| ||||||
3 | Compensation for overtime, at regular or overtime rates, | ||||||
4 | that is paid in
addition to the appropriated regular and normal | ||||||
5 | monthly or weekly salary
shall not be considered.
| ||||||
6 | (b) If the employee is paid on a daily basis, the annual | ||||||
7 | salary
is 260 times the daily wage. If the
employee is paid on | ||||||
8 | an hourly basis, the annual salary is 2080 times
the hourly | ||||||
9 | wage.
| ||||||
10 | The norm is based on a 12-month per year, 5-day work week | ||||||
11 | of 8 hours per
day and 40 hours per week, with consideration | ||||||
12 | given only to time
compensated for at the straight time rate of | ||||||
13 | compensation or wage. The
norm shall be increased (subject to a | ||||||
14 | maximum of 300 days or 2400 hours per
year) or decreased for an | ||||||
15 | employee
to the extent that the normal and established work | ||||||
16 | period, at the
straight time compensation or wage for the | ||||||
17 | position held in the
class, grade, or category in which the | ||||||
18 | employee is assigned, is
for a greater or lesser number of | ||||||
19 | months, weeks, days, or hours than
the period on which the | ||||||
20 | established norm is based.
| ||||||
21 | "Daily wage" and "hourly wage" mean,
respectively, the | ||||||
22 | normal, regular, or basic straight time rate of
compensation or | ||||||
23 | wage appropriated and payable for a normal and regular
day's | ||||||
24 | work, or hour's work, in the employee's position in the | ||||||
25 | service.
| ||||||
26 | Any time worked in excess of the norm (or the increased or |
| |||||||
| |||||||
1 | decreased
norm, whichever is applicable) that is compensated | ||||||
2 | for at overtime,
premium, or other than regular or basic | ||||||
3 | straight time rates shall not be
considered as time worked, and | ||||||
4 | the compensation for that work shall not
be considered as | ||||||
5 | salary or wage. Such time and compensation shall in
every case | ||||||
6 | and for all purposes be considered overtime and shall be
| ||||||
7 | excluded for all purposes under this Article. However, the
| ||||||
8 | straight time portion of compensation or wage, for time worked | ||||||
9 | on holidays
that fall within an employee's established norm, | ||||||
10 | shall be
included for all purposes under this Article.
| ||||||
11 | (c) For minimum annuity purposes under Section 8-138, where | ||||||
12 | a
salary rate change occurs during the year, it shall be | ||||||
13 | considered that the
annual salary for that year is (1) the | ||||||
14 | annual
equivalent of the monthly, weekly, daily, or hourly | ||||||
15 | salary or
wage rate that was applicable for the greater number | ||||||
16 | of months,
weeks, days, or hours (whichever is applicable) in
| ||||||
17 | the year under consideration, or (2) the annual equivalent
of | ||||||
18 | the average salary or wage rate in effect for the employee | ||||||
19 | during the
year, whichever is greater. The average salary or | ||||||
20 | wage rate shall be
calculated by multiplying each salary or | ||||||
21 | wage rate in effect for the
employee during the year by the | ||||||
22 | number of months, weeks, days, or hours
(whichever is | ||||||
23 | applicable) during which that rate was in effect, and
dividing | ||||||
24 | the sum of the resulting products by the total number of | ||||||
25 | months,
weeks, days, or hours (whichever is applicable) worked | ||||||
26 | by the employee
during the year.
|
| |||||||
| |||||||
1 | (d) The changes to subsection (c) made by this amendatory | ||||||
2 | Act of 1997
apply to persons withdrawing from service on or | ||||||
3 | after July 1, 1990 and for each
such person are intended to be | ||||||
4 | retroactive to the date upon which the affected
annuity began. | ||||||
5 | The Fund shall recompute the affected annuity and shall pay the
| ||||||
6 | additional amount due for the period before the increase | ||||||
7 | resulting from this
amendatory Act in a lump sum, without | ||||||
8 | interest.
| ||||||
9 | (e) This Article shall not be construed to authorize a | ||||||
10 | salary paid by an entity other than an employer, as defined in | ||||||
11 | Section 8-110, to be used to calculate the highest average | ||||||
12 | annual salary of a participant. This subsection (e) is a | ||||||
13 | declaration of existing law and shall not be construed as a new | ||||||
14 | enactment. | ||||||
15 | (Source: P.A. 90-31, eff. 6-27-97.)
| ||||||
16 | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
| ||||||
17 | Sec. 9-219. Computation of service.
| ||||||
18 | (1) In computing the term of service of an employee prior | ||||||
19 | to the effective
date, the entire period beginning on the date | ||||||
20 | he was first appointed and
ending on the day before the | ||||||
21 | effective date, except any intervening period
during which he | ||||||
22 | was separated by withdrawal from service, shall be counted
for | ||||||
23 | all purposes of this Article.
| ||||||
24 | (2) In computing the term of service of any employee on or | ||||||
25 | after the
effective date, the following periods of time shall |
| |||||||
| |||||||
1 | be counted as periods
of service for age and service, widow's | ||||||
2 | and child's annuity purposes:
| ||||||
3 | (a) The time during which he performed the duties of | ||||||
4 | his position.
| ||||||
5 | (b) Vacations, leaves of absence with whole or part | ||||||
6 | pay, and leaves of
absence without pay not longer than 90 | ||||||
7 | days.
| ||||||
8 | (c) For an employee who is a member of a county police | ||||||
9 | department or a
correctional officer with the county | ||||||
10 | department of corrections, approved
leaves of absence | ||||||
11 | without pay during which the
employee serves as a full-time | ||||||
12 | officer or employee of an employee
association, the | ||||||
13 | membership of which consists of other participants in the
| ||||||
14 | Fund, provided that the employee contributes to the
Fund | ||||||
15 | (1) the amount that he would have contributed had he | ||||||
16 | remained an active
employee in the position he
occupied at | ||||||
17 | the time the leave of absence was granted, (2) an amount | ||||||
18 | calculated
by the Board representing employer | ||||||
19 | contributions, and (3) regular interest
thereon from the | ||||||
20 | date of service to the date of payment. However, if the
| ||||||
21 | employee's application to establish credit under this | ||||||
22 | subsection is received
by the Fund on or after July 1, 2002 | ||||||
23 | and before July 1, 2003, the amount
representing employer | ||||||
24 | contributions specified in item (2) shall be waived.
| ||||||
25 | For a former member of a county police department who | ||||||
26 | has received a
refund under Section 9-164, periods during |
| |||||||
| |||||||
1 | which the employee serves as
head of an employee | ||||||
2 | association, the membership of which consists of other
| ||||||
3 | police officers, provided that the employee contributes to | ||||||
4 | the Fund (1) the
amount that he would have contributed had | ||||||
5 | he remained an active member of
the county police | ||||||
6 | department in the position he occupied at the time he
left | ||||||
7 | service, (2) an amount calculated by the Board representing | ||||||
8 | employer
contributions, and (3) regular interest thereon | ||||||
9 | from the date of service to
the date of payment. However, | ||||||
10 | if the former member of the county police
department | ||||||
11 | retires on or after January 1, 1993 but no later than March | ||||||
12 | 1,
1993, the amount representing employer contributions | ||||||
13 | specified in item (2)
shall be waived.
| ||||||
14 | For leaves of absence to which this item (c) applies | ||||||
15 | and for other periods to which this item (c) applies, | ||||||
16 | including those leaves of absence and other periods of | ||||||
17 | service beginning before the effective date of this | ||||||
18 | amendatory Act of the 97th General Assembly, the employee | ||||||
19 | or former member must continue to remain in sworn status, | ||||||
20 | subject to the professional standards of the public | ||||||
21 | employer or those terms established in statute.
| ||||||
22 | (d) Any period of disability for which he received | ||||||
23 | disability benefit or
whole or part pay.
| ||||||
24 | (e) Accumulated vacation or other time for which an | ||||||
25 | employee who
retires on or after November 1, 1990 receives | ||||||
26 | a lump sum payment at the
time of retirement, provided that |
| |||||||
| |||||||
1 | contributions were made to the fund at
the time such lump | ||||||
2 | sum payment was received. The service granted for the
lump | ||||||
3 | sum payment shall not change the employee's date of | ||||||
4 | withdrawal for
computing the effective date of the annuity.
| ||||||
5 | (f) An employee may receive service credit for annuity | ||||||
6 | purposes for
accumulated sick leave as of the date of the | ||||||
7 | employee's withdrawal from
service, not to exceed a total | ||||||
8 | of 180 days, provided that the amount of
such accumulated | ||||||
9 | sick leave is certified by the County Comptroller to the
| ||||||
10 | Board and the employee pays an amount equal to 8.5% (9% for | ||||||
11 | members
of the County Police Department who are eligible to | ||||||
12 | receive an annuity
under Section 9-128.1) of the amount | ||||||
13 | that would have been paid had such
accumulated sick leave | ||||||
14 | been paid at the employee's final rate of salary.
