HB3815 EngrossedLRB097 13164 JDS 57670 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 3-110, 4-108, 5-214, 6-209, 8-226, 11-215, 15-107,
616-106, and 17-134 as follows:
 
7    (40 ILCS 5/3-110)  (from Ch. 108 1/2, par. 3-110)
8    Sec. 3-110. Creditable service.
9    (a) "Creditable service" is the time served by a police
10officer as a member of a regularly constituted police force of
11a municipality. In computing creditable service furloughs
12without pay exceeding 30 days shall not be counted, but all
13leaves of absence for illness or accident, regardless of
14length, and all periods of disability retirement for which a
15police officer has received no disability pension payments
16under this Article shall be counted.
17    (a-5) Up to 3 years of time during which the police officer
18receives a disability pension under Section 3-114.1, 3-114.2,
193-114.3, or 3-114.6 shall be counted as creditable service,
20provided that (i) the police officer returns to active service
21after the disability for a period at least equal to the period
22for which credit is to be established and (ii) the police
23officer makes contributions to the fund based on the rates

 

 

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1specified in Section 3-125.1 and the salary upon which the
2disability pension is based. These contributions may be paid at
3any time prior to the commencement of a retirement pension. The
4police officer may, but need not, elect to have the
5contributions deducted from the disability pension or to pay
6them in installments on a schedule approved by the board. If
7not deducted from the disability pension, the contributions
8shall include interest at the rate of 6% per year, compounded
9annually, from the date for which service credit is being
10established to the date of payment. If contributions are paid
11under this subsection (a-5) in excess of those needed to
12establish the credit, the excess shall be refunded. This
13subsection (a-5) applies to persons receiving a disability
14pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on
15the effective date of this amendatory Act of the 91st General
16Assembly, as well as persons who begin to receive such a
17disability pension after that date.
18    (b) Creditable service includes all periods of service in
19the military, naval or air forces of the United States entered
20upon while an active police officer of a municipality, provided
21that upon applying for a permanent pension, and in accordance
22with the rules of the board, the police officer pays into the
23fund the amount the officer would have contributed if he or she
24had been a regular contributor during such period, to the
25extent that the municipality which the police officer served
26has not made such contributions in the officer's behalf. The

 

 

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1total amount of such creditable service shall not exceed 5
2years, except that any police officer who on July 1, 1973 had
3more than 5 years of such creditable service shall receive the
4total amount thereof.
5    (b-5) Creditable service includes all periods of service in
6the military, naval, or air forces of the United States entered
7upon before beginning service as an active police officer of a
8municipality, provided that, in accordance with the rules of
9the board, the police officer pays into the fund the amount the
10police officer would have contributed if he or she had been a
11regular contributor during such period, plus an amount
12determined by the Board to be equal to the municipality's
13normal cost of the benefit, plus interest at the actuarially
14assumed rate calculated from the date the employee last became
15a police officer under this Article. The total amount of such
16creditable service shall not exceed 2 years.
17    (c) Creditable service also includes service rendered by a
18police officer while on leave of absence from a police
19department to serve as an executive of an organization whose
20membership consists of members of a police department, subject
21to the following conditions: (i) the police officer is a
22participant of a fund established under this Article with at
23least 10 years of service as a police officer; (ii) the police
24officer received no credit for such service under any other
25retirement system, pension fund, or annuity and benefit fund
26included in this Code; (iii) pursuant to the rules of the board

 

 

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1the police officer pays to the fund the amount he or she would
2have contributed had the officer been an active member of the
3police department; and (iv) the organization pays a
4contribution equal to the municipality's normal cost for that
5period of service; and (v) the police officer first became an
6active member of a pension fund established under this Article
7before the effective date of this amendatory Act of the 97th
8General Assembly.
9        (d)(1) Creditable service also includes periods of
10    service originally established in another police pension
11    fund under this Article or in the Fund established under
12    Article 7 of this Code for which (i) the contributions have
13    been transferred under Section 3-110.7 or Section 7-139.9
14    and (ii) any additional contribution required under
15    paragraph (2) of this subsection has been paid in full in
16    accordance with the requirements of this subsection (d).
17        (2) If the board of the pension fund to which
18    creditable service and related contributions are
19    transferred under Section 7-139.9 determines that the
20    amount transferred is less than the true cost to the
21    pension fund of allowing that creditable service to be
22    established, then in order to establish that creditable
23    service the police officer must pay to the pension fund,
24    within the payment period specified in paragraph (3) of
25    this subsection, an additional contribution equal to the
26    difference, as determined by the board in accordance with

 

 

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1    the rules and procedures adopted under paragraph (6) of
2    this subsection. If the board of the pension fund to which
3    creditable service and related contributions are
4    transferred under Section 3-110.7 determines that the
5    amount transferred is less than the true cost to the
6    pension fund of allowing that creditable service to be
7    established, then the police officer may elect (A) to
8    establish that creditable service by paying to the pension
9    fund, within the payment period specified in paragraph (3)
10    of this subsection (d), an additional contribution equal to
11    the difference, as determined by the board in accordance
12    with the rules and procedures adopted under paragraph (6)
13    of this subsection (d) or (B) to have his or her creditable
14    service reduced by an amount equal to the difference
15    between the amount transferred under Section 3-110.7 and
16    the true cost to the pension fund of allowing that
17    creditable service to be established, as determined by the
18    board in accordance with the rules and procedures adopted
19    under paragraph (6) of this subsection (d).
20        (3) Except as provided in paragraph (4), the additional
21    contribution that is required or elected under paragraph
22    (2) of this subsection (d) must be paid to the board (i)
23    within 5 years from the date of the transfer of
24    contributions under Section 3-110.7 or 7-139.9 and (ii)
25    before the police officer terminates service with the fund.
26    The additional contribution may be paid in a lump sum or in

 

 

