Rep. Karen May

Filed: 10/24/2011

 

 


 

 


 
09700HB3815ham001LRB097 13164 JDS 58977 a

1
AMENDMENT TO HOUSE BILL 3815

2    AMENDMENT NO. ______. Amend House Bill 3815 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 3-110, 4-108, 5-214, 6-209, 8-226, 11-215,
615-107, 16-106, 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.

 

 

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1    (a-5) Up to 3 years of time during which the police officer
2receives a disability pension under Section 3-114.1, 3-114.2,
33-114.3, or 3-114.6 shall be counted as creditable service,
4provided that (i) the police officer returns to active service
5after the disability for a period at least equal to the period
6for which credit is to be established and (ii) the police
7officer makes contributions to the fund based on the rates
8specified in Section 3-125.1 and the salary upon which the
9disability pension is based. These contributions may be paid at
10any time prior to the commencement of a retirement pension. The
11police officer may, but need not, elect to have the
12contributions deducted from the disability pension or to pay
13them in installments on a schedule approved by the board. If
14not deducted from the disability pension, the contributions
15shall include interest at the rate of 6% per year, compounded
16annually, from the date for which service credit is being
17established to the date of payment. If contributions are paid
18under this subsection (a-5) in excess of those needed to
19establish the credit, the excess shall be refunded. This
20subsection (a-5) applies to persons receiving a disability
21pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on
22the effective date of this amendatory Act of the 91st General
23Assembly, as well as persons who begin to receive such a
24disability pension after that date.
25    (b) Creditable service includes all periods of service in
26the military, naval or air forces of the United States entered

 

 

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1upon while an active police officer of a municipality, provided
2that upon applying for a permanent pension, and in accordance
3with the rules of the board, the police officer pays into the
4fund the amount the officer would have contributed if he or she
5had been a regular contributor during such period, to the
6extent that the municipality which the police officer served
7has not made such contributions in the officer's behalf. The
8total amount of such creditable service shall not exceed 5
9years, except that any police officer who on July 1, 1973 had
10more than 5 years of such creditable service shall receive the
11total amount thereof.
12    (b-5) Creditable service includes all periods of service in
13the military, naval, or air forces of the United States entered
14upon before beginning service as an active police officer of a
15municipality, provided that, in accordance with the rules of
16the board, the police officer pays into the fund the amount the
17police officer would have contributed if he or she had been a
18regular contributor during such period, plus an amount
19determined by the Board to be equal to the municipality's
20normal cost of the benefit, plus interest at the actuarially
21assumed rate calculated from the date the employee last became
22a police officer under this Article. The total amount of such
23creditable service shall not exceed 2 years.
24    (c) Creditable service also includes service rendered by a
25police officer while on leave of absence from a police
26department to serve as an executive of an organization whose

 

 

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1membership consists of members of a police department, subject
2to the following conditions: (i) the police officer is a
3participant of a fund established under this Article with at
4least 10 years of service as a police officer; (ii) the police
5officer received no credit for such service under any other
6retirement system, pension fund, or annuity and benefit fund
7included in this Code; (iii) pursuant to the rules of the board
8the police officer pays to the fund the amount he or she would
9have contributed had the officer been an active member of the
10police department; and (iv) the organization pays a
11contribution equal to the municipality's normal cost for that
12period of service; and (v) the police officer first became an
13active member of a pension fund established under this Article
14before the effective date of this amendatory Act of the 97th
15General Assembly.
16        (d)(1) Creditable service also includes periods of
17    service originally established in another police pension
18    fund under this Article or in the Fund established under
19    Article 7 of this Code for which (i) the contributions have
20    been transferred under Section 3-110.7 or Section 7-139.9
21    and (ii) any additional contribution required under
22    paragraph (2) of this subsection has been paid in full in
23    accordance with the requirements of this subsection (d).
24        (2) If the board of the pension fund to which
25    creditable service and related contributions are
26    transferred under Section 7-139.9 determines that the

 

 

