Rep. Tom Cross
Filed: 10/26/2011
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3813
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3813, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 5. The Illinois Pension Code is amended by | ||||||
6 | changing Sections 1-114, 1-135, 7-132, 8-226, 11-215, 17-134, | ||||||
7 | and 17-134.1 and by adding 3-110.12, 3-110.13, 3-110.14, | ||||||
8 | 4-108.7, 4-108.8, 4-108.9, 5-212.1, 5-212.2, 5-212.3, 6-209.2, | ||||||
9 | 6-209.3, 6-209.4, 8-117.1, 8-226.8, 11-116.1, 11-215.2, | ||||||
10 | 15-113.12, 15-113.13, 15-113.14, 16-110.1, 16-110.2, 16-110.3, | ||||||
11 | 17-109.3, and 17-134.2 as follows:
| ||||||
12 | (40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)
| ||||||
13 | Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any | ||||||
14 | person who is a fiduciary with respect to a retirement system | ||||||
15 | or
pension fund established under this Code who breaches any | ||||||
16 | duty
imposed upon fiduciaries by this Code , including, but not |
| |||||||
| |||||||
1 | limited to, a failure to report a reasonable suspicion of a | ||||||
2 | false statement specified in Section 1-135 of this Code, shall | ||||||
3 | be personally liable to make
good to such retirement system or | ||||||
4 | pension fund any losses to it resulting
from each such breach, | ||||||
5 | and to restore to such retirement system or pension
fund any | ||||||
6 | profits of such fiduciary which have been made through use of | ||||||
7 | assets
of the retirement system or pension fund by the | ||||||
8 | fiduciary, and shall be
subject to such equitable or remedial | ||||||
9 | relief as the court may deem appropriate,
including the removal | ||||||
10 | of such fiduciary.
| ||||||
11 | (b) No person shall be liable with respect to a breach of | ||||||
12 | fiduciary duty
under this Code if such breach occurred before | ||||||
13 | such person became a fiduciary
or after such person ceased to | ||||||
14 | be a fiduciary.
| ||||||
15 | (Source: P.A. 82-960.)
| ||||||
16 | (40 ILCS 5/1-135)
| ||||||
17 | Sec. 1-135. Fraud. Any person who knowingly makes any false | ||||||
18 | statement or falsifies or permits to be falsified any record of | ||||||
19 | a retirement system or pension fund created under this Code or | ||||||
20 | the Illinois State Board of Investment in an attempt to defraud | ||||||
21 | the retirement system or pension fund created under this Code | ||||||
22 | or the Illinois State Board of Investment is guilty of a Class | ||||||
23 | 3 felony. Any reasonable suspicion by any appointed or elected | ||||||
24 | commissioner, trustee, director, board member, or employee of a | ||||||
25 | retirement system or pension fund created under this Code or |
| |||||||
| |||||||
1 | the State Board of Investment of a false statement or falsified | ||||||
2 | record being submitted or permitted by a person under this Code | ||||||
3 | shall be immediately referred to the board of trustees of a | ||||||
4 | retirement system or pension fund created under this Code or | ||||||
5 | the State Board of Investment or the State's Attorney of the | ||||||
6 | jurisdiction where the alleged fraudulent activity occurred. | ||||||
7 | The board of trustees of a retirement system or pension fund | ||||||
8 | created under this Code or the State Board of Investment shall | ||||||
9 | immediately notify the State's Attorney of the jurisdiction | ||||||
10 | where any alleged fraudulent activity occurred for | ||||||
11 | investigation.
| ||||||
12 | (Source: P.A. 96-6, eff. 4-3-09.) | ||||||
13 | (40 ILCS 5/3-110.12 new) | ||||||
14 | Sec. 3-110.12. Leaves of absence. For any leave of absence | ||||||
15 | that is covered under subsection (c) of Section 3-110 and that | ||||||
16 | is granted after the effective date of this amendatory Act of | ||||||
17 | the 97th General Assembly, any pension credit earned in this | ||||||
18 | Article shall be based on the participant's salary immediately | ||||||
19 | before the leave of absence. The participant must contribute an | ||||||
20 | amount equal to the actuarially determined normal cost of the | ||||||
21 | benefit as calculated by the fund. The employer of the | ||||||
22 | participant may elect to contribute all or a portion of the | ||||||
23 | participant's required contribution. | ||||||
24 | (40 ILCS 5/3-110.13 new) |
| |||||||
| |||||||
1 | Sec. 3-110.13. Leave of absence benefit recalculation. | ||||||
2 | Every 3 years, beginning on or as soon as practical after the | ||||||
3 | effective date of this amendatory Act of the 97th General | ||||||
4 | Assembly, each fund shall determine if any benefit earned by a | ||||||
5 | participant who first earns credit on or after the effective | ||||||
6 | date of this Section as a result of subsection (c) of Section | ||||||
7 | 3-110 has created any additional unfunded liability to the | ||||||
8 | fund. If it is determined by the fund that additional unfunded | ||||||
9 | liability has been created, then the participant must remit the | ||||||
10 | total cost to the fund, as determined by the fund, within one | ||||||
11 | year. | ||||||
12 | (40 ILCS 5/3-110.14 new) | ||||||
13 | Sec. 3-110.14. Leaves of absence; computation of salary. | ||||||
14 | For any participant who, on or after the effective date of this | ||||||
15 | amendatory Act of the 97th General Assembly, takes a leave of | ||||||
16 | absence covered by subsection (c) of Section 3-110, his or her | ||||||
17 | average salary shall be based upon the regular salary rate | ||||||
18 | received by the participant for his or her municipal employment | ||||||
19 | immediately prior to that leave of absence. | ||||||
20 | (40 ILCS 5/4-108.7 new) | ||||||
21 | Sec. 4-108.7. Leaves of absence. For any leave of absence | ||||||
22 | that is covered under subdivision (c)(3) of Section 4-108 and | ||||||
23 | that is granted after the effective date of this amendatory Act | ||||||
24 | of the 97th General Assembly, any pension credit earned in this |
| |||||||
| |||||||
1 | Article shall be based on the participant's salary immediately | ||||||
2 | before the leave of absence. The participant must contribute an | ||||||
3 | amount equal to the actuarially determined normal cost of the | ||||||
4 | benefit as calculated by the fund. The employer of the | ||||||
5 | participant may elect to contribute all or a portion of the | ||||||
6 | participant's required contribution. | ||||||
7 | (40 ILCS 5/4-108.8 new) | ||||||
8 | Sec. 4-108.8. Leave of absence benefit recalculation. | ||||||
9 | Every 3 years, beginning on or as soon as practical after the | ||||||
10 | effective date of this amendatory Act of the 97th General | ||||||
11 | Assembly, each fund shall determine if any benefit earned by a | ||||||
12 | participant who first earns credit on or after the effective | ||||||
13 | date of this Section as a result of subdivision (c)(3) of | ||||||
14 | Section 4-108 has created any additional unfunded liability to | ||||||
15 | the fund. If it is determined by the fund that additional | ||||||
16 | unfunded liability has been created, then the participant must | ||||||
17 | remit the total cost to the fund, as determined by the fund, | ||||||
18 | within one year. | ||||||
19 | (40 ILCS 5/4-108.9 new) | ||||||
20 | Sec. 4-108.9. Leaves of absence; computation of salary. For | ||||||
21 | any participant who, on or after the effective date of this | ||||||
22 | amendatory Act of the 97th General Assembly, takes a leave of | ||||||
23 | absence covered by subdivision (c)(3) of Section 4-108, his or | ||||||
24 | her average salary shall be based upon the regular salary rate |
| |||||||
| |||||||
1 | received by the participant for his or her municipal employment | ||||||
2 | immediately prior to that leave of absence. | ||||||
3 | (40 ILCS 5/5-212.1 new) | ||||||
4 | Sec. 5-212.1. Pension credit earned for other service. Any | ||||||
5 | credit for other service that is covered under subdivision (b) | ||||||
6 | of Section 5-214 and that is granted after the effective date | ||||||
7 | of this amendatory Act of the 97th General Assembly shall be | ||||||
8 | based on the participant's salary immediately before engaging | ||||||
9 | in the type of employment specified in that provision. The | ||||||
10 | participant must contribute an amount equal to the actuarially | ||||||
11 | determined normal cost of the benefit as calculated by the | ||||||
12 | fund. The employer of the participant may elect to contribute | ||||||
13 | all or a portion of the participant's required contribution. | ||||||