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1    accordance with a schedule of installment payments
2    authorized by the board.
3        (4) If the police officer dies in service before
4    payment in full has been made and before the expiration of
5    the 5-year payment period, the surviving spouse of the
6    officer may elect to pay the unpaid amount on the officer's
7    behalf within 6 months after the date of death, in which
8    case the creditable service shall be granted as though the
9    deceased police officer had paid the remaining balance on
10    the day before the date of death.
11        (5) If the additional contribution that is required or
12    elected under paragraph (2) of this subsection (d) is not
13    paid in full within the required time, the creditable
14    service shall not be granted and the police officer (or the
15    officer's surviving spouse or estate) shall be entitled to
16    receive a refund of (i) any partial payment of the
17    additional contribution that has been made by the police
18    officer and (ii) those portions of the amounts transferred
19    under subdivision (a)(1) of Section 3-110.7 or
20    subdivisions (a)(1) and (a)(3) of Section 7-139.9 that
21    represent employee contributions paid by the police
22    officer (but not the accumulated interest on those
23    contributions) and interest paid by the police officer to
24    the prior pension fund in order to reinstate service
25    terminated by acceptance of a refund.
26        At the time of paying a refund under this item (5), the

 

 

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1    pension fund shall also repay to the pension fund from
2    which the contributions were transferred under Section
3    3-110.7 or 7-139.9 the amount originally transferred under
4    subdivision (a)(2) of that Section, plus interest at the
5    rate of 6% per year, compounded annually, from the date of
6    the original transfer to the date of repayment. Amounts
7    repaid to the Article 7 fund under this provision shall be
8    credited to the appropriate municipality.
9        Transferred credit that is not granted due to failure
10    to pay the additional contribution within the required time
11    is lost; it may not be transferred to another pension fund
12    and may not be reinstated in the pension fund from which it
13    was transferred.
14        (6) The Public Employee Pension Fund Division of the
15    Department of Insurance shall establish by rule the manner
16    of making the calculation required under paragraph (2) of
17    this subsection, taking into account the appropriate
18    actuarial assumptions; the police officer's service, age,
19    and salary history; the level of funding of the pension
20    fund to which the credits are being transferred; and any
21    other factors that the Division determines to be relevant.
22    The rules may require that all calculations made under
23    paragraph (2) be reported to the Division by the board
24    performing the calculation, together with documentation of
25    the creditable service to be transferred, the amounts of
26    contributions and interest to be transferred, the manner in

 

 

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1    which the calculation was performed, the numbers relied
2    upon in making the calculation, the results of the
3    calculation, and any other information the Division may
4    deem useful.
5        (e)(1) Creditable service also includes periods of
6    service originally established in the Fund established
7    under Article 7 of this Code for which the contributions
8    have been transferred under Section 7-139.11.
9        (2) If the board of the pension fund to which
10    creditable service and related contributions are
11    transferred under Section 7-139.11 determines that the
12    amount transferred is less than the true cost to the
13    pension fund of allowing that creditable service to be
14    established, then the amount of creditable service the
15    police officer may establish under this subsection (e)
16    shall be reduced by an amount equal to the difference, as
17    determined by the board in accordance with the rules and
18    procedures adopted under paragraph (3) of this subsection.
19        (3) The Public Pension Division of the Department of
20    Financial and Professional Regulation shall establish by
21    rule the manner of making the calculation required under
22    paragraph (2) of this subsection, taking into account the
23    appropriate actuarial assumptions; the police officer's
24    service, age, and salary history; the level of funding of
25    the pension fund to which the credits are being
26    transferred; and any other factors that the Division

 

 

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1    determines to be relevant. The rules may require that all
2    calculations made under paragraph (2) be reported to the
3    Division by the board performing the calculation, together
4    with documentation of the creditable service to be
5    transferred, the amounts of contributions and interest to
6    be transferred, the manner in which the calculation was
7    performed, the numbers relied upon in making the
8    calculation, the results of the calculation, and any other
9    information the Division may deem useful.
10        (4) Until January 1, 2010, a police officer who
11    transferred service from the Fund established under
12    Article 7 of this Code under the provisions of Public Act
13    94-356 may establish additional credit, but only for the
14    amount of the service credit reduction in that transfer, as
15    calculated under paragraph (3) of this subsection (e). This
16    credit may be established upon payment by the police
17    officer of an amount to be determined by the board, equal
18    to (1) the amount that would have been contributed as
19    employee and employer contributions had all of the service
20    been as an employee under this Article, plus interest
21    thereon at the rate of 6% per year, compounded annually
22    from the date of service to the date of transfer, less (2)
23    the total amount transferred from the Article 7 Fund, plus
24    (3) interest on the difference at the rate of 6% per year,
25    compounded annually, from the date of the transfer to the
26    date of payment. The additional service credit is allowed

 

 

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1    under this amendatory Act of the 95th General Assembly
2    notwithstanding the provisions of Article 7 terminating
3    all transferred credits on the date of transfer.
4(Source: P.A. 95-812, eff. 8-13-08; 96-297, eff. 8-11-09;
596-1260, eff. 7-23-10.)
 
6    (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
7    Sec. 4-108. Creditable service.
8    (a) Creditable service is the time served as a firefighter
9of a municipality. In computing creditable service, furloughs
10and leaves of absence without pay exceeding 30 days in any one
11year shall not be counted, but leaves of absence for illness or
12accident regardless of length, and periods of disability for
13which a firefighter received no disability pension payments
14under this Article, shall be counted.
15    (b) Furloughs and leaves of absence of 30 days or less in
16any one year may be counted as creditable service, if the
17firefighter makes the contribution to the fund that would have
18been required had he or she not been on furlough or leave of
19absence. To qualify for this creditable service, the
20firefighter must pay the required contributions to the fund not
21more than 90 days subsequent to the termination of the furlough
22or leave of absence, to the extent that the municipality has
23not made such contribution on his or her behalf.
24    (c) Creditable service includes:
25        (1) Service in the military, naval or air forces of the

 

 

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1    United States entered upon when the person was an active
2    firefighter, provided that, upon applying for a permanent
3    pension, and in accordance with the rules of the board the
4    firefighter pays into the fund the amount that would have
5    been contributed had he or she been a regular contributor
6    during such period of service, if and to the extent that
7    the municipality which the firefighter served made no such
8    contributions in his or her behalf. The total amount of
9    such creditable service shall not exceed 5 years, except
10    that any firefighter who on July 1, 1973 had more than 5
11    years of such creditable service shall receive the total
12    amount thereof as of that date.
13        (1.5) Up to 24 months of service in the military,
14    naval, or air forces of the United States that was served
15    prior to employment by a municipality or fire protection
16    district as a firefighter. To receive the credit for the
17    military service prior to the employment as a firefighter,
18    the firefighter must apply in writing to the fund and must
19    make contributions to the fund equal to (i) the employee
20    contributions that would have been required had the service
21    been rendered as a member, plus (ii) an amount determined
22    by the fund to be equal to the employer's normal cost of
23    the benefits accrued for that military service, plus (iii)
24    interest at the actuarially assumed rate provided by the
25    Department of Financial and Professional Regulation,
26    compounded annually from the first date of membership in