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1    amount transferred is less than the true cost to the
2    pension fund of allowing that creditable service to be
3    established, then in order to establish that creditable
4    service the police officer must pay to the pension fund,
5    within the payment period specified in paragraph (3) of
6    this subsection, an additional contribution equal to the
7    difference, as determined by the board in accordance with
8    the rules and procedures adopted under paragraph (6) of
9    this subsection. If the board of the pension fund to which
10    creditable service and related contributions are
11    transferred under Section 3-110.7 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 police officer may elect (A) to
15    establish that creditable service by paying to the pension
16    fund, within the payment period specified in paragraph (3)
17    of this subsection (d), an additional contribution equal to
18    the difference, as determined by the board in accordance
19    with the rules and procedures adopted under paragraph (6)
20    of this subsection (d) or (B) to have his or her creditable
21    service reduced by an amount equal to the difference
22    between the amount transferred under Section 3-110.7 and
23    the true cost to the pension fund of allowing that
24    creditable service to be established, as determined by the
25    board in accordance with the rules and procedures adopted
26    under paragraph (6) of this subsection (d).

 

 

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

 

 

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1    subdivisions (a)(1) and (a)(3) of Section 7-139.9 that
2    represent employee contributions paid by the police
3    officer (but not the accumulated interest on those
4    contributions) and interest paid by the police officer to
5    the prior pension fund in order to reinstate service
6    terminated by acceptance of a refund.
7        At the time of paying a refund under this item (5), the
8    pension fund shall also repay to the pension fund from
9    which the contributions were transferred under Section
10    3-110.7 or 7-139.9 the amount originally transferred under
11    subdivision (a)(2) of that Section, plus interest at the
12    rate of 6% per year, compounded annually, from the date of
13    the original transfer to the date of repayment. Amounts
14    repaid to the Article 7 fund under this provision shall be
15    credited to the appropriate municipality.
16        Transferred credit that is not granted due to failure
17    to pay the additional contribution within the required time
18    is lost; it may not be transferred to another pension fund
19    and may not be reinstated in the pension fund from which it
20    was transferred.
21        (6) The Public Employee Pension Fund Division of the
22    Department of Insurance shall establish by rule the manner
23    of making the calculation required under paragraph (2) of
24    this subsection, taking into account the appropriate
25    actuarial assumptions; the police officer's service, age,
26    and salary history; the level of funding of the pension

 

 

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

 

 

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1    Financial and Professional Regulation shall establish by
2    rule the manner of making the calculation required under
3    paragraph (2) of this subsection, taking into account the
4    appropriate actuarial assumptions; the police officer's
5    service, age, and salary history; the level of funding of
6    the pension fund to which the credits are being
7    transferred; and any other factors that the Division
8    determines to be relevant. The rules may require that all
9    calculations made under paragraph (2) be reported to the
10    Division by the board performing the calculation, together
11    with documentation of the creditable service to be
12    transferred, the amounts of contributions and interest to
13    be transferred, the manner in which the calculation was
14    performed, the numbers relied upon in making the
15    calculation, the results of the calculation, and any other
16    information the Division may deem useful.
17        (4) Until January 1, 2010, a police officer who
18    transferred service from the Fund established under
19    Article 7 of this Code under the provisions of Public Act
20    94-356 may establish additional credit, but only for the
21    amount of the service credit reduction in that transfer, as
22    calculated under paragraph (3) of this subsection (e). This
23    credit may be established upon payment by the police
24    officer of an amount to be determined by the board, equal
25    to (1) the amount that would have been contributed as
26    employee and employer contributions had all of the service

 

 

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1    been as an employee under this Article, plus interest
2    thereon at the rate of 6% per year, compounded annually
3    from the date of service to the date of transfer, less (2)
4    the total amount transferred from the Article 7 Fund, plus
5    (3) interest on the difference at the rate of 6% per year,
6    compounded annually, from the date of the transfer to the
7    date of payment. The additional service credit is allowed
8    under this amendatory Act of the 95th General Assembly
9    notwithstanding the provisions of Article 7 terminating
10    all transferred credits on the date of transfer.
11(Source: P.A. 95-812, eff. 8-13-08; 96-297, eff. 8-11-09;
1296-1260, eff. 7-23-10.)
 