14 | (40 ILCS 5/5-212.2 new) | ||||||
15 | Sec. 5-212.2. Credit for other service; recalculation. | ||||||
16 | Every 3 years, beginning on or as soon as practical after the | ||||||
17 | effective date of this amendatory Act of the 97th General | ||||||
18 | Assembly, the fund shall determine if any benefit earned by a | ||||||
19 | participant who first earns credit on or after the effective | ||||||
20 | date of this Section as a result of subdivision (b) of Section | ||||||
21 | 5-214 has created any additional unfunded liability to the | ||||||
22 | fund. If it is determined by the fund that additional unfunded | ||||||
23 | liability has been created, then the participant must remit the | ||||||
24 | total cost to the fund, as determined by the fund, within one |
| |||||||
| |||||||
1 | year. | ||||||
2 | (40 ILCS 5/5-212.3 new) | ||||||
3 | Sec. 5-212.3. Salary for credit earned for other service. | ||||||
4 | For any participant who, on or after the effective date of this | ||||||
5 | amendatory Act of the 97th General Assembly, earns credit under | ||||||
6 | subdivision (b) of Section 5-214, his or her average salary | ||||||
7 | shall be based upon the regular salary rate received by the | ||||||
8 | participant for his or her municipal employment immediately | ||||||
9 | prior to that engaging in the type of employment specified in | ||||||
10 | that provision. | ||||||
11 | (40 ILCS 5/6-209.2 new) | ||||||
12 | Sec. 6-209.2. Pension credit earned for other service. Any | ||||||
13 | credit earned under item (f) of the second paragraph of Section | ||||||
14 | 6-209 and that is granted after the effective date of this | ||||||
15 | amendatory Act of the 97th General Assembly shall be based on | ||||||
16 | the participant's salary immediately before engaging in the | ||||||
17 | type of employment specified in that provision. The participant | ||||||
18 | must contribute an amount equal to the actuarially determined | ||||||
19 | normal cost of the benefit as calculated by the fund. The | ||||||
20 | employer of the participant may elect to contribute all or a | ||||||
21 | portion of the participant's required contribution. | ||||||
22 | (40 ILCS 5/6-209.3 new) | ||||||
23 | Sec. 6-209.3. Credit for other service; recalculation. |
| |||||||
| |||||||
1 | Every 3 years, beginning on or as soon as practical after the | ||||||
2 | effective date of this amendatory Act of the 97th General | ||||||
3 | Assembly, the fund shall determine if any benefit earned by a | ||||||
4 | participant who first earns credit on or after the effective | ||||||
5 | date of this Section as a result of item (f) of the second | ||||||
6 | paragraph of Section 6-209 has created any additional unfunded | ||||||
7 | liability to the fund. If it is determined by the fund that | ||||||
8 | additional unfunded liability has been created, then the | ||||||
9 | participant must remit the total cost to the fund, as | ||||||
10 | determined by the fund, within one year. | ||||||
11 | (40 ILCS 5/6-209.4 new) | ||||||
12 | Sec. 6-209.4. Salary for credit earned for other service. | ||||||
13 | For any participant who, on or after the effective date of this | ||||||
14 | amendatory Act of the 97th General Assembly, has earned credit | ||||||
15 | under item (f) of the second paragraph of Section 6-209, his or | ||||||
16 | her average salary shall be based upon the regular salary rate | ||||||
17 | received by the participant for his or her municipal employment | ||||||
18 | immediately prior to that leave of absence.
| ||||||
19 | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
| ||||||
20 | Sec. 7-132. Municipalities, instrumentalities and | ||||||
21 | participating
instrumentalities included and effective dates.
| ||||||
22 | (A) Municipalities and their instrumentalities.
| ||||||
23 | (a) The following described municipalities, but not |
| |||||||
| |||||||
1 | including any with
more than 1,000,000 inhabitants, and the | ||||||
2 | instrumentalities thereof,
shall be included within and be | ||||||
3 | subject to this Article beginning upon the
effective dates | ||||||
4 | specified by the Board:
| ||||||
5 | (1) Except as to the municipalities and | ||||||
6 | instrumentalities thereof
specifically excluded under this | ||||||
7 | Article, every county shall be subject to
this Article, and | ||||||
8 | all cities, villages and incorporated towns having a
| ||||||
9 | population in excess of 5,000 inhabitants as determined by | ||||||
10 | the last
preceding decennial or subsequent federal census, | ||||||
11 | shall be subject to this
Article following publication of | ||||||
12 | the census by the Bureau of the Census.
Within 90 days | ||||||
13 | after publication of the census, the Board shall notify
any | ||||||
14 | municipality that has become subject to this Article as a | ||||||
15 | result of
that census, and shall provide information to the | ||||||
16 | corporate authorities of
the municipality explaining the | ||||||
17 | duties and consequences of participation.
The notification | ||||||
18 | shall also include a proposed date upon which
participation | ||||||
19 | by the municipality will commence.
| ||||||
20 | However, for any city, village or incorporated town | ||||||
21 | that attains a
population over 5,000 inhabitants after | ||||||
22 | having provided social security
coverage for its employees | ||||||
23 | under the Social Security Enabling Act,
participation | ||||||
24 | under this Article shall not be mandatory but may be | ||||||
25 | elected
in accordance with subparagraph (3) or (4) of this | ||||||
26 | paragraph (a), whichever
is applicable.
|
| |||||||
| |||||||
1 | (2) School districts, other than those specifically
| ||||||
2 | excluded under this Article, shall be subject to this | ||||||
3 | Article, without
election, with respect to all employees | ||||||
4 | thereof.
| ||||||
5 | (3) Towns and all other bodies politic and corporate | ||||||
6 | which
are formed by vote of, or are subject to control by, | ||||||
7 | the electors in towns
and are located in towns which are | ||||||
8 | not participating municipalities on the
effective date of | ||||||
9 | this Act, may become subject to this Article by
election | ||||||
10 | pursuant to Section 7-132.1.
| ||||||
11 | (4) Any other municipality (together with its | ||||||
12 | instrumentalities),
other than those specifically excluded | ||||||
13 | from participation and those
described in paragraph (3) | ||||||
14 | above, may elect to be included either by
referendum under | ||||||
15 | Section 7-134 or by the adoption of a resolution or
| ||||||
16 | ordinance by its governing body. A copy of such resolution | ||||||
17 | or ordinance
duly authenticated and certified by the clerk | ||||||
18 | of the municipality or other
appropriate official of its | ||||||
19 | governing body shall constitute the required
notice to the | ||||||
20 | board of such action.
| ||||||
21 | (b) A municipality that is about to begin participation | ||||||
22 | shall submit to
the Board an application to participate, in a | ||||||
23 | form acceptable to the Board,
not later than 90 days prior to | ||||||
24 | the proposed effective date of
participation. The Board shall | ||||||
25 | act upon the application within 90 days,
and if it finds that | ||||||
26 | the application is in conformity with its requirements
and the |
| |||||||
| |||||||
1 | requirements of this Article, participation by the applicant | ||||||
2 | shall
commence on a date acceptable to the municipality and | ||||||
3 | specified by the
Board, but in no event more than one year from | ||||||
4 | the date of application.
| ||||||
5 | (c) A participating municipality which succeeds to the | ||||||
6 | functions
of a participating municipality which is dissolved or | ||||||
7 | terminates its
existence shall assume and be transferred the | ||||||
8 | net accumulation balance
in the municipality reserve and the | ||||||
9 | municipality account receivable
balance of the terminated | ||||||
10 | municipality.
| ||||||
11 | (d) In the case of a Veterans Assistance Commission whose | ||||||
12 | employees
were being treated by the Fund on January 1, 1990 as | ||||||
13 | employees of the
county served by the Commission, the Fund may | ||||||
14 | continue to treat the
employees of the Veterans Assistance | ||||||
15 | Commission as county employees for
the purposes of this | ||||||
16 | Article, unless the Commission becomes a participating
| ||||||
17 | instrumentality in accordance with subsection (B) of this | ||||||
18 | Section.
| ||||||
19 | (B) Participating instrumentalities.