 

 

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1    the fund to the date of payment on items (i) and (ii). The
2    changes to this paragraph (1.5) by this amendatory Act of
3    the 95th General Assembly apply only to participating
4    employees in service on or after its effective date.
5        (2) Service prior to July 1, 1976 by a firefighter
6    initially excluded from participation by reason of age who
7    elected to participate and paid the required contributions
8    for such service.
9        (3) Up to 8 years of service by a firefighter as an
10    officer in a statewide firefighters' association when he is
11    on a leave of absence from a municipality's payroll,
12    provided that (i) the firefighter has at least 10 years of
13    creditable service as an active firefighter, (ii) the
14    firefighter contributes to the fund the amount that he
15    would have contributed had he remained an active member of
16    the fund, and (iii) the employee or statewide firefighter
17    association contributes to the fund an amount equal to the
18    employer's required contribution as determined by the
19    board, and (iv) the firefighter first became an active
20    member of a pension fund established under this Article
21    before the effective date of this amendatory Act of the
22    97th General Assembly.
23        (4) Time spent as an on-call fireman for a
24    municipality, calculated at the rate of one year of
25    creditable service for each 5 years of time spent as an
26    on-call fireman, provided that (i) the firefighter has at

 

 

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1    least 18 years of creditable service as an active
2    firefighter, (ii) the firefighter spent at least 14 years
3    as an on-call firefighter for the municipality, (iii) the
4    firefighter applies for such creditable service within 30
5    days after the effective date of this amendatory Act of
6    1989, (iv) the firefighter contributes to the Fund an
7    amount representing employee contributions for the number
8    of years of creditable service granted under this
9    subdivision (4), based on the salary and contribution rate
10    in effect for the firefighter at the date of entry into the
11    Fund, to be determined by the board, and (v) not more than
12    3 years of creditable service may be granted under this
13    subdivision (4).
14        Except as provided in Section 4-108.5, creditable
15    service shall not include time spent as a volunteer
16    firefighter, whether or not any compensation was received
17    therefor. The change made in this Section by Public Act
18    83-0463 is intended to be a restatement and clarification
19    of existing law, and does not imply that creditable service
20    was previously allowed under this Article for time spent as
21    a volunteer firefighter.
22        (5) Time served between July 1, 1976 and July 1, 1988
23    in the position of protective inspection officer or
24    administrative assistant for fire services, for a
25    municipality with a population under 10,000 that is located
26    in a county with a population over 3,000,000 and that

 

 

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1    maintains a firefighters' pension fund under this Article,
2    if the position included firefighting duties,
3    notwithstanding that the person may not have held an
4    appointment as a firefighter, provided that application is
5    made to the pension fund within 30 days after the effective
6    date of this amendatory Act of 1991, and the corresponding
7    contributions are paid for the number of years of service
8    granted, based upon the salary and contribution rate in
9    effect for the firefighter at the date of entry into the
10    pension fund, as determined by the Board.
11        (6) Service before becoming a participant by a
12    firefighter initially excluded from participation by
13    reason of age who becomes a participant under the amendment
14    to Section 4-107 made by this amendatory Act of 1993 and
15    pays the required contributions for such service.
16        (7) Up to 3 years of time during which the firefighter
17    receives a disability pension under Section 4-110,
18    4-110.1, or 4-111, provided that (i) the firefighter
19    returns to active service after the disability for a period
20    at least equal to the period for which credit is to be
21    established and (ii) the firefighter makes contributions
22    to the fund based on the rates specified in Section 4-118.1
23    and the salary upon which the disability pension is based.
24    These contributions may be paid at any time prior to the
25    commencement of a retirement pension. The firefighter may,
26    but need not, elect to have the contributions deducted from

 

 

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1    the disability pension or to pay them in installments on a
2    schedule approved by the board. If not deducted from the
3    disability pension, the contributions shall include
4    interest at the rate of 6% per year, compounded annually,
5    from the date for which service credit is being established
6    to the date of payment. If contributions are paid under
7    this subdivision (c)(7) in excess of those needed to
8    establish the credit, the excess shall be refunded. This
9    subdivision (c)(7) applies to persons receiving a
10    disability pension under Section 4-110, 4-110.1, or 4-111
11    on the effective date of this amendatory Act of the 91st
12    General Assembly, as well as persons who begin to receive
13    such a disability pension after that date.
14(Source: P.A. 94-856, eff. 6-15-06; 95-1056, eff. 4-10-09.)
 
15    (40 ILCS 5/5-214)  (from Ch. 108 1/2, par. 5-214)
16    Sec. 5-214. Credit for other service. Any participant in
17this fund (other than a member of the fire department of the
18city) who has rendered service as a member of the police
19department of the city for a period of 3 years or more is
20entitled to credit for the various purposes of this Article for
21service rendered prior to becoming a member or subsequent
22thereto for the following periods:
23        (a) While on leave of absence from the police
24    department assigned or detailed to investigative,
25    protective, security or police work for the park district

 

 

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1    of the city, the department of the Port of Chicago or the
2    sanitary district in which the city is located.
3        (b) As a temporary police officer in the city or while
4    serving in the office of the mayor or in the office of the
5    corporation counsel, as a member of the city council of the
6    city, as an employee of the Policemen's Annuity and Benefit
7    Fund created by this Article, as the head of an
8    organization whose membership consists of members of the
9    police department, but only if the police officer first
10    became a member of the fund before the effective date of
11    this amendatory Act of the 97th General Assembly, the
12    Public Vehicle License Commission and the board of election
13    commissioners of the city.
14        (c) While performing safety or investigative work for
15    the county in which such city is principally located or for
16    the State of Illinois or for the federal government, on
17    leave of absence from the department of police, or while
18    performing investigative work for the department as a
19    civilian employee of the department.
20        (d) While on leave of absence from the police
21    department of the city and serving as the chief of police
22    of a police department outside the city.
23    No credit shall be granted in this fund, however, for this
24service if the policeman has credit therefor in any other
25annuity and benefit fund, or unless he contributes to this fund
26the amount he would have contributed with interest had he