Such | ||||||
15 | payment shall be made within 30 days after the date of | ||||||
16 | withdrawal and
prior to receipt of the first annuity check. | ||||||
17 | The service credit granted
for such accumulated sick leave | ||||||
18 | shall not change the employee's date of
withdrawal for the | ||||||
19 | purpose of computing the effective date of the annuity.
| ||||||
20 | (3) In computing the term of service of an employee on or | ||||||
21 | after the
effective date for ordinary disability benefit | ||||||
22 | purposes, the following
periods of time shall be counted as | ||||||
23 | periods of service:
| ||||||
24 | (a) Unless otherwise specified in Section 9-157, the | ||||||
25 | time during which
he performed the duties of his position.
| ||||||
26 | (b) Paid vacations and leaves of absence with whole or |
| |||||||
| |||||||
1 | part pay.
| ||||||
2 | (c) Any period for which he received duty disability | ||||||
3 | benefit.
| ||||||
4 | (d) Any period of disability for which he received | ||||||
5 | whole or part pay.
| ||||||
6 | (4) For an employee who on January 1, 1958, was transferred | ||||||
7 | by Act
of the 70th General Assembly from his position in a | ||||||
8 | department of welfare
of any city located in the county in | ||||||
9 | which this Article is in force and
effect to a similar position | ||||||
10 | in a department of such county, service shall
also be credited | ||||||
11 | for ordinary disability benefit and child's annuity for
such | ||||||
12 | period of department of welfare service during which period he | ||||||
13 | was a
contributor to a statutory annuity and benefit fund in | ||||||
14 | such city and for
which purposes service credit would otherwise | ||||||
15 | not be credited by virtue of
such involuntary transfer.
| ||||||
16 | (5) An employee described in subsection (e) of Section | ||||||
17 | 9-108 shall receive
credit for child's annuity and ordinary | ||||||
18 | disability benefit for the period of
time for which he was | ||||||
19 | credited with service in the fund from which he was
| ||||||
20 | involuntarily separated through class or group transfer; | ||||||
21 | provided, that no such
credit shall be allowed to the extent | ||||||
22 | that it results in a duplication of
credits or benefits, and | ||||||
23 | neither shall such credit be allowed to the extent
that it was | ||||||
24 | or may be forfeited by the application for and acceptance of a
| ||||||
25 | refund from the fund from which the employee was transferred.
| ||||||
26 | (6) Overtime or extra service shall not be included in |
| |||||||
| |||||||
1 | computing
service. Not more than 1 year of service shall be | ||||||
2 | allowed for service
rendered during any calendar year.
| ||||||
3 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
4 | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
| ||||||
5 | Sec. 11-134. Minimum annuities.
| ||||||
6 | (a) An employee whose withdrawal occurs after July 1, 1957 | ||||||
7 | at age 60 or
over, with 20 or more years of service, (as | ||||||
8 | service is defined or computed
in Section 11-216), for whom the | ||||||
9 | age and service and prior service annuity
combined is less than | ||||||
10 | the amount stated in this Section, shall, from and
after the | ||||||
11 | date of withdrawal, in lieu of all annuities otherwise provided
| ||||||
12 | in this Article, be entitled to receive an annuity for life of | ||||||
13 | an amount
equal to 1 2/3% for each year of service, of the | ||||||
14 | highest average annual
salary for any 5 consecutive years | ||||||
15 | within the last 10 years of service
immediately preceding the | ||||||
16 | date of withdrawal; provided, that in the case of
any employee | ||||||
17 | who withdraws on or after July 1, 1971, such employee age 60
or | ||||||
18 | over with 20 or more years of service, shall be entitled to | ||||||
19 | instead
receive an annuity for life equal to 1.67% for each of | ||||||
20 | the first 10 years
of service; 1.90% for each of the next 10 | ||||||
21 | years of service; 2.10% for each
year of service in excess of | ||||||
22 | 20 but not exceeding 30; and 2.30% for each
year of service in | ||||||
23 | excess of 30, based on the highest average annual salary
for | ||||||
24 | any 4 consecutive years within the last 10 years of service | ||||||
25 | immediately
preceding the date of withdrawal.
|
| |||||||
| |||||||
1 | An employee who withdraws after July 1, 1957 and before | ||||||
2 | January 1,
1988, with 20 or more years of service, before age | ||||||
3 | 60, shall be entitled to
an annuity, to begin not earlier than | ||||||
4 | age 55, if under such age at
withdrawal, as computed in the | ||||||
5 | last preceding paragraph, reduced 0.25% if
the employee was | ||||||
6 | born before January 1, 1936, or 0.5% if the employee was
born | ||||||
7 | on or after January 1, 1936, for each full month or fractional | ||||||
8 | part
thereof that his attained age when such annuity is to | ||||||
9 | begin is less than 60.
| ||||||
10 | Any employee born before January 1, 1936 who withdraws
with | ||||||
11 | 20 or more years of service, and any employee with 20 or more | ||||||
12 | years of
service who withdraws on or after January 1, 1988, may | ||||||
13 | elect to receive, in
lieu of any other employee
annuity | ||||||
14 | provided in this Section, an annuity for life equal to 1.80% | ||||||
15 | for
each of the first 10 years of service, 2.00% for each of | ||||||
16 | the next 10 years
of service, 2.20% for each year of service in | ||||||
17 | excess of 20, but not
exceeding 30, and 2.40% for each year of | ||||||
18 | service in excess of 30,
of the highest average annual salary | ||||||
19 | for any 4
consecutive years within the last 10 years of service | ||||||
20 | immediately preceding
the date of withdrawal, to begin not | ||||||
21 | earlier than upon attained age of 55
years, if under such age | ||||||
22 | at withdrawal, reduced 0.25% for each full month
or fractional | ||||||
23 | part thereof that his attained age when annuity is to begin
is | ||||||
24 | less than 60; except that an employee retiring on or after | ||||||
25 | January 1,
1988, at age 55 or over but less than age 60, having | ||||||
26 | at least 35 years of
service, or an employee retiring on or |
| |||||||
| |||||||
1 | after July 1, 1990, at age 55
or over but less than age 60, | ||||||
2 | having at least 30 years of service,
or an employee retiring on | ||||||
3 | or after the effective date of this amendatory Act
of 1997, at | ||||||
4 | age 55 or over but less than age 60, having at least 25 years of
| ||||||
5 | service, shall not be subject to the reduction in retirement | ||||||
6 | annuity because
of retirement below age 60.
| ||||||
7 | However, in the case of an employee who retired on or after | ||||||
8 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
9 | and with at least 35
years of service, and who was subject | ||||||
10 | under this subsection (a) to the
reduction in retirement | ||||||
11 | annuity because of retirement below age 60, that
reduction | ||||||
12 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
13 | annuity shall be recalculated accordingly.