| ||||||
20 | (a) The participating instrumentalities designated in
| ||||||
21 | paragraph (b) of this subsection shall be included within
and | ||||||
22 | be subject to this Article if:
| ||||||
23 | (1) an application to participate, in a form acceptable | ||||||
24 | to
the Board and adopted by a two-thirds vote of the | ||||||
25 | governing body, is
presented to the Board not later than 90 |
| |||||||
| |||||||
1 | days prior to the proposed
effective date; and
| ||||||
2 | (2) the Board finds that the application is in
| ||||||
3 | conformity with its requirements, that the applicant has | ||||||
4 | reasonable
expectation to continue as a political entity | ||||||
5 | for a period of at least
10 years and has the prospective | ||||||
6 | financial capacity to meet its
current and future | ||||||
7 | obligations to the Fund, and that the actuarial
soundness | ||||||
8 | of the Fund may be reasonably expected to be unimpaired by
| ||||||
9 | approval of participation by the applicant.
| ||||||
10 | The Board shall notify the applicant of its findings within | ||||||
11 | 90 days
after receiving the application, and if the
Board | ||||||
12 | approves the application, participation by the applicant shall
| ||||||
13 | commence on the effective date specified by the Board.
| ||||||
14 | (b) The following participating instrumentalities, so long | ||||||
15 | as
they meet the requirements of Section 7-108 and the area | ||||||
16 | served by them
or within their jurisdiction is not located | ||||||
17 | entirely within a municipality
having more than one million | ||||||
18 | inhabitants, may be included hereunder:
| ||||||
19 | i. Township School District Trustees.
| ||||||
20 | ii. Multiple County and Consolidated Health | ||||||
21 | Departments created
under Division 5-25 of the Counties | ||||||
22 | Code or its predecessor law.
| ||||||
23 | iii. Public Building Commissions created under the | ||||||
24 | Public Building
Commission Act, and located in counties of | ||||||
25 | less
than 1,000,000 inhabitants.
| ||||||
26 | iv. A multitype, consolidated or cooperative
library |
| |||||||
| |||||||
1 | system created under the Illinois Library System Act. Any
| ||||||
2 | library system created under the Illinois Library System | ||||||
3 | Act that has one
or more predecessors that participated in | ||||||
4 | the Fund may participate in the
Fund upon application. The | ||||||
5 | Board shall establish procedures for
implementing the | ||||||
6 | transfer of rights and obligations from the predecessor
| ||||||
7 | system to the successor system.
| ||||||
8 | v. Regional Planning Commissions created under | ||||||
9 | Division 5-14 of the
Counties Code or its predecessor law.
| ||||||
10 | vi. Local Public Housing Authorities created under the | ||||||
11 | Housing
Authorities Act, located in counties of less than | ||||||
12 | 1,000,000 inhabitants.
| ||||||
13 | vii. Illinois Municipal League , for participants who | ||||||
14 | first become participants before the effective date of this | ||||||
15 | amendatory Act of the 97th General Assembly .
| ||||||
16 | viii. Northeastern Illinois Metropolitan Area Planning | ||||||
17 | Commission.
| ||||||
18 | ix. Southwestern Illinois Metropolitan Area Planning | ||||||
19 | Commission.
| ||||||
20 | x. Illinois Association of Park Districts.
| ||||||
21 | xi. Illinois Supervisors, County Commissioners and | ||||||
22 | Superintendents
of Highways Association.
| ||||||
23 | xii. Tri-City Regional Port District.
| ||||||
24 | xiii. An association, or not-for-profit corporation, | ||||||
25 | membership in
which is authorized under Section 85-15 of | ||||||
26 | the Township Code.
|
| |||||||
| |||||||
1 | xiv. Drainage Districts operating under the Illinois | ||||||
2 | Drainage
Code.
| ||||||
3 | xv. Local mass transit districts created under the | ||||||
4 | Local Mass
Transit District Act.
| ||||||
5 | xvi. Soil and water conservation districts created | ||||||
6 | under the Soil
and Water Conservation Districts Law.
| ||||||
7 | xvii. Commissions created to provide water supply or | ||||||
8 | sewer services
or both under Division 135 or Division 136 | ||||||
9 | of Article 11 of the Illinois
Municipal Code.
| ||||||
10 | xviii. Public water districts created under the Public | ||||||
11 | Water
District Act.
| ||||||
12 | xix. Veterans Assistance Commissions established under | ||||||
13 | Section
9 of the Military Veterans Assistance Act that
| ||||||
14 | serve counties with a population of less than 1,000,000.
| ||||||
15 | xx. The governing body of an entity, other than a | ||||||
16 | vocational education
cooperative, created under an | ||||||
17 | intergovernmental cooperative agreement
established | ||||||
18 | between participating municipalities under the
| ||||||
19 | Intergovernmental Cooperation Act, which by the terms of | ||||||
20 | the agreement is
the employer of the persons performing | ||||||
21 | services under the agreement under
the usual common law | ||||||
22 | rules determining the employer-employee relationship.
The | ||||||
23 | governing body of such an intergovernmental cooperative | ||||||
24 | entity
established prior to July 1, 1988 may make | ||||||
25 | participation retroactive to the
effective date of the | ||||||
26 | agreement and, if so, the effective date of
participation |
| |||||||
| |||||||
1 | shall be the date the required application is filed with | ||||||
2 | the
fund. If any such entity is unable to pay the required | ||||||
3 | employer
contributions to the fund, then the participating | ||||||
4 | municipalities shall make
payment of the required | ||||||
5 | contributions and the payments shall be allocated
as | ||||||
6 | provided in the agreement or, if not so provided, equally | ||||||
7 | among them.
| ||||||
8 | xxi. The Illinois Municipal Electric Agency.
| ||||||
9 | xxii. The Waukegan Port District.
| ||||||
10 | xxiii. The Fox Waterway Agency created under the Fox | ||||||
11 | Waterway Agency
Act.
| ||||||
12 | xxiv. The Illinois Municipal Gas Agency.
| ||||||
13 | xxv. The Kaskaskia Regional Port District.
| ||||||
14 | xxvi. The Southwestern Illinois Development Authority.
| ||||||
15 | xxvii. The Cairo Public Utility Company.
| ||||||
16 | xxviii. Except with respect to employees who elect to | ||||||
17 | participate in the State Employees' Retirement System of | ||||||
18 | Illinois under Section 14-104.13 of this Code, the Chicago | ||||||
19 | Metropolitan Agency for Planning created under the | ||||||
20 | Regional Planning Act, provided that, with respect to the | ||||||
21 | benefits payable pursuant to Sections 7-146, 7-150, and | ||||||
22 | 7-164 and the requirement that eligibility for such | ||||||
23 | benefits is conditional upon satisfying a minimum period of | ||||||
24 | service or a minimum contribution, any employee of the | ||||||
25 | Chicago Metropolitan Agency for Planning that was | ||||||
26 | immediately prior to such employment an employee of the |
| |||||||
| |||||||
1 | Chicago Area Transportation Study or the Northeastern | ||||||
2 | Illinois Planning Commission, such employee's service at | ||||||
3 | the Chicago Area Transportation Study or the Northeastern | ||||||
4 | Illinois Planning Commission and contributions to the | ||||||
5 | State Employees' Retirement System of Illinois established | ||||||
6 | under Article 14 and the Illinois Municipal Retirement Fund | ||||||
7 | shall count towards the satisfaction of such requirements.
| ||||||
8 | xxix. United Counties Council (formerly the Urban | ||||||
9 | Counties Council), but only if the Council has a ruling | ||||||
10 | from the United States Internal Revenue Service that it is | ||||||
11 | a governmental entity.
| ||||||
12 | xxx. The Will County Governmental League, but only if | ||||||
13 | the League has a ruling from the United States Internal | ||||||
14 | Revenue Service that it is a governmental entity and only | ||||||
15 | for participants who first become participants before the | ||||||
16 | effective date of this amendatory Act of the 97th General | ||||||
17 | Assembly . | ||||||
18 | (c) The governing boards of special education joint | ||||||
19 | agreements
created under Section 10-22.31 of the School Code | ||||||
20 | without designation of an
administrative district shall be | ||||||
21 | included within and be subject to this
Article as participating | ||||||
22 | instrumentalities when the joint agreement becomes
effective. | ||||||
23 | However, the governing board of any such special education
| ||||||
24 | joint agreement in effect before September 5, 1975 shall not be | ||||||
25 | subject to this
Article unless the joint agreement is modified | ||||||
26 | by the school districts to
provide that the governing board is |
| |||||||
| |||||||
1 | subject to this Article, except as
otherwise provided by this | ||||||
2 | Section.