 

 

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1remained an active member of the police department in the
2position he occupied as a result of a civil service competitive
3examination, certification and appointment by the Civil
4Service Board; or in the case of a city operating under the
5provisions of a personnel ordinance the position he occupied as
6a result of a personnel ordinance competitive examination
7certification and appointment under the authority of a
8Municipal Personnel ordinance.
9    Concurrently with such contributions, the city shall
10contribute the amounts provided by this Article. No credit
11shall be allowed for any period of time for which contributions
12by the policeman have not been paid. The period of service
13rendered by such policeman prior to the date he became a member
14of the police department of the city or while detailed,
15assigned or on leave of absence and employed in any of the
16departments set forth hereinabove in this Section for which
17such policeman has contributed to this fund shall be credited
18to him as service for all the purposes of this Article, except
19that he shall not have any of the rights conferred by the
20provisions of Sections 5-127 and 5-162 of this Article.
21    The changes in this Section made by Public Act 86-273 shall
22apply to members of the fund who have not begun receiving a
23pension under this Article on August 23, 1989, without regard
24to whether employment is terminated before that date.
25(Source: P.A. 86-273; 87-1265.)
 

 

 

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1    (40 ILCS 5/6-209)  (from Ch. 108 1/2, par. 6-209)
2    Sec. 6-209. In computing the service rendered by a fireman
3prior to the effective date, the following periods shall be
4counted, in addition to all periods during which he performed
5the duties of his position, as periods of service for annuity
6purposes only: All periods of (a) vacation, (b) leave of
7absence with whole or part pay, (c) leave of absence without
8pay which were necessary on account of disability, and (d)
9leave of absence during which he was engaged in the military or
10naval service of the United States of America. Service credit
11shall not be allowed for any period during which a fireman was
12in receipt of pension on account of disability from any pension
13fund superseded by this fund.
14    In computing the service rendered by a fireman on and after
15the effective date, the following periods shall be counted in
16addition to all periods during which he performed the duties of
17his position, as periods of service for annuity purposes only:
18All periods of (a) vacation, (b) leave of absence with whole or
19part pay, (c) leave of absence during which he was engaged in
20the military or naval service of the United States of America,
21(d) disability for which he receives any disability benefit,
22(e) disability for which he receives whole or part pay, (f)
23leave of absence, or other authorized relief from active duty,
24during which he served as president of The Firemen's
25Association of Chicago, but only if the fireman first became a
26member of the fund before the effective date of this amendatory

 

 

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1Act of the 97th General Assembly, (g) periods of suspension
2from duty not to exceed a total of one year during the total
3period of service of the fireman, and (h) a period of time not
4to exceed 23 days in 1980 in accordance with an agreement with
5the City on a settlement of strike; provided that the fireman
6elects to make contributions to the Fund for the various
7annuity and benefit purposes according to the provisions of
8this Article as though he were an active fireman, based upon
9the salary attached to the civil service rank held by him
10during such absence from duty, and if the fireman so elects,
11the city shall make the prescribed concurrent contributions for
12such annuity and benefit purposes as provided in this Article,
13all to the end that such fireman shall be entitled to receive
14the same annuities and benefits for which he would otherwise be
15eligible if he had continued as an active fireman during the
16periods of absence from duty.
17    In computing service on and after the effective date for
18ordinary disability benefit, all periods described in the
19preceding paragraph, except any period for which a fireman
20receives ordinary disability benefit, shall be counted as
21periods of service.
22    In computing service for any of the purposes of this
23Article, credit shall be given for any periods prior to January
249, 1997, during which an active fireman (or fire paramedic) who
25is a member of the General Assembly is on leave of absence or
26is otherwise authorized to be absent from duty to enable him to

 

 

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1perform his legislative duties, notwithstanding any reduction
2in salary for such periods and notwithstanding that the
3contributions paid by the fireman were based on such reduced
4salary rather than the full amount of salary attached to his
5civil service rank.
6    In computing service for any of the purposes of this
7Article, no credit shall be given for any period during which a
8fireman was not rendering active service because of his
9discharge from the service, unless proceedings to test the
10legality of the discharge are filed in a court of competent
11jurisdiction within one year from the date of discharge and a
12final judgment is entered therein declaring the discharge
13illegal.
14    No overtime or extra service shall be included in computing
15service of a fireman and not more than one year or a proper
16fractional part thereof of service shall be allowed for service
17rendered during any calendar year.
18(Source: P.A. 86-273; 86-1488; 87-1265.)
 
19    (40 ILCS 5/8-226)  (from Ch. 108 1/2, par. 8-226)
20    Sec. 8-226. Computation of service. In computing the term
21of service of an employee prior to the effective date, the
22entire period beginning on the date he was first appointed and
23ending on the day before the effective date, except any
24intervening period during which he was separated by withdrawal
25from service, shall be counted for all purposes of this

 

 

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1Article, except that for any employee who was not in service on
2the day before the effective date, service rendered prior to
3such date shall not be considered for the purposes of Section
48-138.
5    For a person employed by an employer for whom this Article
6was in effect prior to January 1, 1950, from whose salary
7deductions are first made under this Article after December 31,
81949, any period of service rendered prior to the effective
9date, unless he was in service on the day before the effective
10date, shall not be counted as service.
11    The time a person was an employee of any territory annexed
12to the city prior to the effective date shall be counted as a
13period of service.
14    In computing the term of service of any employee subsequent
15to the day before the effective date, the following periods
16shall be counted as periods of service for age and service,
17widow's and child's annuity purposes:
18        (a) The time during which he performed the duties of
19    his position;
20        (b) Vacations, leaves of absence with whole or part
21    pay, and leaves of absence without pay not longer than 90
22    days;
23        (c) Leaves of absence without pay during which a
24    participant is employed full-time by a local labor
25    organization that represents municipal employees, provided
26    that (1) the participant continues to make employee

 

 