13    (40 ILCS 5/4-108)  (from Ch. 108 1/2, par. 4-108)
14    Sec. 4-108. Creditable service.
15    (a) Creditable service is the time served as a firefighter
16of a municipality. In computing creditable service, furloughs
17and leaves of absence without pay exceeding 30 days in any one
18year shall not be counted, but leaves of absence for illness or
19accident regardless of length, and periods of disability for
20which a firefighter received no disability pension payments
21under this Article, shall be counted.
22    (b) Furloughs and leaves of absence of 30 days or less in
23any one year may be counted as creditable service, if the
24firefighter makes the contribution to the fund that would have
25been required had he or she not been on furlough or leave of

 

 

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1absence. To qualify for this creditable service, the
2firefighter must pay the required contributions to the fund not
3more than 90 days subsequent to the termination of the furlough
4or leave of absence, to the extent that the municipality has
5not made such contribution on his or her behalf.
6    (c) Creditable service includes:
7        (1) Service in the military, naval or air forces of the
8    United States entered upon when the person was an active
9    firefighter, provided that, upon applying for a permanent
10    pension, and in accordance with the rules of the board the
11    firefighter pays into the fund the amount that would have
12    been contributed had he or she been a regular contributor
13    during such period of service, if and to the extent that
14    the municipality which the firefighter served made no such
15    contributions in his or her behalf. The total amount of
16    such creditable service shall not exceed 5 years, except
17    that any firefighter who on July 1, 1973 had more than 5
18    years of such creditable service shall receive the total
19    amount thereof as of that date.
20        (1.5) Up to 24 months of service in the military,
21    naval, or air forces of the United States that was served
22    prior to employment by a municipality or fire protection
23    district as a firefighter. To receive the credit for the
24    military service prior to the employment as a firefighter,
25    the firefighter must apply in writing to the fund and must
26    make contributions to the fund equal to (i) the employee

 

 

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1    contributions that would have been required had the service
2    been rendered as a member, plus (ii) an amount determined
3    by the fund to be equal to the employer's normal cost of
4    the benefits accrued for that military service, plus (iii)
5    interest at the actuarially assumed rate provided by the
6    Department of Financial and Professional Regulation,
7    compounded annually from the first date of membership in
8    the fund to the date of payment on items (i) and (ii). The
9    changes to this paragraph (1.5) by this amendatory Act of
10    the 95th General Assembly apply only to participating
11    employees in service on or after its effective date.
12        (2) Service prior to July 1, 1976 by a firefighter
13    initially excluded from participation by reason of age who
14    elected to participate and paid the required contributions
15    for such service.
16        (3) Up to 8 years of service by a firefighter as an
17    officer in a statewide firefighters' association when he is
18    on a leave of absence from a municipality's payroll,
19    provided that (i) the firefighter has at least 10 years of
20    creditable service as an active firefighter, (ii) the
21    firefighter contributes to the fund the amount that he
22    would have contributed had he remained an active member of
23    the fund, and (iii) the employee or statewide firefighter
24    association contributes to the fund an amount equal to the
25    employer's required contribution as determined by the
26    board, and (iv) the firefighter first became an active

 

 

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1    member of a pension fund established under this Article
2    before the effective date of this amendatory Act of the
3    97th General Assembly.
4        (4) Time spent as an on-call fireman for a
5    municipality, calculated at the rate of one year of
6    creditable service for each 5 years of time spent as an
7    on-call fireman, provided that (i) the firefighter has at
8    least 18 years of creditable service as an active
9    firefighter, (ii) the firefighter spent at least 14 years
10    as an on-call firefighter for the municipality, (iii) the
11    firefighter applies for such creditable service within 30
12    days after the effective date of this amendatory Act of
13    1989, (iv) the firefighter contributes to the Fund an
14    amount representing employee contributions for the number
15    of years of creditable service granted under this
16    subdivision (4), based on the salary and contribution rate
17    in effect for the firefighter at the date of entry into the
18    Fund, to be determined by the board, and (v) not more than
19    3 years of creditable service may be granted under this
20    subdivision (4).
21        Except as provided in Section 4-108.5, creditable
22    service shall not include time spent as a volunteer
23    firefighter, whether or not any compensation was received
24    therefor. The change made in this Section by Public Act
25    83-0463 is intended to be a restatement and clarification
26    of existing law, and does not imply that creditable service