| ||||||
3 | The governing board of the Special Education District of | ||||||
4 | Lake County shall
become subject to this Article as a | ||||||
5 | participating instrumentality on July 1,
1997. Notwithstanding | ||||||
6 | subdivision (a)1 of Section 7-139, on the effective date
of | ||||||
7 | participation, employees of the governing board of the Special | ||||||
8 | Education
District of Lake County shall receive creditable | ||||||
9 | service for their prior
service with that employer, up to a | ||||||
10 | maximum of 5 years, without any employee
contribution. | ||||||
11 | Employees may establish creditable service for the remainder
of | ||||||
12 | their prior service with that employer, if any, by applying in | ||||||
13 | writing and
paying an employee contribution in an amount | ||||||
14 | determined by the Fund, based on
the employee contribution | ||||||
15 | rates in effect at the time of application for the
creditable | ||||||
16 | service and the employee's salary rate on the effective date of
| ||||||
17 | participation for that employer, plus interest at the effective | ||||||
18 | rate from the
date of the prior service to the date of payment. | ||||||
19 | Application for this
creditable service must be made before | ||||||
20 | July 1, 1998; the payment may be made
at any time while the | ||||||
21 | employee is still in service. The employer may elect to
make | ||||||
22 | the required contribution on behalf of the employee.
| ||||||
23 | The governing board of a special education joint agreement | ||||||
24 | created
under Section 10-22.31 of the School Code for which an | ||||||
25 | administrative
district has been designated, if there are | ||||||
26 | employees of the cooperative
educational entity who are not |
| |||||||
| |||||||
1 | employees of the administrative district,
may elect to | ||||||
2 | participate in the Fund and be included within this Article as
| ||||||
3 | a participating instrumentality, subject to such application | ||||||
4 | procedures and
rules as the Board may prescribe.
| ||||||
5 | The Boards of Control of cooperative or joint educational | ||||||
6 | programs or
projects created and administered under Section | ||||||
7 | 3-15.14 of the School
Code, whether or not the Boards act as | ||||||
8 | their own administrative district,
shall be included within and | ||||||
9 | be subject to this Article as participating
instrumentalities | ||||||
10 | when the agreement establishing the cooperative or joint
| ||||||
11 | educational program or project becomes effective.
| ||||||
12 | The governing board of a special education joint agreement | ||||||
13 | entered into
after June 30, 1984 and prior to September 17, | ||||||
14 | 1985 which provides for
representation on the governing board | ||||||
15 | by less than all the participating
districts shall be included | ||||||
16 | within and subject to this Article as a
participating | ||||||
17 | instrumentality. Such participation shall be effective as of
| ||||||
18 | the date the joint agreement becomes effective.
| ||||||
19 | The governing boards of educational service centers | ||||||
20 | established under
Section 2-3.62 of the School Code shall be | ||||||
21 | included within and subject to
this Article as participating | ||||||
22 | instrumentalities. The governing boards of
vocational | ||||||
23 | education cooperative agreements created under the
| ||||||
24 | Intergovernmental Cooperation Act and approved by the State | ||||||
25 | Board of
Education shall be included within and be subject to | ||||||
26 | this
Article as participating instrumentalities. If any such |
| |||||||
| |||||||
1 | governing boards
or boards of control are unable to pay the | ||||||
2 | required employer contributions
to the fund, then the school | ||||||
3 | districts served by such boards shall make
payment of required | ||||||
4 | contributions as provided in Section 7-172. The
payments shall | ||||||
5 | be allocated among the several school districts in
proportion | ||||||
6 | to the number of students in average daily attendance for the
| ||||||
7 | last full school year for each district in relation to the | ||||||
8 | total number of
students in average attendance for such period | ||||||
9 | for all districts served.
If such educational service centers, | ||||||
10 | vocational education cooperatives or
cooperative or joint | ||||||
11 | educational programs or projects created and
administered | ||||||
12 | under Section 3-15.14 of the School Code are dissolved, the
| ||||||
13 | assets and obligations shall be distributed among the districts | ||||||
14 | in the
same proportions unless otherwise provided.
| ||||||
15 | The governing board of Paris Cooperative High School shall | ||||||
16 | be included within and be subject to this
Article as a | ||||||
17 | participating instrumentality on the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly. If the governing | ||||||
19 | board of Paris Cooperative High School is unable to pay the | ||||||
20 | required employer contributions
to the fund, then the school | ||||||
21 | districts served shall make
payment of required contributions | ||||||
22 | as provided in Section 7-172. The
payments shall be allocated | ||||||
23 | among the several school districts in
proportion to the number | ||||||
24 | of students in average daily attendance for the
last full | ||||||
25 | school year for each district in relation to the total number | ||||||
26 | of
students in average attendance for such period for all |
| |||||||
| |||||||
1 | districts served.
If Paris Cooperative High School is | ||||||
2 | dissolved, then the
assets and obligations shall be distributed | ||||||
3 | among the districts in the
same proportions unless otherwise | ||||||
4 | provided. | ||||||
5 | Financial Oversight Panels established under Article 1H of | ||||||
6 | the School Code shall be included within and be subject to this | ||||||
7 | Article as a participating instrumentality on the effective | ||||||
8 | date of this amendatory Act of the 97th General Assembly. If | ||||||
9 | the Financial Oversight Panel is unable to pay the required | ||||||
10 | employer contributions to the fund, then the school districts | ||||||
11 | served shall make payment of required contributions as provided | ||||||
12 | in Section 7-172. If the Financial Oversight Panel is | ||||||
13 | dissolved, then the assets and obligations shall be distributed | ||||||
14 | to the district served. | ||||||
15 | (d) The governing boards of special recreation joint | ||||||
16 | agreements
created under Section 8-10b of the Park District | ||||||
17 | Code, operating
without
designation of an administrative | ||||||
18 | district or an administrative
municipality appointed to | ||||||
19 | administer the program operating under the
authority of such | ||||||
20 | joint agreement shall be included within and be
subject to this | ||||||
21 | Article as participating instrumentalities when the
joint | ||||||
22 | agreement becomes effective. However, the governing board of | ||||||
23 | any
such special recreation joint agreement in effect before | ||||||
24 | January 1,
1980 shall not be subject to this Article unless the | ||||||
25 | joint agreement is
modified, by the districts and | ||||||
26 | municipalities which are parties to the
agreement, to provide |
| |||||||
| |||||||
1 | that the governing board is subject to this Article.
| ||||||
2 | If the Board returns any employer and employee | ||||||
3 | contributions to any
employer which erroneously submitted such | ||||||
4 | contributions on behalf of a
special recreation joint | ||||||
5 | agreement, the Board shall include interest
computed from the | ||||||
6 | end of each year to the date of payment, not compounded,
at the | ||||||
7 | rate of 7% per annum.
| ||||||
8 | (e) Each multi-township assessment district, the board of
| ||||||
9 | trustees of which has adopted this Article by ordinance prior | ||||||
10 | to April 1,
1982, shall be a participating instrumentality | ||||||
11 | included within and subject
to this Article effective December | ||||||
12 | 1, 1981. The contributions required
under Section 7-172 shall | ||||||
13 | be included in the budget prepared under and
allocated in | ||||||
14 | accordance with Section 2-30 of the Property Tax Code.
| ||||||
15 | (f) The Illinois Medical District Commission created under | ||||||
16 | the Illinois Medical District Act may be included within and | ||||||
17 | subject to
this Article as a participating instrumentality, | ||||||
18 | notwithstanding that the location of the District is entirely | ||||||
19 | within the City of Chicago. To become a participating | ||||||
20 | instrumentality, the Commission must apply to the Board in the | ||||||
21 | manner set forth in paragraph (a) of this subsection (B). If | ||||||
22 | the
Board approves the application, under the criteria and | ||||||
23 | procedures set forth in paragraph (a) and any other applicable | ||||||
24 | rules, criteria, and procedures of the Board, participation by | ||||||
25 | the Commission shall
commence on the effective date specified | ||||||
26 | by the Board.
|
| |||||||
| |||||||
1 | (C) Prospective participants. | ||||||
2 | Beginning January 1, 1992, each prospective participating
| ||||||
3 | municipality or participating instrumentality shall pay to the | ||||||
4 | Fund the
cost, as determined by the Board, of a study prepared | ||||||
5 | by the Fund or its
actuary, detailing the prospective costs of | ||||||
6 | participation in the Fund to be
expected by the municipality or | ||||||
7 | instrumentality.
| ||||||
8 | (Source: P.A. 96-211, eff. 8-10-09; 96-551, eff. 8-17-09; | ||||||
9 | 96-1000, eff. 7-2-10; 96-1046, eff. 7-14-10; 97-429, eff. | ||||||
10 | 8-16-11.)
| ||||||
11 | (40 ILCS 5/8-117.1 new) | ||||||
12 | Sec. 8-117.1. Leaves of absence; computation of salary. For | ||||||
13 | any participant who, on or after the effective date of this | ||||||
14 | amendatory Act of the 97th General Assembly, takes a leave of | ||||||
15 | absence under subdivision (c) of Section 8-226, his or her | ||||||
16 | highest average annual salary shall be based upon the regular | ||||||
17 | salary rate received by the participant for his or her | ||||||
18 | municipal employment immediately prior to that leave of | ||||||
19 | absence.
| ||||||
20 | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| ||||||
21 | Sec. 8-226. Computation of service.