HB3815 Engrossed- 22 -LRB097 13164 JDS 57670 b

1    contributions to the Fund as though he were an active
2    employee, based on the regular salary rate received by the
3    participant for his municipal employment immediately prior
4    to such leave of absence (and in the case of such
5    employment prior to December 9, 1987, pays to the Fund an
6    amount equal to the employee contributions for such
7    employment plus regular interest thereon as calculated by
8    the board), and based on his current salary with such labor
9    organization after the effective date of this amendatory
10    Act of 1991, (2) after January 1, 1989 the participant, or
11    the labor organization on the participant's behalf, makes
12    contributions to the Fund as though it were the employer,
13    in the same amount and same manner as specified under this
14    Article, based on the regular salary rate received by the
15    participant for his municipal employment immediately prior
16    to such leave of absence, and based on his current salary
17    with such labor organization after the effective date of
18    this amendatory Act of 1991, and (3) the participant does
19    not receive credit in any pension plan established by the
20    local labor organization based on his employment by the
21    organization, and (4) the participant first became a
22    participant before the effective date of this amendatory
23    Act of the 97th General Assembly;
24        (d) Any period of disability for which he received (i)
25    a disability benefit under this Article, or (ii) a
26    temporary total disability benefit under the Workers'

 

 

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1    Compensation Act if the disability results from a condition
2    commonly termed heart attack or stroke or any other
3    condition falling within the broad field of coronary
4    involvement or heart disease, or (iii) whole or part pay;
5        (e) Any period for which contributions and service
6    credit have been transferred to this Fund under subsection
7    (d) of Section 9-121.1 or subsection (d) of Section
8    12-127.1 of this Code.
9    For a person employed by an employer in which the 1921 Act
10was in effect prior to January 1, 1950, from whose salary
11deductions are first made under the 1921 Act or this Article
12after December 31, 1949, any period of service rendered
13subsequent to the effective date and prior to the date he
14became an employee and contributor, shall not be counted as a
15period of service under this Article, except such period for
16which he made payment as provided in Section 8-230 of this
17Article, in which case such period shall be counted as a period
18of service for all annuity purposes hereunder.
19    In computing the term of service of an employee subsequent
20to the day before the effective date for ordinary disability
21benefit purposes, all periods described in the preceding
22paragraph, except any such period for which he receives
23ordinary disability benefit, shall be counted as periods of
24service; provided, that for any person employed by an employer
25in which this Article was in effect prior to January 1, 1950,
26from whose salary deductions are first made under this Article

 

 

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1after December 31, 1949, any period of service rendered
2subsequent to the effective date and prior to the date he
3became an employee and contributor, shall not be counted as a
4period of service for ordinary disability benefit purposes,
5unless the person made payment for the period as provided in
6Section 8-230 of this Article, in which case the period shall
7be counted as a period of service for ordinary disability
8purposes for periods of disability on or after the effective
9date of this amendatory Act of 1997.
10    Overtime or extra service shall not be included in
11computing any term of service. Not more than 1 year of service
12shall be allowed for service rendered during any calendar year.
13(Source: P.A. 90-511, eff. 8-22-97.)
 
14    (40 ILCS 5/11-215)  (from Ch. 108 1/2, par. 11-215)
15    Sec. 11-215. Computation of service.
16    (a) In computing the term of service of an employee prior
17to the effective date, the entire period beginning on the date
18he was first appointed and ending on the day before the
19effective date, except any intervening period during which he
20was separated by withdrawal from service, shall be counted for
21all purposes of this Article. Only the first year of each
22period of lay-off or leave of absence without pay, continuing
23or extending for a period in excess of one year, shall be
24counted as such service.
25    (b) For a person employed by an employer for whom this

 

 

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1Article was in effect prior to August 1, 1949, from whose
2salary deductions are first made under this Article after July
331, 1949, any period of service rendered prior to the effective
4date, unless he was in service on the day before the effective
5date, shall not be counted as service.
6    (c) In computing the term of service of an employee
7subsequent to the day before the effective date, the following
8periods of time shall be counted as periods of service for
9annuity purposes:
10        (1) the time during which he performed the duties of
11    his position;
12        (2) leaves of absence with whole or part pay, and
13    leaves of absence without pay not longer than 90 days;
14        (3) leaves of absence without pay during which a
15    participant is employed full-time by a local labor
16    organization that represents municipal employees, provided
17    that (A) the participant continues to make employee
18    contributions to the Fund as though he were an active
19    employee, based on the regular salary rate received by the
20    participant for his municipal employment immediately prior
21    to such leave of absence (and in the case of such
22    employment prior to December 9, 1987, pays to the Fund an
23    amount equal to the employee contributions for such
24    employment plus regular interest thereon as calculated by
25    the board), and based on his current salary with such labor
26    organization after the effective date of this amendatory

 

 

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1    Act of 1991, (B) after January 1, 1989 the participant, or
2    the labor organization on the participant's behalf, makes
3    contributions to the Fund as though it were the employer,
4    in the same amount and same manner as specified under this
5    Article, based on the regular salary rate received by the
6    participant for his municipal employment immediately prior
7    to such leave of absence, and based on his current salary
8    with such labor organization after the effective date of
9    this amendatory Act of 1991, and (C) the participant does
10    not receive credit in any pension plan established by the
11    local labor organization based on his employment by the
12    organization, and (D) the participant first became a
13    participant before the effective date of this amendatory
14    Act of the 97th General Assembly;
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
23board, in which "The 1935 Act" was in effect prior to August 1,
241949, from whose salary deductions are first made under "The
251935 Act" or this Article after July 31, 1949, any period of
26service rendered subsequent to the effective date and prior to

 

 

HB3815 Engrossed- 27 -LRB097 13164 JDS 57670 b

1August 1, 1949, shall not be counted as a period of service
2under this Article, except such period for which he made
3payment, as provided in Section 11-221 of this Article, in
4which case such period shall be counted as a period of service
5for all annuity purposes hereunder.
6    (e) In computing the term of service of an employee
7subsequent to the day before the effective date for ordinary
8disability benefit purposes, the following periods of time
9shall 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
21contributor prior to the date he became a contributor to the
22fund shall not be counted as a period of service for ordinary
23disability purposes, unless the person made payment for the
24period as provided in Section 11-221 of this Article, in which
25case the period shall be counted as a period of service for
26ordinary disability purposes for periods of disability on or

 

 

HB3815 Engrossed- 28 -LRB097 13164 JDS 57670 b

1after the effective date of this amendatory Act of 1997.
2    Overtime or extra service shall not be included in
3computing any term of service. Not more than 1 year of service
4shall be allowed for service rendered during any calendar year.
5(Source: P.A. 90-511, eff. 8-22-97.)
 