| ||||||
14 | Any employee who withdraws on or after July 1, 1990, with | ||||||
15 | 20 or more
years of service, may elect to receive, in lieu of | ||||||
16 | any other employee
annuity provided in this Section, an annuity | ||||||
17 | for life equal to 2.20% for
each year of service if withdrawal | ||||||
18 | is before January 1, 2002, or
2.40% for each year of service if | ||||||
19 | withdrawal is on or after January 1,
2002, of the highest | ||||||
20 | average annual salary for any 4
consecutive years within the | ||||||
21 | last 10 years of service immediately preceding
the date of | ||||||
22 | withdrawal, to begin not earlier than upon attained age of 55
| ||||||
23 | years, if under such age at withdrawal, reduced 0.25% for each | ||||||
24 | full month
or fractional part thereof that his attained age | ||||||
25 | when annuity is to begin
is less than 60; except that an | ||||||
26 | employee retiring at age 55 or over but
less than age 60, |
| |||||||
| |||||||
1 | having at least 30 years of service, shall not be subject
to | ||||||
2 | the reduction in retirement annuity because of retirement below | ||||||
3 | age 60.
| ||||||
4 | Any employee who withdraws on or after the effective date | ||||||
5 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
6 | may elect to receive,
in lieu of any other employee annuity | ||||||
7 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
8 | for each year of service if withdrawal is before
January 1, | ||||||
9 | 2002, or 2.40% for each year of service if withdrawal is
on or
| ||||||
10 | after January 1, 2002, of the
highest average annual
salary for | ||||||
11 | any 4 consecutive years within the last 10 years of service
| ||||||
12 | immediately preceding the date of withdrawal, to begin not | ||||||
13 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
14 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
15 | month or remaining fractional part thereof that the
employee's | ||||||
16 | attained age when annuity is to begin is less than 60; except | ||||||
17 | that
an employee retiring at age 50 or over with at least 30 | ||||||
18 | years of service or at
age 55 or over with at least 25 years of | ||||||
19 | service shall not be subject to the
reduction in retirement | ||||||
20 | annuity because of retirement below age 60.
| ||||||
21 | The maximum annuity payable under this paragraph (a) of | ||||||
22 | this Section
shall not exceed 70% of highest average annual | ||||||
23 | salary in the case of an
employee who withdraws prior to July | ||||||
24 | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | ||||||
25 | and prior to January 1, 2002, or 80% if
withdrawal
is on or | ||||||
26 | after January 1, 2002. For the purpose of the
minimum annuity
|
| |||||||
| |||||||
1 | provided in said paragraphs $1,500 shall be considered the | ||||||
2 | minimum annual
salary for any year; and the maximum annual | ||||||
3 | salary to be considered for the
computation of such annuity | ||||||
4 | shall be $4,800 for any year prior to 1953,
$6,000 for the | ||||||
5 | years 1953 to 1956, inclusive, and the actual annual salary,
as | ||||||
6 | salary is defined in this Article, for any year thereafter.
| ||||||
7 | (b) For an employee receiving disability benefit, his | ||||||
8 | salary for annuity
purposes under this Section shall, for all | ||||||
9 | periods of disability benefit
subsequent to the year 1956, be | ||||||
10 | the amount on which his disability benefit
was based.
| ||||||
11 | (c) An employee with 20 or more years of service, whose | ||||||
12 | entire
disability benefit credit period expires prior to | ||||||
13 | attainment of age 55
while still disabled for service, shall be | ||||||
14 | entitled upon withdrawal to the
larger of (1) the minimum | ||||||
15 | annuity provided above assuming that he is then
age 55, and | ||||||
16 | reducing such annuity to its actuarial equivalent at his
| ||||||
17 | attained age on such date, or (2) the annuity provided from his | ||||||
18 | age and
service and prior service annuity credits.
| ||||||
19 | (d) The minimum annuity provisions as aforesaid shall not | ||||||
20 | apply to any
former employee receiving an annuity from the | ||||||
21 | fund, and who re-enters
service as an employee, unless he | ||||||
22 | renders at least 3 years of additional
service after the date | ||||||
23 | of re-entry.
| ||||||
24 | (e) An employee in service on July 1, 1947, or who became a | ||||||
25 | contributor
after July 1, 1947 and prior to July 1, 1950, or | ||||||
26 | who shall become a
contributor to the fund after July 1, 1950 |
| |||||||
| |||||||
1 | prior to attainment of age 70,
who withdraws after age 65 with | ||||||
2 | less than 20 years of service, for whom the
annuity has been | ||||||
3 | fixed under the foregoing Sections of this Article shall,
in | ||||||
4 | lieu of the annuity so fixed, receive an annuity as follows:
| ||||||
5 | Such amount as he could have received had the accumulated | ||||||
6 | amounts for
annuity been improved with interest at the | ||||||
7 | effective rate to the date of
his withdrawal, or to attainment | ||||||
8 | of age 70, whichever is earlier, and had
the city contributed | ||||||
9 | to such earlier date for age and service annuity the
amount | ||||||
10 | that would have been contributed had he been under age 65, | ||||||
11 | after the
date his annuity was fixed in accordance with this | ||||||
12 | Article, and assuming
his annuity were computed from such | ||||||
13 | accumulations as of his age on such
earlier date. The annuity | ||||||
14 | so computed shall not exceed the annuity which
would be payable | ||||||
15 | under the other provisions of this Section if the employee
was | ||||||
16 | credited with 20 years of service and would qualify for annuity
| ||||||
17 | thereunder.
| ||||||
18 | (f) In lieu of the annuity provided in this or in any other | ||||||
19 | Section of
this Article, an employee having attained age 65 | ||||||
20 | with at least 15 years of
service who withdraws from service on | ||||||
21 | or after July 1, 1971 and whose
annuity computed under other | ||||||
22 | provisions of this Article is less than the
amount provided | ||||||
23 | under this paragraph shall be entitled to receive a minimum
| ||||||
24 | annual annuity for life equal to 1% of the highest average | ||||||
25 | annual salary
for any 4 consecutive years within the last 10 | ||||||
26 | years of service immediately
preceding retirement for each year |
| |||||||
| |||||||
1 | of his service plus the sum of $25 for
each year of service. | ||||||
2 | Such annual annuity shall not exceed the maximum
percentages | ||||||
3 | stated under paragraph (a) of this Section of such highest
| ||||||
4 | average annual salary.
| ||||||
5 | (f-1) Instead of any other retirement annuity provided in | ||||||
6 | this Article,
an employee who has at least 10 years of service | ||||||
7 | and withdraws from service
on or after January 1, 1999 may | ||||||
8 | elect to receive a retirement annuity for
life, beginning no | ||||||
9 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
10 | withdrawal is before January 1, 2002, or 2.4% for each year of
| ||||||
11 | service if
withdrawal is on or after January 1, 2002, of final
| ||||||
12 | average salary for
each
year of service, subject to a maximum | ||||||
13 | of 75% of final average salary
if withdrawal is before January | ||||||
14 | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. | ||||||
15 | For the purpose of calculating this
annuity, "final average
| ||||||
16 | salary" means the highest average annual salary for any 4 | ||||||
17 | consecutive years
in the last 10 years of service. | ||||||
18 | Nothwithstanding any provision of this subsection to the | ||||||
19 | contrary, the "final average salary" for a participant that | ||||||
20 | received credit under item (3) of subsection (c) of Section | ||||||
21 | 11-215 means the highest average salary for any 4 consecutive | ||||||
22 | years (or any 8 consecutive years if the employee first became | ||||||
23 | a participant on or after January 1, 2011) in the 10 years | ||||||
24 | immediately prior to the leave of absence, and adding to that | ||||||
25 | highest average salary, the product of (i) that highest average | ||||||
26 | salary, (ii) the average percentage increase in the Consumer |
| |||||||
| |||||||
1 | Price Index during each 12-month calendar year for the calendar | ||||||
2 | years during the participant's leave of absence, and (iii) the | ||||||
3 | length of the leave of absence in years, provided that this | ||||||
4 | shall not exceed the participant's salary at the local labor | ||||||
5 | organization. For purposes of this Section, the Consumer Price | ||||||
6 | Index is the Consumer Price Index for All Urban Consumers for | ||||||
7 | all items published by the United States Department of Labor.
| ||||||
8 | (g) Any annuity payable under the preceding subsections of | ||||||
9 | this Section
11-134 shall be paid in equal monthly | ||||||
10 | installments.
| ||||||
11 | (h) The amendatory provisions of part (a) and (f) of this | ||||||
12 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
13 | of every qualifying
employee withdrawing on or after July 1, | ||||||
14 | 1971.