In computing the term | ||||||
22 | of service of an employee prior to the effective
date, the | ||||||
23 | entire period beginning on the date he was first appointed and
|
| |||||||
| |||||||
1 | ending on the day before the effective date, except any | ||||||
2 | intervening period
during which he was separated by withdrawal | ||||||
3 | from service, shall be counted
for all purposes of this | ||||||
4 | Article, except that for any employee who was not
in service on | ||||||
5 | the day before the effective date, service rendered prior to
| ||||||
6 | such date shall not be considered for the purposes of Section | ||||||
7 | 8-138.
| ||||||
8 | For a person employed by an employer for whom this Article | ||||||
9 | was in effect
prior to January 1, 1950, from whose salary | ||||||
10 | deductions are first made under
this Article after December 31, | ||||||
11 | 1949, any period of service rendered prior
to the effective | ||||||
12 | date, unless he was in service on the day before the
effective | ||||||
13 | date, shall not be counted as service.
| ||||||
14 | The time a person was an employee of any territory annexed | ||||||
15 | to the city
prior to the effective date shall be counted as a | ||||||
16 | period of service.
| ||||||
17 | In computing the term of service of any employee subsequent | ||||||
18 | to the day
before the effective date, the following periods | ||||||
19 | shall be counted as
periods of service for age and service, | ||||||
20 | widow's and child's annuity
purposes:
| ||||||
21 | (a) The time during which he performed the duties of | ||||||
22 | his position;
| ||||||
23 | (b) Vacations, leaves of absence with whole or part | ||||||
24 | pay, and leaves of
absence without pay not longer than 90 | ||||||
25 | days;
| ||||||
26 | (c) Leaves of absence without pay during which a |
| |||||||
| |||||||
1 | participant is
employed full-time by a local labor | ||||||
2 | organization that represents municipal employees,
provided | ||||||
3 | that (1) the participant continues to make employee | ||||||
4 | contributions
to the Fund as though he were an active | ||||||
5 | employee, based on the regular
salary rate received by the | ||||||
6 | participant
for his municipal employment immediately prior | ||||||
7 | to such leave of absence
(and in the case of such | ||||||
8 | employment prior to December 9, 1987, pays
to the Fund an | ||||||
9 | amount equal
to the employee contributions for such | ||||||
10 | employment plus regular interest
thereon as calculated by | ||||||
11 | the board),
and based on his current salary with such labor | ||||||
12 | organization after the
effective date of this amendatory | ||||||
13 | Act of 1991 for leaves of absence before the effective date | ||||||
14 | of this amendatory Act of the 97th General Assembly ,
and, | ||||||
15 | for leaves of absence after the effective date of this | ||||||
16 | amendatory Act of the 97th General Assembly, based on the | ||||||
17 | regular salary rate received by the participant for
his | ||||||
18 | municipal employment immediately prior to such leave of | ||||||
19 | absence, (2) after January 1, 1989 the participant, or the | ||||||
20 | labor organization on the
participant's behalf, makes | ||||||
21 | contributions to the Fund as though it were the
employer, | ||||||
22 | in the same amount and same manner as specified under this
| ||||||
23 | Article, based on the regular salary rate received by the | ||||||
24 | participant for
his municipal employment immediately prior | ||||||
25 | to such leave of absence, and
based on his current salary | ||||||
26 | with such labor organization after the effective
date of |
| |||||||
| |||||||
1 | this amendatory Act of 1991 for leaves of absence before | ||||||
2 | the effective date of this amendatory Act of the 97th | ||||||
3 | General Assembly , and, for leaves of absence after the | ||||||
4 | effective date of this amendatory Act of the 97th General | ||||||
5 | Assembly, based on the regular salary rate received by the | ||||||
6 | participant for
his municipal employment immediately prior | ||||||
7 | to such leave of absence, and (3) the participant does not | ||||||
8 | receive
credit in any pension plan established by the local | ||||||
9 | labor organization based on
his employment by the | ||||||
10 | organization , including, but not limited to, pension plans | ||||||
11 | established by the local labor organization, the national | ||||||
12 | labor organization, or the international labor | ||||||
13 | organization ;
| ||||||
14 | (d) Any period of disability for which he received (i) | ||||||
15 | a disability
benefit under this Article, or (ii) a | ||||||
16 | temporary total disability benefit
under the Workers' | ||||||
17 | Compensation Act if the disability results from a
condition | ||||||
18 | commonly termed heart attack or stroke or any other | ||||||
19 | condition
falling within the broad field of coronary | ||||||
20 | involvement or heart disease,
or (iii) whole or part pay;
| ||||||
21 | (e) Any period for which contributions and service | ||||||
22 | credit have been
transferred to this Fund under subsection | ||||||
23 | (d) of Section 9-121.1 or
subsection (d) of Section | ||||||
24 | 12-127.1 of this Code.
| ||||||
25 | For a person employed by an employer in which the 1921 Act | ||||||
26 | was in effect
prior to January 1, 1950, from whose salary |
| |||||||
| |||||||
1 | deductions are first made under
the 1921 Act or this Article | ||||||
2 | after December 31, 1949, any period of service
rendered | ||||||
3 | subsequent to the effective date and prior to the date he | ||||||
4 | became
an employee and contributor, shall not be counted as a | ||||||
5 | period of service
under this Article,
except such period for | ||||||
6 | which he made payment as
provided in Section 8-230 of this | ||||||
7 | Article, in which case such period shall
be counted as a period | ||||||
8 | of service for all annuity purposes hereunder.
| ||||||
9 | In computing the term of service of an employee subsequent | ||||||
10 | to the day
before the effective date for ordinary disability | ||||||
11 | benefit purposes, all
periods described in the preceding | ||||||
12 | paragraph, except any such period for
which he receives | ||||||
13 | ordinary disability benefit, shall be counted as periods
of | ||||||
14 | service; provided, that for any person employed by an employer | ||||||
15 | in which
this Article was in effect prior to January 1, 1950, | ||||||
16 | from whose salary
deductions are first made under this Article | ||||||
17 | after December 31, 1949, any
period of service rendered | ||||||
18 | subsequent to the effective date and prior to
the date he | ||||||
19 | became an employee and contributor, shall not be counted as a
| ||||||
20 | period of service for ordinary disability benefit purposes, | ||||||
21 | unless the person
made payment for the period as provided in | ||||||
22 | Section 8-230 of this Article, in
which case the period shall | ||||||
23 | be counted as a period of service for ordinary
disability | ||||||
24 | purposes for periods of disability on or after the effective | ||||||
25 | date of
this amendatory Act of 1997.
| ||||||
26 | Overtime or extra service shall not be included in |
| |||||||
| |||||||
1 | computing any term of
service. Not more than 1 year of service | ||||||
2 | shall be allowed for service
rendered during any calendar year.
| ||||||
3 | (Source: P.A. 90-511, eff. 8-22-97.)
| ||||||
4 | (40 ILCS 5/8-226.8 new) | ||||||
5 | Sec. 8-226.8. Leave of absence benefit recalculation. | ||||||
6 | Every 3 years, beginning on or as soon as practical after the | ||||||
7 | effective date of this amendatory Act of the 97th General | ||||||
8 | Assembly, the fund shall determine if any benefit earned by a | ||||||
9 | participant who first earns credit on or after the effective | ||||||
10 | date of this Section as a result of subdivision (c) of Section | ||||||
11 | 8-226 has created any additional unfunded liability to the | ||||||
12 | fund. If it is determined by the fund that additional unfunded | ||||||
13 | liability has been created, then the participant must remit the | ||||||
14 | total cost to the fund, as determined by the fund, within one | ||||||
15 | year. | ||||||
16 | (40 ILCS 5/11-116.1 new) | ||||||
17 | Sec. 11-116.1. Leaves of absence; computation of salary. | ||||||
18 | For any participant who, on or after the effective date of this | ||||||
19 | amendatory Act of the 97th General Assembly, takes a leave of | ||||||
20 | absence under paragraph (3) of subsection (c) of Section | ||||||
21 | 11-215, his or her highest average annual salary shall be based | ||||||
22 | upon the regular salary rate received by the participant for | ||||||
23 | his or her municipal employment immediately prior to that leave | ||||||
24 | of absence.