6    (40 ILCS 5/15-107)  (from Ch. 108 1/2, par. 15-107)
7    Sec. 15-107. Employee.
8    (a) "Employee" means any member of the educational,
9administrative, secretarial, clerical, mechanical, labor or
10other staff of an employer whose employment is permanent and
11continuous or who is employed in a position in which services
12are expected to be rendered on a continuous basis for at least
134 months or one academic term, whichever is less, who (A)
14receives payment for personal services on a warrant issued
15pursuant to a payroll voucher certified by an employer and
16drawn by the State Comptroller upon the State Treasurer or by
17an employer upon trust, federal or other funds, or (B) is on a
18leave of absence without pay. Employment which is irregular,
19intermittent or temporary shall not be considered continuous
20for purposes of this paragraph.
21    However, a person is not an "employee" if he or she:
22        (1) is a student enrolled in and regularly attending
23    classes in a college or university which is an employer,
24    and is employed on a temporary basis at less than full
25    time;

 

 

HB3815 Engrossed- 29 -LRB097 13164 JDS 57670 b

1        (2) is currently receiving a retirement annuity or a
2    disability retirement annuity under Section 15-153.2 from
3    this System;
4        (3) is on a military leave of absence;
5        (4) is eligible to participate in the Federal Civil
6    Service Retirement System and is currently making
7    contributions to that system based upon earnings paid by an
8    employer;
9        (5) is on leave of absence without pay for more than 60
10    days immediately following termination of disability
11    benefits under this Article;
12        (6) is hired after June 30, 1979 as a public service
13    employment program participant under the Federal
14    Comprehensive Employment and Training Act and receives
15    earnings in whole or in part from funds provided under that
16    Act; or
17        (7) is employed on or after July 1, 1991 to perform
18    services that are excluded by subdivision (a)(7)(f) or
19    (a)(19) of Section 210 of the federal Social Security Act
20    from the definition of employment given in that Section (42
21    U.S.C. 410).
22    (b) Any employer may, by filing a written notice with the
23board, exclude from the definition of "employee" all persons
24employed pursuant to a federally funded contract entered into
25after July 1, 1982 with a federal military department in a
26program providing training in military courses to federal

 

 

HB3815 Engrossed- 30 -LRB097 13164 JDS 57670 b

1military personnel on a military site owned by the United
2States Government, if this exclusion is not prohibited by the
3federally funded contract or federal laws or rules governing
4the administration of the contract.
5    (c) Any person appointed by the Governor under the Civil
6Administrative Code of the State is an employee, if he or she
7is a participant in this system on the effective date of the
8appointment.
9    (d) A participant on lay-off status under civil service
10rules is considered an employee for not more than 120 days from
11the date of the lay-off.
12    (e) A participant is considered an employee during (1) the
13first 60 days of disability leave, (2) the period, not to
14exceed one year, in which his or her eligibility for disability
15benefits is being considered by the board or reviewed by the
16courts, and (3) the period he or she receives disability
17benefits under the provisions of Section 15-152, workers'
18compensation or occupational disease benefits, or disability
19income under an insurance contract financed wholly or partially
20by the employer.
21    (f) Absences without pay, other than formal leaves of
22absence, of less than 30 calendar days, are not considered as
23an interruption of a person's status as an employee. If such
24absences during any period of 12 months exceed 30 work days,
25the employee status of the person is considered as interrupted
26as of the 31st work day.

 

 

HB3815 Engrossed- 31 -LRB097 13164 JDS 57670 b

1    (g) A staff member whose employment contract requires
2services during an academic term is to be considered an
3employee during the summer and other vacation periods, unless
4he or she declines an employment contract for the succeeding
5academic term or his or her employment status is otherwise
6terminated, and he or she receives no earnings during these
7periods.
8    (h) An individual who was a participating employee employed
9in the fire department of the University of Illinois's
10Champaign-Urbana campus immediately prior to the elimination
11of that fire department and who immediately after the
12elimination of that fire department became employed by the fire
13department of the City of Urbana or the City of Champaign shall
14continue to be considered as an employee for purposes of this
15Article for so long as the individual remains employed as a
16firefighter by the City of Urbana or the City of Champaign. The
17individual shall cease to be considered an employee under this
18subsection (h) upon the first termination of the individual's
19employment as a firefighter by the City of Urbana or the City
20of Champaign.
21    (i) An individual who is employed on a full-time basis as
22an officer or employee of a statewide teacher organization that
23serves System participants or an officer of a national teacher
24organization that serves System participants may participate
25in the System and shall be deemed an employee, provided that
26(1) the individual has previously earned creditable service

 

 

HB3815 Engrossed- 32 -LRB097 13164 JDS 57670 b

1under this Article, (2) the individual files with the System an
2irrevocable election to become a participant, and (3) the
3individual does not receive credit for that employment under
4any other Article of this Code, and (4) the individual first
5became a participant of the System before the effective date of
6this amendatory Act of the 97th General Assembly. An employee
7under this subsection (i) is responsible for paying to the
8System both (A) employee contributions based on the actual
9compensation received for service with the teacher
10organization and (B) employer contributions equal to the normal
11costs (as defined in Section 15-155) resulting from that
12service; all or any part of these contributions may be paid on
13the employee's behalf or picked up for tax purposes (if
14authorized under federal law) by the teacher organization.
15    A person who is an employee as defined in this subsection
16(i) may establish service credit for similar employment prior
17to becoming an employee under this subsection by paying to the
18System for that employment the contributions specified in this
19subsection, plus interest at the effective rate from the date
20of service to the date of payment. However, credit shall not be
21granted under this subsection for any such prior employment for
22which the applicant received credit under any other provision
23of this Code, or during which the applicant was on a leave of
24absence under Section 15-113.2.
25    (j) A person employed by the State Board of Higher
26Education in a position with the Illinois Century Network as of

 

 

HB3815 Engrossed- 33 -LRB097 13164 JDS 57670 b

1June 30, 2004 shall be considered to be an employee for so long
2as he or she remains continuously employed after that date by
3the Department of Central Management Services in a position
4with the Illinois Century Network, the Bureau of Communication
5and Computer Services, or, if applicable, any successor bureau
6and meets the requirements of subsection (a).
7(Source: P.A. 95-369, eff. 8-23-07.)
 