| ||||||
15 | (h-1) The changes made to this Section by Public Act 92-609 | ||||||
16 | (increasing the retirement
formula to 2.4% per year of service | ||||||
17 | and increasing the maximum to 80%) apply
to persons who | ||||||
18 | withdraw from service on or after January 1, 2002, regardless
| ||||||
19 | of whether that withdrawal takes place before the effective | ||||||
20 | date of that Act. In the case of a person who withdraws from | ||||||
21 | service
on or after January 1, 2002 but begins to receive a | ||||||
22 | retirement annuity before
July 1, 2002, the annuity
shall be | ||||||
23 | recalculated, with the increase resulting from Public Act | ||||||
24 | 92-609
accruing from the date the retirement annuity
began. The | ||||||
25 | changes made by Public Act 92-609 control over the changes made
| ||||||
26 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
|
| |||||||
| |||||||
1 | (i) The amendatory provisions of this amendatory Act of | ||||||
2 | 1985 relating to
the discount of annuity because of retirement | ||||||
3 | prior to attainment of age 60
and increasing the retirement | ||||||
4 | formula for those born before January 1, 1936,
shall apply only | ||||||
5 | to qualifying employees withdrawing on or after
August 16, | ||||||
6 | 1985.
| ||||||
7 | (j) Beginning on January 1, 1999, the minimum amount of | ||||||
8 | employee's annuity
shall be $850 per month for life for the | ||||||
9 | following classes of employees,
without regard to the fact that | ||||||
10 | withdrawal occurred prior to the effective
date of this | ||||||
11 | amendatory Act of 1998:
| ||||||
12 | (1) any employee annuitant alive and receiving a life | ||||||
13 | annuity on the
effective date of this amendatory Act of | ||||||
14 | 1998, except a reciprocal
annuity;
| ||||||
15 | (2) any employee annuitant alive and receiving a term | ||||||
16 | annuity on the
effective date of this amendatory Act of | ||||||
17 | 1998, except a reciprocal
annuity;
| ||||||
18 | (3) any employee annuitant alive and receiving a | ||||||
19 | reciprocal annuity on
the effective date of this amendatory | ||||||
20 | Act of 1998, whose service
in this fund is at least 5 | ||||||
21 | years;
| ||||||
22 | (4) any employee annuitant withdrawing after age 60 on | ||||||
23 | or after the
effective date of this amendatory Act of 1998, | ||||||
24 | with at least 10
years of service in this fund.
| ||||||
25 | The increases granted under items (1), (2) and (3) of this | ||||||
26 | subsection (j)
shall not be limited by any other Section of |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
3 | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| ||||||
4 | Sec. 11-215. Computation of service.
| ||||||
5 | (a) In computing the term of service of an employee prior | ||||||
6 | to the effective
date, the entire period beginning on the date | ||||||
7 | he was first appointed and ending
on the day before the | ||||||
8 | effective date, except any intervening period during
which he | ||||||
9 | was separated by withdrawal from service, shall be counted for | ||||||
10 | all
purposes of this Article. Only the first year of each | ||||||
11 | period of lay-off or
leave of absence without pay, continuing | ||||||
12 | or extending for a period in excess
of one year, shall be | ||||||
13 | counted as such service.
| ||||||
14 | (b) For a person employed by an employer for whom this | ||||||
15 | Article was in effect
prior to August 1, 1949, from whose | ||||||
16 | salary deductions are first made under
this Article after July | ||||||
17 | 31, 1949, any period of service rendered prior to
the effective | ||||||
18 | date, unless he was in service on the day before the
effective | ||||||
19 | date, shall not be counted as service.
| ||||||
20 | (c) In computing the term of service of an employee | ||||||
21 | subsequent to the day
before the effective date, the following | ||||||
22 | periods of time shall be counted
as periods of service for | ||||||
23 | annuity purposes:
| ||||||
24 | (1) the time during which he performed the duties of | ||||||
25 | his position;
|
| |||||||
| |||||||
1 | (2) leaves of absence with whole or part pay, and | ||||||
2 | leaves of absence
without pay not longer than 90 days;
| ||||||
3 | (3) leaves of absence without pay that begin before the | ||||||
4 | effective date of this amendatory Act of the 97th General | ||||||
5 | Assembly and during which a participant is
employed | ||||||
6 | full-time by a local labor organization that represents | ||||||
7 | municipal
employees, provided that (A) the participant | ||||||
8 | continues to make employee
contributions to the Fund as | ||||||
9 | though he were an active employee, based
on the regular | ||||||
10 | salary rate received by the
participant for his municipal | ||||||
11 | employment immediately prior to such leave of
absence (and | ||||||
12 | in the case of such employment prior to December 9, 1987,
| ||||||
13 | pays to the Fund an amount equal to the employee | ||||||
14 | contributions for such
employment plus regular interest | ||||||
15 | thereon as calculated by the board), and
based on his | ||||||
16 | current salary with such labor organization after the
| ||||||
17 | effective date of this amendatory Act of 1991, (B) after | ||||||
18 | January 1, 1989
the participant, or the labor organization | ||||||
19 | on the participant's behalf,
makes contributions to the | ||||||
20 | Fund as though it were the employer, in the same
amount and | ||||||
21 | same manner as specified under this Article, based on the
| ||||||
22 | regular salary rate received by the participant for his | ||||||
23 | municipal
employment immediately prior to such leave of | ||||||
24 | absence, and
based on his current salary with such labor | ||||||
25 | organization after the
effective date of this amendatory | ||||||
26 | Act of 1991, and (C)
the participant does
not receive |
| |||||||
| |||||||
1 | credit in any pension plan established by the local labor
| ||||||
2 | organization based on his employment by the organization;
| ||||||
3 | (4) any period of disability for which he received (i) | ||||||
4 | a disability
benefit under this Article, or (ii) a | ||||||
5 | temporary total disability benefit
under the Workers' | ||||||
6 | Compensation Act if the disability results from a
condition | ||||||
7 | commonly termed heart attack or stroke or any other | ||||||
8 | condition
falling within the broad field of coronary | ||||||
9 | involvement or heart disease,
or (iii) whole or part pay.
| ||||||
10 | (d) For a person employed by an employer, or the retirement | ||||||
11 | board, in which
"The 1935 Act" was in effect prior to August 1, | ||||||
12 | 1949, from whose salary
deductions are first made under "The | ||||||
13 | 1935 Act" or this Article after July
31, 1949, any period of | ||||||
14 | service rendered subsequent to the effective date
and prior to | ||||||
15 | August 1, 1949, shall not be counted as a period of service
| ||||||
16 | under this Article, except such period for which he made | ||||||
17 | payment, as
provided in Section 11-221 of this Article, in | ||||||
18 | which case such period
shall be counted as a period of service | ||||||
19 | for all annuity purposes hereunder.
| ||||||
20 | (e) In computing the term of service of an employee | ||||||
21 | subsequent to the day
before the effective date for ordinary | ||||||
22 | disability benefit purposes, the
following periods of time | ||||||
23 | shall be counted as periods of service:
| ||||||
24 | (1) any period during which he performed the duties of | ||||||
25 | his position;
| ||||||
26 | (2) leaves of absence with whole or part pay;
|
| |||||||
| |||||||
1 | (3) any period of disability for which he received (i)
| ||||||
2 | a duty disability benefit under this Article, or (ii) a | ||||||
3 | temporary total
disability benefit under the Workers' | ||||||
4 | Compensation Act if the disability
results from a condition | ||||||
5 | commonly termed heart attack or stroke or any
other | ||||||
6 | condition falling within the broad field of coronary | ||||||
7 | involvement or
heart disease, or (iii) whole or part pay.
| ||||||
8 | However, any period of service rendered by an employee | ||||||
9 | contributor prior to
the date he became a contributor to the | ||||||
10 | fund shall not be counted as a
period of service for ordinary | ||||||
11 | disability purposes, unless the person
made payment for the | ||||||
12 | period as provided in Section 11-221 of this Article, in
which | ||||||
13 | case the period shall be counted as a period of service for | ||||||
14 | ordinary
disability purposes for periods of disability on or | ||||||
15 | after the effective date of
this amendatory Act of 1997.