 

 

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1    was previously allowed under this Article for time spent as
2    a volunteer firefighter.
3        (5) Time served between July 1, 1976 and July 1, 1988
4    in the position of protective inspection officer or
5    administrative assistant for fire services, for a
6    municipality with a population under 10,000 that is located
7    in a county with a population over 3,000,000 and that
8    maintains a firefighters' pension fund under this Article,
9    if the position included firefighting duties,
10    notwithstanding that the person may not have held an
11    appointment as a firefighter, provided that application is
12    made to the pension fund within 30 days after the effective
13    date of this amendatory Act of 1991, and the corresponding
14    contributions are paid for the number of years of service
15    granted, based upon the salary and contribution rate in
16    effect for the firefighter at the date of entry into the
17    pension fund, as determined by the Board.
18        (6) Service before becoming a participant by a
19    firefighter initially excluded from participation by
20    reason of age who becomes a participant under the amendment
21    to Section 4-107 made by this amendatory Act of 1993 and
22    pays the required contributions for such service.
23        (7) Up to 3 years of time during which the firefighter
24    receives a disability pension under Section 4-110,
25    4-110.1, or 4-111, provided that (i) the firefighter
26    returns to active service after the disability for a period

 

 

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1    at least equal to the period for which credit is to be
2    established and (ii) the firefighter makes contributions
3    to the fund based on the rates specified in Section 4-118.1
4    and the salary upon which the disability pension is based.
5    These contributions may be paid at any time prior to the
6    commencement of a retirement pension. The firefighter may,
7    but need not, elect to have the contributions deducted from
8    the disability pension or to pay them in installments on a
9    schedule approved by the board. If not deducted from the
10    disability pension, the contributions shall include
11    interest at the rate of 6% per year, compounded annually,
12    from the date for which service credit is being established
13    to the date of payment. If contributions are paid under
14    this subdivision (c)(7) in excess of those needed to
15    establish the credit, the excess shall be refunded. This
16    subdivision (c)(7) applies to persons receiving a
17    disability pension under Section 4-110, 4-110.1, or 4-111
18    on the effective date of this amendatory Act of the 91st
19    General Assembly, as well as persons who begin to receive
20    such a disability pension after that date.
21(Source: P.A. 94-856, eff. 6-15-06; 95-1056, eff. 4-10-09.)
 
22    (40 ILCS 5/5-214)  (from Ch. 108 1/2, par. 5-214)
23    Sec. 5-214. Credit for other service. Any participant in
24this fund (other than a member of the fire department of the
25city) who has rendered service as a member of the police

 

 

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1department of the city for a period of 3 years or more is
2entitled to credit for the various purposes of this Article for
3service rendered prior to becoming a member or subsequent
4thereto for the following periods:
5        (a) While on leave of absence from the police
6    department assigned or detailed to investigative,
7    protective, security or police work for the park district
8    of the city, the department of the Port of Chicago or the
9    sanitary district in which the city is located.
10        (b) As a temporary police officer in the city or while
11    serving in the office of the mayor or in the office of the
12    corporation counsel, as a member of the city council of the
13    city, as an employee of the Policemen's Annuity and Benefit
14    Fund created by this Article, as the head of an
15    organization whose membership consists of members of the
16    police department, but only if the police officer first
17    became a member of the fund before the effective date of
18    this amendatory Act of the 97th General Assembly, the
19    Public Vehicle License Commission and the board of election
20    commissioners of the city.
21        (c) While performing safety or investigative work for
22    the county in which such city is principally located or for
23    the State of Illinois or for the federal government, on
24    leave of absence from the department of police, or while
25    performing investigative work for the department as a
26    civilian employee of the department.