|
| |||||||
| |||||||
1 | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| ||||||
2 | Sec. 11-215. Computation of service.
| ||||||
3 | (a) In computing the term of service of an employee prior | ||||||
4 | to the effective
date, the entire period beginning on the date | ||||||
5 | he was first appointed and ending
on the day before the | ||||||
6 | effective date, except any intervening period during
which he | ||||||
7 | was separated by withdrawal from service, shall be counted for | ||||||
8 | all
purposes of this Article. Only the first year of each | ||||||
9 | period of lay-off or
leave of absence without pay, continuing | ||||||
10 | or extending for a period in excess
of one year, shall be | ||||||
11 | counted as such service.
| ||||||
12 | (b) For a person employed by an employer for whom this | ||||||
13 | Article was in effect
prior to August 1, 1949, from whose | ||||||
14 | salary deductions are first made under
this Article after July | ||||||
15 | 31, 1949, any period of service rendered prior to
the effective | ||||||
16 | date, unless he was in service on the day before the
effective | ||||||
17 | date, shall not be counted as service.
| ||||||
18 | (c) In computing the term of service of an employee | ||||||
19 | subsequent to the day
before the effective date, the following | ||||||
20 | periods of time shall be counted
as periods of service for | ||||||
21 | annuity purposes:
| ||||||
22 | (1) the time during which he performed the duties of | ||||||
23 | his position;
| ||||||
24 | (2) leaves of absence with whole or part pay, and | ||||||
25 | leaves of absence
without pay not longer than 90 days;
|
| |||||||
| |||||||
1 | (3) leaves of absence without pay during which a | ||||||
2 | participant is
employed full-time by a local labor | ||||||
3 | organization that represents municipal
employees, provided | ||||||
4 | that (A) the participant continues to make employee
| ||||||
5 | contributions to the Fund as though he were an active | ||||||
6 | employee, based
on the regular salary rate received by the
| ||||||
7 | participant for his municipal employment immediately prior | ||||||
8 | to such leave of
absence (and in the case of such | ||||||
9 | employment prior to December 9, 1987,
pays to the Fund an | ||||||
10 | amount equal to the employee contributions for such
| ||||||
11 | employment plus regular interest thereon as calculated by | ||||||
12 | the board), and
based on his current salary with such labor | ||||||
13 | organization after the
effective date of this amendatory | ||||||
14 | Act of 1991 for leaves of absence before the effective date | ||||||
15 | of this amendatory Act of the 97th General Assembly , and, | ||||||
16 | for leaves of absence after the effective date of this | ||||||
17 | amendatory Act of the 97th General Assembly, based on the | ||||||
18 | regular salary rate received by the participant for
his | ||||||
19 | municipal employment immediately prior to such leave of | ||||||
20 | absence, (B) after January 1, 1989
the participant, or the | ||||||
21 | labor organization on the participant's behalf,
makes | ||||||
22 | contributions to the Fund as though it were the employer, | ||||||
23 | in the same
amount and same manner as specified under this | ||||||
24 | Article, based on the
regular salary rate received by the | ||||||
25 | participant for his municipal
employment immediately prior | ||||||
26 | to such leave of absence, and
based on his current salary |
| |||||||
| |||||||
1 | with such labor organization after the
effective date of | ||||||
2 | this amendatory Act of 1991 and for leaves of absence | ||||||
3 | before the effective date of this amendatory Act of the | ||||||
4 | 97th General Assembly , and, for leaves of absence after the | ||||||
5 | effective date of this amendatory Act of the 97th General | ||||||
6 | Assembly, based on the regular salary rate received by the | ||||||
7 | participant for
his municipal employment immediately prior | ||||||
8 | to such leave of absence, and (C)
the participant does
not | ||||||
9 | receive credit in any pension plan established by the local | ||||||
10 | labor
organization based on his employment by the | ||||||
11 | organization , including, but not limited to, pension plans | ||||||
12 | established by the local labor organization, the national | ||||||
13 | labor organization, or the international labor | ||||||
14 | organization ;
| ||||||
15 | (4) any period of disability for which he received (i) | ||||||
16 | a disability
benefit under this Article, or (ii) a | ||||||
17 | temporary total disability benefit
under the Workers' | ||||||
18 | Compensation Act if the disability results from a
condition | ||||||
19 | commonly termed heart attack or stroke or any other | ||||||
20 | condition
falling within the broad field of coronary | ||||||
21 | involvement or heart disease,
or (iii) whole or part pay.
| ||||||
22 | (d) For a person employed by an employer, or the retirement | ||||||
23 | board, in which
"The 1935 Act" was in effect prior to August 1, | ||||||
24 | 1949, from whose salary
deductions are first made under "The | ||||||
25 | 1935 Act" or this Article after July
31, 1949, any period of | ||||||
26 | service rendered subsequent to the effective date
and prior to |
| |||||||
| |||||||
1 | August 1, 1949, shall not be counted as a period of service
| ||||||
2 | under this Article, except such period for which he made | ||||||
3 | payment, as
provided in Section 11-221 of this Article, in | ||||||
4 | which case such period
shall be counted as a period of service | ||||||
5 | for all annuity purposes hereunder.
| ||||||
6 | (e) In computing the term of service of an employee | ||||||
7 | subsequent to the day
before the effective date for ordinary | ||||||
8 | disability benefit purposes, the
following periods of time | ||||||
9 | shall be counted as periods of service:
| ||||||
10 | (1) any period during which he performed the duties of | ||||||
11 | his position;
| ||||||
12 | (2) leaves of absence with whole or part pay;
| ||||||
13 | (3) any period of disability for which he received (i)
| ||||||
14 | a duty disability benefit under this Article, or (ii) a | ||||||
15 | temporary total
disability benefit under the Workers' | ||||||
16 | Compensation Act if the disability
results from a condition | ||||||
17 | commonly termed heart attack or stroke or any
other | ||||||
18 | condition falling within the broad field of coronary | ||||||
19 | involvement or
heart disease, or (iii) whole or part pay.
| ||||||
20 | However, any period of service rendered by an employee | ||||||
21 | contributor prior to
the date he became a contributor to the | ||||||
22 | fund shall not be counted as a
period of service for ordinary | ||||||
23 | disability purposes, unless the person
made payment for the | ||||||
24 | period as provided in Section 11-221 of this Article, in
which | ||||||
25 | case the period shall be counted as a period of service for | ||||||
26 | ordinary
disability purposes for periods of disability on or |
| |||||||
| |||||||
1 | after the effective date of
this amendatory Act of 1997.
| ||||||
2 | Overtime or extra service shall not be included in | ||||||
3 | computing any term of
service. Not more than 1 year of service | ||||||
4 | shall be allowed for service
rendered during any calendar year.
| ||||||
5 | (Source: P.A. 90-511, eff. 8-22-97.)