| ||||||
16 | Overtime or extra service shall not be included in | ||||||
17 | computing any term of
service. Not more than 1 year of service | ||||||
18 | shall be allowed for service
rendered during any calendar year.
| ||||||
19 | For the purposes of this Section, the phrase "any pension | ||||||
20 | plan established by the local labor organization" means any | ||||||
21 | pension plan in which a participant may receive credit as a | ||||||
22 | result of his or her membership in the local labor | ||||||
23 | organization, including, but not limited to, the local labor | ||||||
24 | organization itself and its affiliates at the local, | ||||||
25 | intrastate, State, multi-state, national, or international | ||||||
26 | level. The definition of this phrase is a declaration of |
| |||||||
| |||||||
1 | existing law and shall not be construed as a new enactment. | ||||||
2 | (Source: P.A. 90-511, eff. 8-22-97.)
| ||||||
3 | (40 ILCS 5/11-217) (from Ch. 108 1/2, par. 11-217)
| ||||||
4 | Sec. 11-217. Basis of annual salary. For the purpose of | ||||||
5 | this Article,
the annual salary of an employee whose salary or | ||||||
6 | wage is
appropriated, fixed, or arranged in the annual | ||||||
7 | appropriation ordinance upon
other than an annual basis shall | ||||||
8 | be determined as follows:
| ||||||
9 | (a) If the employee is paid on a monthly basis, the annual | ||||||
10 | salary
is 12 times the monthly salary. If
the employee is paid | ||||||
11 | on a weekly basis, the annual salary is 52 times
the weekly | ||||||
12 | salary.
| ||||||
13 | "Monthly salary" means the amount of compensation or salary
| ||||||
14 | appropriated and payable for a normal and regular month's work | ||||||
15 | in the
employee's position in the service. "Weekly salary" | ||||||
16 | means
the amount of compensation or salary appropriated and | ||||||
17 | payable
for a normal and regular week's work in the employee's | ||||||
18 | position in the
service. If the work is on a regularly | ||||||
19 | scheduled part time basis, then "monthly salary" and "weekly | ||||||
20 | salary" refer,
respectively, to the part time monthly or weekly | ||||||
21 | salary.
| ||||||
22 | If the appropriation for the position is for a shorter | ||||||
23 | period than 12
months a year, or 52 weeks a year if on a weekly | ||||||
24 | basis, or the employee is
in a class, grade, or category in | ||||||
25 | which the employee normally works for fewer than 12
months or |
| |||||||
| |||||||
1 | 52 weeks a year, then the basis shall be adjusted
downward to | ||||||
2 | the extent that the appropriated or
customary work period is | ||||||
3 | less than the normal 12 months or 52
weeks of service in a | ||||||
4 | year.
| ||||||
5 | Compensation for overtime, at regular or overtime rates, | ||||||
6 | that is paid in
addition to the appropriated regular and normal | ||||||
7 | monthly or weekly salary
shall not be considered.
| ||||||
8 | (b) If the employee is paid on a daily basis, the annual | ||||||
9 | salary
is 260 times the daily wage. If the
employee is paid on | ||||||
10 | an hourly basis, the annual salary is 2080 times
the hourly | ||||||
11 | wage.
| ||||||
12 | The norm is based on a 12-month per year, 5-day work week | ||||||
13 | of 8 hours per
day and 40 hours per week, with consideration | ||||||
14 | given only to time
compensated for at the straight time rate of | ||||||
15 | compensation or wage. The
norm shall be increased (subject to a | ||||||
16 | maximum of 300 days or 2400 hours per
year) or decreased for an | ||||||
17 | employee
to the extent that the normal and established work | ||||||
18 | period, at the
straight time compensation or wage for the | ||||||
19 | position held in the
class, grade, or category in which the | ||||||
20 | employee is assigned, is
for a greater or lesser number of | ||||||
21 | months, weeks, days, or hours than
the period on which the | ||||||
22 | established norm is based.
| ||||||
23 | "Daily wage" and "hourly wage" mean,
respectively, the | ||||||
24 | normal, regular, or basic straight time rate of
compensation or | ||||||
25 | wage appropriated and payable for a normal and regular
day's | ||||||
26 | work, or hour's work, in the employee's position in the |
| |||||||
| |||||||
1 | service.
| ||||||
2 | Any time worked in excess of the norm (or the increased or | ||||||
3 | decreased
norm, whichever is applicable) that is compensated | ||||||
4 | for at overtime,
premium, or other than regular or basic | ||||||
5 | straight time rates shall not be
considered as time worked, and | ||||||
6 | the compensation for that work shall not
be considered as | ||||||
7 | salary or wage. Such time and compensation shall in
every case | ||||||
8 | and for all purposes be considered overtime and shall be
| ||||||
9 | excluded for all purposes under this Article. However, the
| ||||||
10 | straight time portion of compensation or wage, for time worked | ||||||
11 | on holidays
that fall within an employee's established norm, | ||||||
12 | shall be
included for all purposes under this Article.
| ||||||
13 | (c) For minimum annuity purposes under Section 11-134, | ||||||
14 | where a
salary rate change occurs during the year, it shall be | ||||||
15 | considered that the
annual salary for that year is (1) the | ||||||
16 | annual
equivalent of the monthly, weekly, daily, or hourly | ||||||
17 | salary or
wage rate that was applicable for the greater number | ||||||
18 | of months,
weeks, days, or hours (whichever is applicable) in
| ||||||
19 | the year under consideration, or (2) the annual equivalent
of | ||||||
20 | the average salary or wage rate in effect for the employee | ||||||
21 | during the
year, whichever is greater. The average salary or | ||||||
22 | wage rate shall be
calculated by multiplying each salary or | ||||||
23 | wage rate in effect for the
employee during the year by the | ||||||
24 | number of months, weeks, days, or hours
(whichever is | ||||||
25 | applicable) during which that rate was in effect, and
dividing | ||||||
26 | the sum of the resulting products by the total number of |
| |||||||
| |||||||
1 | months,
weeks, days, or hours (whichever is applicable) worked | ||||||
2 | by the employee
during the year.
| ||||||
3 | (d) The changes to subsection (c) made by this amendatory | ||||||
4 | Act of 1997
apply to persons withdrawing from service on or | ||||||
5 | after July 1, 1990 and for each
such person are intended to be | ||||||
6 | retroactive to the date upon which the affected
annuity began. | ||||||
7 | The Fund shall recompute the affected annuity and shall pay the
| ||||||
8 | additional amount due for the period before the increase | ||||||
9 | resulting from this
amendatory Act in a lump sum, without | ||||||
10 | interest.
| ||||||
11 | (e) This Article shall not be construed to authorize a | ||||||
12 | salary paid by an entity other than an employer, as defined in | ||||||
13 | Section 11-107, to be used to calculate the highest average | ||||||
14 | annual salary of a participant. This subsection (e) is a | ||||||
15 | declaration of existing law and shall not be construed as a new | ||||||
16 | enactment. | ||||||
17 | (Source: P.A. 90-31, eff. 6-27-97.)
| ||||||
18 | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| ||||||
19 | Sec. 15-107. Employee.
| ||||||
20 | (a) "Employee" means any member of the educational, | ||||||
21 | administrative,
secretarial, clerical, mechanical, labor or | ||||||
22 | other staff of an employer
whose employment is permanent and | ||||||
23 | continuous or who is employed in a
position in which services | ||||||
24 | are expected to be rendered on a continuous
basis for at least | ||||||
25 | 4 months or one academic term, whichever is less, who
(A) |
| |||||||
| |||||||
1 | receives payment for personal services on a warrant issued | ||||||
2 | pursuant to
a payroll voucher certified by an employer and | ||||||
3 | drawn by the State
Comptroller upon the State Treasurer or by | ||||||
4 | an employer upon trust, federal
or other funds, or (B) is on a | ||||||
5 | leave of absence without pay. Employment
which is irregular, | ||||||
6 | intermittent or temporary shall not be considered
continuous | ||||||
7 | for purposes of this paragraph.