8    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
9    Sec. 16-106. Teacher. "Teacher": The following
10individuals, provided that, for employment prior to July 1,
111990, they are employed on a full-time basis, or if not
12full-time, on a permanent and continuous basis in a position in
13which services are expected to be rendered for at least one
14school term:
15        (1) Any educational, administrative, professional or
16    other staff employed in the public common schools included
17    within this system in a position requiring certification
18    under the law governing the certification of teachers;
19        (2) Any educational, administrative, professional or
20    other staff employed in any facility of the Department of
21    Children and Family Services or the Department of Human
22    Services, in a position requiring certification under the
23    law governing the certification of teachers, and any person
24    who (i) works in such a position for the Department of
25    Corrections, (ii) was a member of this System on May 31,

 

 

HB3815 Engrossed- 34 -LRB097 13164 JDS 57670 b

1    1987, and (iii) did not elect to become a member of the
2    State Employees' Retirement System pursuant to Section
3    14-108.2 of this Code; except that "teacher" does not
4    include any person who (A) becomes a security employee of
5    the Department of Human Services, as defined in Section
6    14-110, after June 28, 2001 (the effective date of Public
7    Act 92-14), or (B) becomes a member of the State Employees'
8    Retirement System pursuant to Section 14-108.2c of this
9    Code;
10        (3) Any regional superintendent of schools, assistant
11    regional superintendent of schools, State Superintendent
12    of Education; any person employed by the State Board of
13    Education as an executive; any executive of the boards
14    engaged in the service of public common school education in
15    school districts covered under this system of which the
16    State Superintendent of Education is an ex-officio member;
17        (4) Any employee of a school board association
18    operating in compliance with Article 23 of the School Code
19    who is certificated under the law governing the
20    certification of teachers;
21        (5) Any person employed by the retirement system who:
22            (i) was an employee of and a participant in the
23        system on August 17, 2001 (the effective date of Public
24        Act 92-416), or
25            (ii) becomes an employee of the system on or after
26        August 17, 2001;

 

 

HB3815 Engrossed- 35 -LRB097 13164 JDS 57670 b

1        (6) Any educational, administrative, professional or
2    other staff employed by and under the supervision and
3    control of a regional superintendent of schools, provided
4    such employment position requires the person to be
5    certificated under the law governing the certification of
6    teachers and is in an educational program serving 2 or more
7    districts in accordance with a joint agreement authorized
8    by the School Code or by federal legislation;
9        (7) Any educational, administrative, professional or
10    other staff employed in an educational program serving 2 or
11    more school districts in accordance with a joint agreement
12    authorized by the School Code or by federal legislation and
13    in a position requiring certification under the laws
14    governing the certification of teachers;
15        (8) Any officer or employee of a statewide teacher
16    organization or officer of a national teacher organization
17    who is certified under the law governing certification of
18    teachers, provided: (i) the individual had previously
19    established creditable service under this Article, (ii)
20    the individual files with the system an irrevocable
21    election to become a member, and (iii) the individual does
22    not receive credit for such service under any other Article
23    of this Code, and (iv) the individual first became a member
24    of this System before the effective date of this amendatory
25    Act of the 97th General Assembly;
26        (9) Any educational, administrative, professional, or

 

 

HB3815 Engrossed- 36 -LRB097 13164 JDS 57670 b

1    other staff employed in a charter school operating in
2    compliance with the Charter Schools Law who is certificated
3    under the law governing the certification of teachers.
4        (10) Any person employed, on the effective date of this
5    amendatory Act of the 94th General Assembly, by the
6    Macon-Piatt Regional Office of Education in a
7    birth-through-age-three pilot program receiving funds
8    under Section 2-389 of the School Code who is required by
9    the Macon-Piatt Regional Office of Education to hold a
10    teaching certificate, provided that the Macon-Piatt
11    Regional Office of Education makes an election, within 6
12    months after the effective date of this amendatory Act of
13    the 94th General Assembly, to have the person participate
14    in the system. Any service established prior to the
15    effective date of this amendatory Act of the 94th General
16    Assembly for service as an employee of the Macon-Piatt
17    Regional Office of Education in a birth-through-age-three
18    pilot program receiving funds under Section 2-389 of the
19    School Code shall be considered service as a teacher if
20    employee and employer contributions have been received by
21    the system and the system has not refunded those
22    contributions.
23    An annuitant receiving a retirement annuity under this
24Article or under Article 17 of this Code who is employed by a
25board of education or other employer as permitted under Section
2616-118 or 16-150.1 is not a "teacher" for purposes of this

 

 

HB3815 Engrossed- 37 -LRB097 13164 JDS 57670 b

1Article. A person who has received a single-sum retirement
2benefit under Section 16-136.4 of this Article is not a
3"teacher" for purposes of this Article.
4    A person who is a teacher as described in item (8) of this
5Section may establish service credit for similar employment
6prior to becoming certified as a teacher if he or she (i) is
7certified as a teacher on or before the effective date of this
8amendatory Act of the 94th General Assembly, (ii) applies in
9writing to the system within 6 months after the effective date
10of this amendatory Act of the 94th General Assembly, and (iii)
11pays to the system contributions equal to the normal costs
12calculated from the date of first full-time employment as
13described in item (8) to the date of payment, compounded
14annually at the rate of 8.5% per year for periods before the
15effective date of this amendatory Act of the 94th General
16Assembly and for subsequent periods at a rate equal to the
17System's actuarially assumed rate of return on investments.
18However, credit shall not be granted under this paragraph for
19any such prior employment for which the applicant received
20credit under any other provision of this Code.
21(Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
 
22    (40 ILCS 5/17-134)  (from Ch. 108 1/2, par. 17-134)
23    Sec. 17-134. Contributions for leaves of absence; military
24service; computing service. In computing service for pension
25purposes the following periods of service shall stand in lieu

 

 