| ||||||
6 | (40 ILCS 5/11-215.2 new) | ||||||
7 | Sec. 11-215.2. Leave of absence benefit recalculation. | ||||||
8 | Every 3 years, beginning on or as soon as practical after the | ||||||
9 | effective date of this amendatory Act of the 97th General | ||||||
10 | Assembly, the fund shall determine if any benefit earned by a | ||||||
11 | participant who first earns credit on or after the effective | ||||||
12 | date of this Section as a result of subdivision (c)(3) of | ||||||
13 | Section 11-215 has created any additional unfunded liability to | ||||||
14 | the fund. If it is determined by the fund that additional | ||||||
15 | unfunded liability has been created, then the participant must | ||||||
16 | remit the total cost to the fund, as determined by the fund, | ||||||
17 | within one year. | ||||||
18 | (40 ILCS 5/15-113.12 new) | ||||||
19 | Sec. 15-113.12. Pension credit earned for employment with a | ||||||
20 | teacher organization. Any credit earned under subsection (i) of | ||||||
21 | Section 15-107 and that is granted after the effective date of | ||||||
22 | this amendatory Act of the 97th General Assembly shall be based | ||||||
23 | on the participant's salary immediately before engaging in the | ||||||
24 | type of employment specified in that provision. The participant |
| |||||||
| |||||||
1 | must contribute an amount equal to the actuarially determined | ||||||
2 | normal cost of the benefit as calculated by the System. The | ||||||
3 | employer of the participant may elect to contribute all or a | ||||||
4 | portion of the participant's required contribution. | ||||||
5 | (40 ILCS 5/15-113.13 new) | ||||||
6 | Sec. 15-113.13. Credit recalculation. Every 3 years, | ||||||
7 | beginning on or as soon as practical after the effective date | ||||||
8 | of this amendatory Act of the 97th General Assembly, the System | ||||||
9 | shall determine if any benefit earned by a participant who | ||||||
10 | first becomes a participant on or after the effective date of | ||||||
11 | this Section as a result of subsection (i) of Section 15-107 | ||||||
12 | has created any additional unfunded liability to the System. If | ||||||
13 | it is determined by the System that additional unfunded | ||||||
14 | liability has been created, then the participant must remit the | ||||||
15 | total cost to the System, as determined by the System, within | ||||||
16 | one year. | ||||||
17 | (40 ILCS 5/15-113.14 new) | ||||||
18 | Sec. 15-113.14. Salary for credit earned for service to a | ||||||
19 | teacher organization. For any participant who, on or after the | ||||||
20 | effective date of this amendatory Act of the 97th General | ||||||
21 | Assembly, earned credit under subsection (i) of Section 15-107, | ||||||
22 | his or her average salary shall be based upon the regular | ||||||
23 | salary rate received by the participant for his or her | ||||||
24 | employment immediately prior to engaging in the type of |
| |||||||
| |||||||
1 | employment specified in that provision. | ||||||
2 | (40 ILCS 5/16-110.1 new) | ||||||
3 | Sec. 16-110.1. Pension credit earned for employment with a | ||||||
4 | teacher organization or a school board association. Any credit | ||||||
5 | earned under item (4) or (8) of Section 16-106 and that is | ||||||
6 | granted after the effective date of this amendatory Act of the | ||||||
7 | 97th General Assembly shall be based on the participant's | ||||||
8 | salary immediately before engaging in the type of employment | ||||||
9 | specified in that provision. The participant must contribute an | ||||||
10 | amount equal to the actuarially determined normal cost of the | ||||||
11 | benefit as calculated by the System. The employer of the | ||||||
12 | participant may elect to contribute all or a portion of the | ||||||
13 | participant's required contribution. | ||||||
14 | (40 ILCS 5/16-110.2 new) | ||||||
15 | Sec. 16-110.2. Credit recalculation. Every 3 years, | ||||||
16 | beginning on or as soon as practical after the effective date | ||||||
17 | of this amendatory Act of the 97th General Assembly, the System | ||||||
18 | shall determine if any benefit earned by a participant who | ||||||
19 | first earns credit on or after the effective date of this | ||||||
20 | Section as a result of item (4) or (8) of Section 16-106 has | ||||||
21 | created any additional unfunded liability to the System. If it | ||||||
22 | is determined by the System that additional unfunded liability | ||||||
23 | has been created, then the participant must remit the total | ||||||
24 | cost to the System, as determined by the System, within one |
| |||||||
| |||||||
1 | year. | ||||||
2 | (40 ILCS 5/16-110.3 new) | ||||||
3 | Sec. 16-110.3. Leaves of absence; computation of salary. | ||||||
4 | For any participant who, on or after the effective date of this | ||||||
5 | amendatory Act of the 97th General Assembly, has earned credit | ||||||
6 | under item (4) or (8) of Section 16-106, his or her average | ||||||
7 | salary shall be based upon the regular salary rate received by | ||||||
8 | the participant for his or her employment immediately prior to | ||||||
9 | that leave of absence. | ||||||
10 | (40 ILCS 5/17-109.3 new) | ||||||
11 | Sec. 17-109.3. Salary for credit earned for employment with | ||||||
12 | a teacher organization or school board association. Any credit | ||||||
13 | earned, on or after the effective date of this amendatory Act | ||||||
14 | of the 97th General Assembly, under subdivision (4) of Section | ||||||
15 | 17-134 or subsection (b) of Section 17-134.1, shall be based | ||||||
16 | upon the regular salary rate received by the participant for | ||||||
17 | his or her employment immediately before engaging in the type | ||||||
18 | of employment specified in that provision.
| ||||||
19 | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| ||||||
20 | Sec. 17-134. Contributions for leaves of absence; military | ||||||
21 | service;
computing service. In computing service for pension | ||||||
22 | purposes the following
periods of service shall stand in lieu | ||||||
23 | of a like number of years of teaching
service upon payment |
| |||||||
| |||||||
1 | therefor in the manner hereinafter provided: (a) time
spent on | ||||||
2 | a leave of absence granted by the
employer;
(b) service with | ||||||
3 | teacher or labor organizations based upon special
leaves of | ||||||
4 | absence therefor granted by an Employer; (c) a maximum of 5 | ||||||
5 | years
spent in the military service of the United States, of | ||||||
6 | which up to 2 years
may have been served outside the pension | ||||||
7 | period; (d) unused sick days at
termination of service to a | ||||||
8 | maximum of 244 days; (e) time lost due
to layoff and | ||||||
9 | curtailment of the school term from June 6 through June 21, | ||||||
10 | 1976;
and (f) time spent after June 30, 1982 as a member of the | ||||||
11 | Board of Education,
if required to resign from an | ||||||
12 | administrative or teaching position in order to
qualify as a | ||||||
13 | member of the Board of Education.
| ||||||
14 | (1) For time spent on or after September 6, 1948 on | ||||||
15 | sabbatical
leaves of absence or sick leaves, for which | ||||||
16 | salaries are paid, an Employer
shall make payroll | ||||||
17 | deductions at the applicable rates in effect
during such | ||||||
18 | periods.
| ||||||
19 | (2) For time spent on a leave of absence granted by the | ||||||
20 | employer for which no salaries are paid,
teachers desiring | ||||||
21 | credit therefor shall pay the required contributions at the
| ||||||
22 | rates in effect during such periods as though they were in | ||||||
23 | teaching service.
If an Employer pays salary for vacations | ||||||
24 | which occur during a teacher's sick
leave or maternity or | ||||||
25 | paternity leave without salary, vacation pay for which
the | ||||||
26 | teacher would have qualified while in active service shall |
| |||||||
| |||||||
1 | be considered
part of the teacher's total salary for | ||||||
2 | pension purposes. No more than 36 months of leave credit | ||||||
3 | may be
allowed any person during the entire term of | ||||||
4 | service. Sabbatical leave credit
shall be limited to the | ||||||
5 | time the person on leave without salary under an
Employer's | ||||||
6 | rules is allowed to engage in an activity for which he | ||||||
7 | receives
salary or compensation.
| ||||||
8 | (3) For time spent prior to September 6, 1948, on | ||||||
9 | sabbatical
leaves of absence or sick leaves for which | ||||||
10 | salaries were paid, teachers
desiring service credit | ||||||
11 | therefor shall pay the required contributions at the
| ||||||
12 | maximum applicable rates in effect during such periods.
| ||||||
13 | (4) For service with teacher or labor organizations | ||||||
14 | authorized by special
leaves of absence, for which no | ||||||
15 | payroll deductions are made by an Employer,
teachers | ||||||
16 | desiring service credit therefor shall contribute to the | ||||||
17 | Fund upon
the basis of the actual salary received from such | ||||||
18 | organizations at the
percentage rates in effect during such | ||||||
19 | periods for certified positions with
such Employer. To the | ||||||
20 | extent the actual salary exceeds the regular salary,
which | ||||||
21 | shall be defined as the salary rate, as calculated by the | ||||||
22 | Board, in
effect for the teacher's regular position in | ||||||
23 | teaching service on September 1,
1983 or on the effective | ||||||
24 | date of the leave with the organization, whichever is
| ||||||
25 | later, the organization shall pay to the Fund the | ||||||
26 | employer's normal cost as set
by the Board on the |
| |||||||
| |||||||
1 | increment. For leaves of absence after the effective date | ||||||
2 | of this amendatory Act of the 97th General Assembly, | ||||||
3 | contributions to the Fund under this subdivision (4) shall | ||||||
4 | be based upon the teacher's regular salary as defined in | ||||||
5 | this subdivision (4).