| ||||||
8 | However, a person is not an "employee" if he or she:
| ||||||
9 | (1) is a student enrolled in and regularly attending | ||||||
10 | classes in a
college or university which is an employer, | ||||||
11 | and is employed on a temporary
basis at less than full | ||||||
12 | time;
| ||||||
13 | (2) is currently receiving a retirement annuity or a | ||||||
14 | disability
retirement annuity under Section 15-153.2 from | ||||||
15 | this System;
| ||||||
16 | (3) is on a military leave of absence;
| ||||||
17 | (4) is eligible to participate in the Federal Civil | ||||||
18 | Service Retirement
System and is currently making | ||||||
19 | contributions to that system based upon
earnings paid by an | ||||||
20 | employer;
| ||||||
21 | (5) is on leave of absence without pay for more than 60 | ||||||
22 | days
immediately following termination of disability | ||||||
23 | benefits under this
Article;
| ||||||
24 | (6) is hired after June 30, 1979 as a public service | ||||||
25 | employment program
participant under the Federal | ||||||
26 | Comprehensive Employment and Training Act
and receives |
| |||||||
| |||||||
1 | earnings in whole or in part from funds provided under that
| ||||||
2 | Act; or
| ||||||
3 | (7) is employed on or after July 1, 1991 to perform | ||||||
4 | services that
are excluded by subdivision (a)(7)(f) or | ||||||
5 | (a)(19) of Section 210 of the
federal Social Security Act | ||||||
6 | from the definition of employment given in that
Section (42 | ||||||
7 | U.S.C. 410).
| ||||||
8 | (b) Any employer may, by filing a written notice with the | ||||||
9 | board, exclude
from the definition of "employee" all persons | ||||||
10 | employed pursuant to a federally
funded contract entered into | ||||||
11 | after July 1, 1982 with a federal military
department in a | ||||||
12 | program providing training in military courses to federal
| ||||||
13 | military personnel on a military site owned by the United | ||||||
14 | States Government,
if this exclusion is not prohibited by the | ||||||
15 | federally funded contract or
federal laws or rules governing | ||||||
16 | the administration of the contract.
| ||||||
17 | (c) Any person appointed by the Governor under the Civil | ||||||
18 | Administrative
Code of the State is an employee, if he or she | ||||||
19 | is a participant in this
system on the effective date of the | ||||||
20 | appointment.
| ||||||
21 | (d) A participant on lay-off status under civil service | ||||||
22 | rules is
considered an employee for not more than 120 days from | ||||||
23 | the date of the lay-off.
| ||||||
24 | (e) A participant is considered an employee during (1) the | ||||||
25 | first 60 days
of disability leave, (2) the period, not to | ||||||
26 | exceed one year, in which his
or her eligibility for disability |
| |||||||
| |||||||
1 | benefits is being considered by the board
or reviewed by the | ||||||
2 | courts, and (3) the period he or she receives disability
| ||||||
3 | benefits under the provisions of Section 15-152, workers' | ||||||
4 | compensation or
occupational disease benefits, or disability | ||||||
5 | income under an insurance
contract financed wholly or partially | ||||||
6 | by the employer.
| ||||||
7 | (f) Absences without pay, other than formal leaves of | ||||||
8 | absence, of less
than 30 calendar days, are not considered as | ||||||
9 | an interruption of a person's
status as an employee. If such | ||||||
10 | absences during any period of 12 months
exceed 30 work days, | ||||||
11 | the employee status of the person is considered as
interrupted | ||||||
12 | as of the 31st work day.
| ||||||
13 | (g) A staff member whose employment contract requires | ||||||
14 | services during
an academic term is to be considered an | ||||||
15 | employee during the summer and
other vacation periods, unless | ||||||
16 | he or she declines an employment contract
for the succeeding | ||||||
17 | academic term or his or her employment status is
otherwise | ||||||
18 | terminated, and he or she receives no earnings during these | ||||||
19 | periods.
| ||||||
20 | (h) An individual who was a participating employee employed | ||||||
21 | in the fire
department of the University of Illinois's | ||||||
22 | Champaign-Urbana campus immediately
prior to the elimination | ||||||
23 | of that fire department and who immediately after the
| ||||||
24 | elimination of that fire department became employed by the fire | ||||||
25 | department of
the City of Urbana or the City of Champaign shall | ||||||
26 | continue to be considered as
an employee for purposes of this |
| |||||||
| |||||||
1 | Article for so long as the individual remains
employed as a | ||||||
2 | firefighter by the City of Urbana or the City of Champaign. The
| ||||||
3 | individual shall cease to be considered an employee under this | ||||||
4 | subsection (h)
upon the first termination of the individual's | ||||||
5 | employment as a firefighter by
the City of Urbana or the City | ||||||
6 | of Champaign.
| ||||||
7 | (i) An individual who is employed on a full-time basis as | ||||||
8 | an officer
or employee of a statewide teacher organization that | ||||||
9 | serves System
participants or an officer of a national teacher | ||||||
10 | organization that serves
System participants may participate | ||||||
11 | in the System and shall be deemed an
employee, provided that | ||||||
12 | (1) the individual has previously earned
creditable service | ||||||
13 | under this Article, (2) the individual files with the
System an | ||||||
14 | irrevocable election to become a participant before the | ||||||
15 | effective date of this amendatory Act of the 97th General | ||||||
16 | Assembly , and (3) the
individual does not receive credit for | ||||||
17 | that employment under any other Article
of this Code , and (4) | ||||||
18 | the individual first became a full-time employee of the teacher | ||||||
19 | organization and becomes a participant before the effective | ||||||
20 | date of this amendatory Act of the 97th General Assembly . An | ||||||
21 | employee under this subsection (i) is responsible for paying
to | ||||||
22 | the System both (A) employee contributions based on the actual | ||||||
23 | compensation
received for service with the teacher | ||||||
24 | organization and (B) employer
contributions equal to the normal | ||||||
25 | costs (as defined in Section 15-155)
resulting from that | ||||||
26 | service; all or any part of these contributions may be
paid on |
| |||||||
| |||||||
1 | the employee's behalf or picked up for tax purposes (if | ||||||
2 | authorized
under federal law) by the teacher organization.
| ||||||
3 | A person who is an employee as defined in this subsection | ||||||
4 | (i) may establish
service credit for similar employment prior | ||||||
5 | to becoming an employee under this
subsection by paying to the | ||||||
6 | System for that employment the contributions
specified in this | ||||||
7 | subsection, plus interest at the effective rate from the
date | ||||||
8 | of service to the date of payment. However, credit shall not be | ||||||
9 | granted
under this subsection for any such prior employment for | ||||||
10 | which the applicant
received credit under any other provision | ||||||
11 | of this Code, or during which
the applicant was on a leave of | ||||||
12 | absence under Section 15-113.2.
| ||||||
13 | (j) A person employed by the State Board of Higher | ||||||
14 | Education in a position with the Illinois Century Network as of | ||||||
15 | June 30, 2004 shall be considered to be an employee for so long | ||||||
16 | as he or she remains continuously employed after that date by | ||||||
17 | the Department of Central Management Services in a position | ||||||
18 | with the Illinois Century Network, the Bureau of Communication | ||||||
19 | and Computer Services, or, if applicable, any successor bureau
| ||||||
20 | and meets the requirements of subsection (a).
| ||||||
21 | (Source: P.A. 95-369, eff. 8-23-07.)