HB3815 Engrossed- 38 -LRB097 13164 JDS 57670 b

1of a like number of years of teaching service upon payment
2therefor in the manner hereinafter provided: (a) time spent on
3a leave of absence granted by the employer; (b) service with
4teacher or labor organizations based upon special leaves of
5absence therefor granted by an Employer; (c) a maximum of 5
6years spent in the military service of the United States, of
7which up to 2 years may have been served outside the pension
8period; (d) unused sick days at termination of service to a
9maximum of 244 days; (e) time lost due to layoff and
10curtailment of the school term from June 6 through June 21,
111976; and (f) time spent after June 30, 1982 as a member of the
12Board of Education, if required to resign from an
13administrative or teaching position in order to qualify as a
14member of the Board of Education.
15        (1) For time spent on or after September 6, 1948 on
16    sabbatical leaves of absence or sick leaves, for which
17    salaries are paid, an Employer shall make payroll
18    deductions at the applicable rates in effect during such
19    periods.
20        (2) For time spent on a leave of absence granted by the
21    employer for which no salaries are paid, teachers desiring
22    credit therefor shall pay the required contributions at the
23    rates in effect during such periods as though they were in
24    teaching service. If an Employer pays salary for vacations
25    which occur during a teacher's sick leave or maternity or
26    paternity leave without salary, vacation pay for which the

 

 

HB3815 Engrossed- 39 -LRB097 13164 JDS 57670 b

1    teacher would have qualified while in active service shall
2    be considered part of the teacher's total salary for
3    pension purposes. No more than 36 months of leave credit
4    may be allowed any person during the entire term of
5    service. Sabbatical leave credit shall be limited to the
6    time the person on leave without salary under an Employer's
7    rules is allowed to engage in an activity for which he
8    receives salary or compensation.
9        (3) For time spent prior to September 6, 1948, on
10    sabbatical leaves of absence or sick leaves for which
11    salaries were paid, teachers desiring service credit
12    therefor shall pay the required contributions at the
13    maximum applicable rates in effect during such periods.
14        (4) For service with teacher or labor organizations
15    authorized by special leaves of absence, for which no
16    payroll deductions are made by an Employer, teachers
17    desiring service credit therefor shall contribute to the
18    Fund upon the basis of the actual salary received from such
19    organizations at the percentage rates in effect during such
20    periods for certified positions with such Employer. To the
21    extent the actual salary exceeds the regular salary, which
22    shall be defined as the salary rate, as calculated by the
23    Board, in effect for the teacher's regular position in
24    teaching service on September 1, 1983 or on the effective
25    date of the leave with the organization, whichever is
26    later, the organization shall pay to the Fund the

 

 

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1    employer's normal cost as set by the Board on the
2    increment. Notwithstanding any other provision of this
3    subdivision (4), teachers are only eligible for credit for
4    service under this subdivision (4) if they became a member
5    of this Fund before the effective date of this amendatory
6    Act of the 97th General Assembly.
7        (5) For time spent in the military service, teachers
8    entitled to and desiring credit therefor shall contribute
9    the amount required for each year of service or fraction
10    thereof at the rates in force (a) at the date of
11    appointment, or (b) on return to teaching service as a
12    regularly certified teacher, as the case may be; provided
13    such rates shall not be less than $450 per year of service.
14    These conditions shall apply unless an Employer elects to
15    and does pay into the Fund the amount which would have been
16    due from such person had he been employed as a teacher
17    during such time. In the case of credit for military
18    service not during the pension period, the teacher must
19    also pay to the Fund an amount determined by the Board to
20    be equal to the employer's normal cost of the benefits
21    accrued from such service, plus interest thereon at 5% per
22    year, compounded annually, from the date of appointment to
23    the date of payment.
24        The changes to this Section made by Public Act 87-795
25    shall apply not only to persons who on or after its
26    effective date are in service under the Fund, but also to

 

 

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1    persons whose status as a teacher terminated prior to that
2    date, whether or not the person is an annuitant on that
3    date. In the case of an annuitant who applies for credit
4    allowable under this Section for a period of military
5    service that did not immediately follow employment, and who
6    has made the required contributions for such credit, the
7    annuity shall be recalculated to include the additional
8    service credit, with the increase taking effect on the date
9    the Fund received written notification of the annuitant's
10    intent to purchase the credit, if payment of all the
11    required contributions is made within 60 days of such
12    notice, or else on the first annuity payment date following
13    the date of payment of the required contributions. In
14    calculating the automatic annual increase for an annuity
15    that has been recalculated under this Section, the increase
16    attributable to the additional service allowable under
17    this amendatory Act of 1991 shall be included in the
18    calculation of automatic annual increases accruing after
19    the effective date of the recalculation.
20        The total credit for military service shall not exceed
21    5 years, except that any teacher who on July 1, 1963, had
22    validated credit for more than 5 years of military service
23    shall be entitled to the total amount of such credit.
24        (6) A maximum of 244 unused sick days credited to his
25    account by an Employer on the date of termination of
26    employment. Members, upon verification of unused sick

 

 

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1    days, may add this service time to total creditable
2    service.
3        (7) In all cases where time spent on leave is
4    creditable and no payroll deductions therefor are made by
5    an Employer, persons desiring service credit shall make the
6    required contributions directly to the Fund.
7        (8) For time lost without pay due to layoff and
8    curtailment of the school term from June 6 through June 21,
9    1976, as provided in item (e) of the first paragraph of
10    this Section, persons who were contributors on the days
11    immediately preceding such layoff shall receive credit
12    upon paying to the Fund a contribution based on the rates
13    of compensation and employee contributions in effect at the
14    time of such layoff, together with an additional amount
15    equal to 12.2% of the compensation computed for such period
16    of layoff, plus interest on the entire amount at 5% per
17    annum from January 1, 1978 to the date of payment. If such
18    contribution is paid, salary for pension purposes for any
19    year in which such a layoff occurred shall include the
20    compensation recognized for purposes of computing that
21    contribution.
22        (9) For time spent after June 30, 1982, as a
23    nonsalaried member of the Board of Education, if required
24    to resign from an administrative or teaching position in
25    order to qualify as a member of the Board of Education, an
26    administrator or teacher desiring credit therefor shall

 

 

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1    pay the required contributions at the rates and salaries in
2    effect during such periods as though the member were in
3    service.
4    Effective September 1, 1974, the interest charged for
5validation of service described in paragraphs (2) through (5)
6of this Section shall be compounded annually at a rate of 5%
7commencing one year after the termination of the leave or
8return to service.
9(Source: P.A. 92-599, eff. 6-28-02.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.