| ||||||
6 | (5) For time spent in the military service, teachers | ||||||
7 | entitled to and
desiring credit therefor shall contribute | ||||||
8 | the amount required for each year
of service or fraction | ||||||
9 | thereof at the rates in force (a) at the date of
| ||||||
10 | appointment, or (b) on return to teaching service as a | ||||||
11 | regularly certified
teacher, as the case may be; provided | ||||||
12 | such rates shall not be less than $450
per year of service. | ||||||
13 | These conditions shall apply unless an Employer elects
to | ||||||
14 | and does pay into the Fund the amount which would have been | ||||||
15 | due from such
person had he been employed as a teacher | ||||||
16 | during such time. In the case of
credit for military | ||||||
17 | service not during the pension period, the teacher must
| ||||||
18 | also pay to the Fund an amount determined by the Board to | ||||||
19 | be equal to the
employer's normal cost of the benefits | ||||||
20 | accrued from such service, plus interest
thereon at 5% per | ||||||
21 | year, compounded annually, from the date of appointment to
| ||||||
22 | the date of payment.
| ||||||
23 | The changes to this Section made by Public Act 87-795 | ||||||
24 | shall apply
not only to persons who on or after its | ||||||
25 | effective
date are in service under the Fund, but also to | ||||||
26 | persons whose status as a
teacher terminated prior to that |
| |||||||
| |||||||
1 | date, whether or not the person is an
annuitant on that | ||||||
2 | date. In the case of an annuitant who applies for credit
| ||||||
3 | allowable under this Section for a period of military | ||||||
4 | service that did not
immediately follow employment, and who | ||||||
5 | has made the required contributions for
such credit, the | ||||||
6 | annuity shall be recalculated to include the additional
| ||||||
7 | service credit, with the increase taking effect on the date | ||||||
8 | the Fund received
written notification of the annuitant's | ||||||
9 | intent to purchase the credit, if
payment of all the | ||||||
10 | required contributions is made within 60 days of such
| ||||||
11 | notice, or else on the first annuity payment date following | ||||||
12 | the date of
payment of the required contributions. In | ||||||
13 | calculating the automatic annual
increase for an annuity | ||||||
14 | that has been recalculated under this Section, the
increase | ||||||
15 | attributable to the additional service allowable under | ||||||
16 | this
amendatory Act of 1991 shall be included in the | ||||||
17 | calculation of automatic
annual increases accruing after | ||||||
18 | the effective date of the recalculation.
| ||||||
19 | The total credit for military service shall not exceed | ||||||
20 | 5 years, except
that any teacher who on July 1, 1963, had | ||||||
21 | validated credit for more than 5
years of military service | ||||||
22 | shall be entitled to the total amount of such credit.
| ||||||
23 | (6) A maximum of 244 unused sick days credited to his | ||||||
24 | account
by an Employer on the date of termination of | ||||||
25 | employment. Members, upon
verification of unused sick | ||||||
26 | days, may add this service time to total creditable
|
| |||||||
| |||||||
1 | service.
| ||||||
2 | (7) In all cases where time spent on leave is | ||||||
3 | creditable and
no payroll deductions therefor are made by | ||||||
4 | an Employer, persons
desiring service credit shall make the | ||||||
5 | required contributions directly to
the Fund.
| ||||||
6 | (8) For time lost without pay due to layoff and | ||||||
7 | curtailment of
the school term from June 6 through June 21, | ||||||
8 | 1976, as provided in item (e) of
the first paragraph of | ||||||
9 | this Section, persons who were contributors on
the days | ||||||
10 | immediately preceding such layoff shall receive credit | ||||||
11 | upon
paying to the Fund a contribution based on the rates | ||||||
12 | of compensation and
employee contributions in effect at the | ||||||
13 | time of such layoff, together
with an additional amount | ||||||
14 | equal to 12.2% of the compensation computed
for such period | ||||||
15 | of layoff, plus interest on the entire amount at 5% per
| ||||||
16 | annum from January 1, 1978 to the date of payment. If such | ||||||
17 | contribution
is paid, salary for pension purposes for any | ||||||
18 | year in which such a layoff
occurred shall include the | ||||||
19 | compensation recognized for purposes of
computing that | ||||||
20 | contribution.
| ||||||
21 | (9) For time spent after June 30, 1982, as a | ||||||
22 | nonsalaried member
of the Board of Education, if required | ||||||
23 | to resign from an administrative or
teaching position in | ||||||
24 | order to qualify as a member of the Board of
Education, an | ||||||
25 | administrator or teacher desiring credit therefor shall | ||||||
26 | pay
the required contributions at the rates and salaries in |
| |||||||
| |||||||
1 | effect during such
periods as though the member were in | ||||||
2 | service.
| ||||||
3 | Effective September 1, 1974, the interest charged for | ||||||
4 | validation of
service described in paragraphs (2) through (5) | ||||||
5 | of this Section shall be
compounded annually at a rate of 5% | ||||||
6 | commencing one
year after the termination of the leave or | ||||||
7 | return to service.
| ||||||
8 | (Source: P.A. 92-599, eff. 6-28-02 .)
| ||||||
9 | (40 ILCS 5/17-134.1)
| ||||||
10 | Sec. 17-134.1. Labor organization employees.
| ||||||
11 | (a) A former teacher who is employed by a teacher or labor | ||||||
12 | organization and
is not eligible to participate under | ||||||
13 | subdivision (4) of Section 17-134 because
he or she is not on a | ||||||
14 | special leave of absence may elect to participate in the
Fund | ||||||
15 | for the duration of that employment by so notifying the Fund in | ||||||
16 | writing.
Participation shall be subject to the same conditions
| ||||||
17 | as are applicable to persons participating under that | ||||||
18 | subdivision (4), and
service credit shall be contingent upon | ||||||
19 | the required contributions being
received by the Fund.
| ||||||
20 | (b) A person who participates in the Fund under subsection | ||||||
21 | (a) may establish
service credit for periods of such employment | ||||||
22 | that took place before beginning
participation under this | ||||||
23 | Section by submitting a written application to the
Fund. Credit | ||||||
24 | shall be granted upon payment to the Fund
of an amount to be | ||||||
25 | determined by the Fund, equal to (i) the employee
contributions |
| |||||||
| |||||||
1 | that would have been paid if the person had participated under
| ||||||
2 | subdivision (4) of Section 17-134 during the period for which | ||||||
3 | service credit is
to be established, based on the actual salary | ||||||
4 | received, plus (ii) the
employer's normal cost associated with | ||||||
5 | that service credit, plus (iii) interest
on items (i) and (ii) | ||||||
6 | at the rate of 6% per year, compounded annually, from the
date | ||||||
7 | of the service established to the date of payment. Service | ||||||
8 | credit under
this subsection shall not be granted until the | ||||||
9 | required contribution has been
paid in full; the contribution | ||||||
10 | may be paid at any time before retirement. For leaves of | ||||||
11 | absence after the effective date of this amendatory Act of the | ||||||
12 | 97th General Assembly, contributions to the Fund under item (i) | ||||||
13 | of this subsection (b) shall be based upon the teacher's | ||||||
14 | regular salary as defined in subdivision (4) of Section 17-134.
| ||||||
15 | (c) A person who participates in the Fund under subsection | ||||||
16 | (a) may
reestablish any service credits previously forfeited by | ||||||
17 | acceptance of a refund
by paying to the Fund the amount of the | ||||||
18 | refund plus interest thereon at the
rate of 5% per annum, | ||||||
19 | compounded annually, from the date of the refund to the
date of | ||||||
20 | payment.
| ||||||
21 | (d) Rollover contributions from other retirement plans | ||||||
22 | qualified under the
Internal Revenue Code of 1986 may be used | ||||||
23 | to make the payments required under
subsections (b) and (c).
| ||||||
24 | (e) No service credit may be established under this Section | ||||||
25 | for any period
of employment for which the person receives | ||||||
26 | service credit under any other
provision of this Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-448, eff. 8-16-97.)
| ||||||
2 | (40 ILCS 5/17-134.2 new) | ||||||
3 | Sec. 17-134.2. Credit recalculation. Every 3 years, | ||||||
4 | beginning on or as soon as practical after the effective date | ||||||
5 | of this amendatory Act of the 97th General Assembly, the Fund | ||||||
6 | shall determine if any benefit earned by a participant who | ||||||
7 | first earns credit on or after the effective date of this | ||||||
8 | Section as a result of item (4) of Section 17-134 and Section | ||||||
9 | 17-134.1 has created any additional unfunded liability to the | ||||||
10 | Fund. If it is determined by the Fund that additional unfunded | ||||||
11 | liability has been created, then the participant must remit the | ||||||
12 | total cost to the Fund, as determined by the Fund, within one | ||||||
13 | year.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|