| ||||||
22 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
23 | Sec. 16-106. Teacher. "Teacher": The following | ||||||
24 | individuals, provided
that, for employment prior to July 1, | ||||||
25 | 1990, they are employed on a
full-time basis, or if not |
| |||||||
| |||||||
1 | full-time, on a permanent and continuous basis
in a position in | ||||||
2 | which services are expected to be rendered for at least
one | ||||||
3 | school term:
| ||||||
4 | (1) Any educational, administrative, professional or | ||||||
5 | other staff employed
in the public common schools included | ||||||
6 | within this system in a position
requiring certification | ||||||
7 | under the law governing the certification of
teachers;
| ||||||
8 | (2) Any educational, administrative, professional or | ||||||
9 | other staff employed
in any facility of the Department of | ||||||
10 | Children and Family Services or the
Department of Human | ||||||
11 | Services, in a position requiring certification under
the | ||||||
12 | law governing the certification of teachers, and any person | ||||||
13 | who (i)
works in such a position for the Department of | ||||||
14 | Corrections, (ii) was a member
of this System on May 31, | ||||||
15 | 1987, and (iii) did not elect to become a member of
the | ||||||
16 | State Employees' Retirement System pursuant to Section | ||||||
17 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
18 | include any person who (A) becomes
a security employee of | ||||||
19 | the Department of Human Services, as defined in
Section | ||||||
20 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
21 | Act
92-14), or (B) becomes a member of the State Employees'
| ||||||
22 | Retirement System pursuant to Section 14-108.2c of this | ||||||
23 | Code;
| ||||||
24 | (3) Any regional superintendent of schools, assistant | ||||||
25 | regional
superintendent of schools, State Superintendent | ||||||
26 | of Education; any person
employed by the State Board of |
| |||||||
| |||||||
1 | Education as an executive; any executive of
the boards | ||||||
2 | engaged in the service of public common school education in
| ||||||
3 | school districts covered under this system of which the | ||||||
4 | State
Superintendent of Education is an ex-officio member;
| ||||||
5 | (4) Any employee of a school board association | ||||||
6 | operating in compliance
with Article 23 of the School Code | ||||||
7 | who is certificated under the law
governing the | ||||||
8 | certification of teachers;
| ||||||
9 | (5) Any person employed by the retirement system
who:
| ||||||
10 | (i) was an employee of and a participant in the | ||||||
11 | system on August 17,
2001 (the effective date of Public | ||||||
12 | Act 92-416), or
| ||||||
13 | (ii) becomes an employee of the system on or after | ||||||
14 | August 17, 2001;
| ||||||
15 | (6) Any educational, administrative, professional or | ||||||
16 | other staff
employed by and under the supervision and | ||||||
17 | control of a regional
superintendent of schools, provided | ||||||
18 | such employment position requires the
person to be | ||||||
19 | certificated under the law governing the certification of
| ||||||
20 | teachers and is in an educational program serving 2 or more | ||||||
21 | districts in
accordance with a joint agreement authorized | ||||||
22 | by the School Code or by federal
legislation;
| ||||||
23 | (7) Any educational, administrative, professional or | ||||||
24 | other staff employed
in an educational program serving 2 or | ||||||
25 | more school districts in accordance
with a joint agreement | ||||||
26 | authorized by the School Code or by federal
legislation and |
| |||||||
| |||||||
1 | in a position requiring certification under the laws
| ||||||
2 | governing the certification of teachers;
| ||||||
3 | (8) Any officer or employee of a statewide teacher | ||||||
4 | organization or
officer of a national teacher organization | ||||||
5 | who is certified under the law
governing certification of | ||||||
6 | teachers, provided: (i) the individual had
previously | ||||||
7 | established creditable service under this Article, (ii) | ||||||
8 | the
individual files with the system an irrevocable | ||||||
9 | election to become a member before the effective date of | ||||||
10 | this amendatory Act of the 97th General Assembly ,
and (iii) | ||||||
11 | the individual does not receive credit for such service | ||||||
12 | under any
other Article of this Code , and (iv) the | ||||||
13 | individual first became an officer or employee of the | ||||||
14 | teacher organization and becomes a member before the | ||||||
15 | effective date of this amendatory Act of the 97th General | ||||||
16 | Assembly ;
| ||||||
17 | (9) Any educational, administrative, professional, or | ||||||
18 | other staff
employed in a charter school operating in | ||||||
19 | compliance with the Charter
Schools Law who is certificated | ||||||
20 | under the law governing the certification
of teachers.
| ||||||
21 | (10) Any person employed, on the effective date of this | ||||||
22 | amendatory Act of the 94th General Assembly, by the | ||||||
23 | Macon-Piatt Regional Office of Education in a | ||||||
24 | birth-through-age-three pilot program receiving funds | ||||||
25 | under Section 2-389 of the School Code who is required by | ||||||
26 | the Macon-Piatt Regional Office of Education to hold a |
| |||||||
| |||||||
1 | teaching certificate, provided that the Macon-Piatt | ||||||
2 | Regional Office of Education makes an election, within 6 | ||||||
3 | months after the effective date of this amendatory Act of | ||||||
4 | the 94th General Assembly, to have the person participate | ||||||
5 | in the system. Any service established prior to the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly for service as an employee of the Macon-Piatt | ||||||
8 | Regional Office of Education in a birth-through-age-three | ||||||
9 | pilot program receiving funds under Section 2-389 of the | ||||||
10 | School Code shall be considered service as a teacher if | ||||||
11 | employee and employer contributions have been received by | ||||||
12 | the system and the system has not refunded those | ||||||
13 | contributions.
| ||||||
14 | An annuitant receiving a retirement annuity under this | ||||||
15 | Article or under
Article 17 of this Code who is employed by a | ||||||
16 | board of education
or other employer as permitted under Section | ||||||
17 | 16-118
or 16-150.1 is not a "teacher" for purposes of this | ||||||
18 | Article. A person who
has received a single-sum retirement | ||||||
19 | benefit under Section 16-136.4 of this
Article is not a | ||||||
20 | "teacher" for purposes of this Article. | ||||||
21 | A person who is a teacher as described in item (8) of this | ||||||
22 | Section may establish service credit for similar employment | ||||||
23 | prior to becoming certified as a teacher if he or she (i) is | ||||||
24 | certified as a teacher on or before the effective date of this | ||||||
25 | amendatory Act of the 94th General Assembly, (ii) applies in | ||||||
26 | writing to the system within 6 months after the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of the 94th General Assembly, and (iii) | ||||||
2 | pays to the system contributions equal to the normal costs | ||||||
3 | calculated from the date of first full-time employment as | ||||||
4 | described in item (8) to the date of payment, compounded | ||||||
5 | annually at the rate of 8.5% per year for periods before the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly and for subsequent periods at a rate equal to the | ||||||
8 | System's actuarially assumed rate of return on investments. | ||||||
9 | However, credit shall not be granted under this paragraph for | ||||||
10 | any such prior employment for which the applicant received | ||||||
11 | credit under any other provision of this Code.
| ||||||
12 | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
| ||||||
13 | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| ||||||
14 | Sec. 17-134. Contributions for leaves of absence; military | ||||||
15 | service;
computing service. In computing service for pension | ||||||
16 | purposes the following
periods of service shall stand in lieu | ||||||
17 | of a like number of years of teaching
service upon payment | ||||||
18 | therefor in the manner hereinafter provided: (a) time
spent on | ||||||
19 | a leave of absence granted by the
employer;
(b) service with | ||||||
20 | teacher or labor organizations based upon special
leaves of | ||||||
21 | absence therefor granted by an Employer; (c) a maximum of 5 | ||||||
22 | years
spent in the military service of the United States, of | ||||||
23 | which up to 2 years
may have been served outside the pension | ||||||
24 | period; (d) unused sick days at
termination of service to a | ||||||
25 | maximum of 244 days; (e) time lost due
to layoff and |
| |||||||
| |||||||
1 | curtailment of the school term from June 6 through June 21, | ||||||
2 | 1976;
and (f) time spent after June 30, 1982 as a member of the | ||||||
3 | Board of Education,
if required to resign from an | ||||||
4 | administrative or teaching position in order to
qualify as a | ||||||
5 | member of the Board of Education.
| ||||||
6 | (1) For time spent on or after September 6, 1948 on | ||||||
7 | sabbatical
leaves of absence or sick leaves, for which | ||||||
8 | salaries are paid, an Employer
shall make payroll | ||||||
9 | deductions at the applicable rates in effect
during such | ||||||
10 | periods.
| ||||||
11 | (2) For time spent on a leave of absence granted by the | ||||||
12 | employer for which no salaries are paid,
teachers desiring | ||||||
13 | credit therefor shall pay the required contributions at the
| ||||||
14 | rates in effect during such periods as though they were in | ||||||
15 | teaching service.
If an Employer pays salary for vacations | ||||||
16 | which occur during a teacher's sick
leave or maternity or | ||||||
17 | paternity leave without salary, vacation pay for which
the | ||||||
18 | teacher would have qualified while in active service shall | ||||||
19 | be considered
part of the teacher's total salary for | ||||||
20 | pension purposes. No more than 36 months of leave credit | ||||||
21 | may be
allowed any person during the entire term of | ||||||
22 | service. Sabbatical leave credit
shall be limited to the | ||||||
23 | time the person on leave without salary under an
Employer's | ||||||
24 | rules is allowed to engage in an activity for which he | ||||||
25 | receives
salary or compensation.
| ||||||
26 | (3) For time spent prior to September 6, 1948, on |
| |||||||
| |||||||
1 | sabbatical
leaves of absence or sick leaves for which | ||||||
2 | salaries were paid, teachers
desiring service credit | ||||||
3 | therefor shall pay the required contributions at the
| ||||||
4 | maximum applicable rates in effect during such periods.
| ||||||
5 | (4) For service with teacher or labor organizations | ||||||
6 | authorized by special
leaves of absence, for which no | ||||||
7 | payroll deductions are made by an Employer,
teachers | ||||||
8 | desiring service credit therefor shall contribute to the | ||||||
9 | Fund upon
the basis of the actual salary received from such | ||||||
10 | organizations at the
percentage rates in effect during such | ||||||
11 | periods for certified positions with
such Employer. To the | ||||||
12 | extent the actual salary exceeds the regular salary,
which | ||||||
13 | shall be defined as the salary rate, as calculated by the | ||||||
14 | Board, in
effect for the teacher's regular position in | ||||||
15 | teaching service on September 1,
1983 or on the effective | ||||||
16 | date of the leave with the organization, whichever is
| ||||||
17 | later, the organization shall pay to the Fund the | ||||||
18 | employer's normal cost as set
by the Board on the | ||||||
19 | increment. Notwithstanding any other provision of this | ||||||
20 | subdivision (4), teachers are only eligible for credit for | ||||||
21 | service under this subdivision (4) if the special leave of | ||||||
22 | absence begins before the effective date of this amendatory | ||||||
23 | Act of the 97th General Assembly.
| ||||||
24 | (5) For time spent in the military service, teachers | ||||||
25 | entitled to and
desiring credit therefor shall contribute | ||||||
26 | the amount required for each year
of service or fraction |
| |||||||
| |||||||
1 | thereof at the rates in force (a) at the date of
| ||||||
2 | appointment, or (b) on return to teaching service as a | ||||||
3 | regularly certified
teacher, as the case may be; provided | ||||||
4 | such rates shall not be less than $450
per year of service. | ||||||
5 | These conditions shall apply unless an Employer elects
to | ||||||
6 | and does pay into the Fund the amount which would have been | ||||||
7 | due from such
person had he been employed as a teacher | ||||||
8 | during such time. In the case of
credit for military | ||||||
9 | service not during the pension period, the teacher must
| ||||||
10 | also pay to the Fund an amount determined by the Board to | ||||||
11 | be equal to the
employer's normal cost of the benefits | ||||||
12 | accrued from such service, plus interest
thereon at 5% per | ||||||
13 | year, compounded annually, from the date of appointment to
| ||||||
14 | the date of payment.
| ||||||
15 | The changes to this Section made by Public Act 87-795 | ||||||
16 | shall apply
not only to persons who on or after its | ||||||
17 | effective
date are in service under the Fund, but also to | ||||||
18 | persons whose status as a
teacher terminated prior to that | ||||||
19 | date, whether or not the person is an
annuitant on that | ||||||
20 | date. In the case of an annuitant who applies for credit
| ||||||
21 | allowable under this Section for a period of military | ||||||
22 | service that did not
immediately follow employment, and who | ||||||
23 | has made the required contributions for
such credit, the | ||||||
24 | annuity shall be recalculated to include the additional
| ||||||
25 | service credit, with the increase taking effect on the date | ||||||
26 | the Fund received
written notification of the annuitant's |
| |||||||
| |||||||
1 | intent to purchase the credit, if
payment of all the | ||||||
2 | required contributions is made within 60 days of such
| ||||||
3 | notice, or else on the first annuity payment date following | ||||||
4 | the date of
payment of the required contributions. In | ||||||
5 | calculating the automatic annual
increase for an annuity | ||||||
6 | that has been recalculated under this Section, the
increase | ||||||
7 | attributable to the additional service allowable under | ||||||
8 | this
amendatory Act of 1991 shall be included in the | ||||||
9 | calculation of automatic
annual increases accruing after | ||||||
10 | the effective date of the recalculation.
| ||||||
11 | The total credit for military service shall not exceed | ||||||
12 | 5 years, except
that any teacher who on July 1, 1963, had | ||||||
13 | validated credit for more than 5
years of military service | ||||||
14 | shall be entitled to the total amount of such credit.
| ||||||
15 | (6) A maximum of 244 unused sick days credited to his | ||||||
16 | account
by an Employer on the date of termination of | ||||||
17 | employment. Members, upon
verification of unused sick | ||||||
18 | days, may add this service time to total creditable
| ||||||
19 | service.
| ||||||
20 | (7) In all cases where time spent on leave is | ||||||
21 | creditable and
no payroll deductions therefor are made by | ||||||
22 | an Employer, persons
desiring service credit shall make the | ||||||
23 | required contributions directly to
the Fund.
| ||||||
24 | (8) For time lost without pay due to layoff and | ||||||
25 | curtailment of
the school term from June 6 through June 21, | ||||||
26 | 1976, as provided in item (e) of
the first paragraph of |
| |||||||
| |||||||
1 | this Section, persons who were contributors on
the days | ||||||
2 | immediately preceding such layoff shall receive credit | ||||||
3 | upon
paying to the Fund a contribution based on the rates | ||||||
4 | of compensation and
employee contributions in effect at the | ||||||
5 | time of such layoff, together
with an additional amount | ||||||
6 | equal to 12.2% of the compensation computed
for such period | ||||||
7 | of layoff, plus interest on the entire amount at 5% per
| ||||||
8 | annum from January 1, 1978 to the date of payment. If such | ||||||
9 | contribution
is paid, salary for pension purposes for any | ||||||
10 | year in which such a layoff
occurred shall include the | ||||||
11 | compensation recognized for purposes of
computing that | ||||||
12 | contribution.
| ||||||
13 | (9) For time spent after June 30, 1982, as a | ||||||
14 | nonsalaried member
of the Board of Education, if required | ||||||
15 | to resign from an administrative or
teaching position in | ||||||
16 | order to qualify as a member of the Board of
Education, an | ||||||
17 | administrator or teacher desiring credit therefor shall | ||||||
18 | pay
the required contributions at the rates and salaries in | ||||||
19 | effect during such
periods as though the member were in | ||||||
20 | service.
| ||||||
21 | Effective September 1, 1974, the interest charged for | ||||||
22 | validation of
service described in paragraphs (2) through (5) | ||||||
23 | of this Section shall be
compounded annually at a rate of 5% | ||||||
24 | commencing one
year after the termination of the leave or | ||||||
25 | return to service.
| ||||||
26 | (Source: P.A. 92-599, eff. 6-28-02 .)
|
| |||||||
| |||||||
1 | Section 97. Retroactive repeal. This amendatory Act of the | ||||||
2 | 97th General Assembly hereby repeals and declares void ab | ||||||
3 | initio the last paragraph of Section 16-106 of the Illinois | ||||||
4 | Pension Code as contained in Public Act 94-1111 as that | ||||||
5 | paragraph furnishes no vested rights because it violates | ||||||
6 | multiple provisions of the 1970 Illinois Constitution, | ||||||
7 | including, but not limited to, Article VIII, Section 1. Upon | ||||||
8 | receipt of an application within 6 months after the effective | ||||||
9 | date of this amendatory Act of the 97th General Assembly, the | ||||||
10 | System shall immediately refund any contributions made by or on | ||||||
11 | behalf of a person to receive service credit pursuant to the | ||||||
12 | text set forth in Public Act 94-1111, as well as any amount | ||||||
13 | determined by the Board to be equal to the investment earned by | ||||||
14 | the System on those contributions since their receipt. | ||||||
15 | Section 98. Severability. The provisions of this Act are | ||||||
16 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|