 

 

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1        (d) While on leave of absence from the police
2    department of the city and serving as the chief of police
3    of a police department outside the city.
4    No credit shall be granted in this fund, however, for this
5service if the policeman has credit therefor in any other
6annuity and benefit fund, or unless he contributes to this fund
7the amount he would have contributed with interest had he
8remained an active member of the police department in the
9position he occupied as a result of a civil service competitive
10examination, certification and appointment by the Civil
11Service Board; or in the case of a city operating under the
12provisions of a personnel ordinance the position he occupied as
13a result of a personnel ordinance competitive examination
14certification and appointment under the authority of a
15Municipal Personnel ordinance.
16    Concurrently with such contributions, the city shall
17contribute the amounts provided by this Article. No credit
18shall be allowed for any period of time for which contributions
19by the policeman have not been paid. The period of service
20rendered by such policeman prior to the date he became a member
21of the police department of the city or while detailed,
22assigned or on leave of absence and employed in any of the
23departments set forth hereinabove in this Section for which
24such policeman has contributed to this fund shall be credited
25to him as service for all the purposes of this Article, except
26that he shall not have any of the rights conferred by the

 

 

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1provisions of Sections 5-127 and 5-162 of this Article.
2    The changes in this Section made by Public Act 86-273 shall
3apply to members of the fund who have not begun receiving a
4pension under this Article on August 23, 1989, without regard
5to whether employment is terminated before that date.
6(Source: P.A. 86-273; 87-1265.)
 
7    (40 ILCS 5/6-209)  (from Ch. 108 1/2, par. 6-209)
8    Sec. 6-209. In computing the service rendered by a fireman
9prior to the effective date, the following periods shall be
10counted, in addition to all periods during which he performed
11the duties of his position, as periods of service for annuity
12purposes only: All periods of (a) vacation, (b) leave of
13absence with whole or part pay, (c) leave of absence without
14pay which were necessary on account of disability, and (d)
15leave of absence during which he was engaged in the military or
16naval service of the United States of America. Service credit
17shall not be allowed for any period during which a fireman was
18in receipt of pension on account of disability from any pension
19fund superseded by this fund.
20    In computing the service rendered by a fireman on and after
21the effective date, the following periods shall be counted in
22addition to all periods during which he performed the duties of
23his position, as periods of service for annuity purposes only:
24All periods of (a) vacation, (b) leave of absence with whole or
25part pay, (c) leave of absence during which he was engaged in

 

 

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1the military or naval service of the United States of America,
2(d) disability for which he receives any disability benefit,
3(e) disability for which he receives whole or part pay, (f)
4leave of absence, or other authorized relief from active duty,
5during which he served as president of The Firemen's
6Association of Chicago, but only if the fireman first became a
7member of the fund before the effective date of this amendatory
8Act of the 97th General Assembly, (g) periods of suspension
9from duty not to exceed a total of one year during the total
10period of service of the fireman, and (h) a period of time not
11to exceed 23 days in 1980 in accordance with an agreement with
12the City on a settlement of strike; provided that the fireman
13elects to make contributions to the Fund for the various
14annuity and benefit purposes according to the provisions of
15this Article as though he were an active fireman, based upon
16the salary attached to the civil service rank held by him
17during such absence from duty, and if the fireman so elects,
18the city shall make the prescribed concurrent contributions for
19such annuity and benefit purposes as provided in this Article,
20all to the end that such fireman shall be entitled to receive
21the same annuities and benefits for which he would otherwise be
22eligible if he had continued as an active fireman during the
23periods of absence from duty.
24    In computing service on and after the effective date for
25ordinary disability benefit, all periods described in the
26preceding paragraph, except any period for which a fireman

 

 

09700HB3815ham001- 20 -LRB097 13164 JDS 58977 a

1receives ordinary disability benefit, shall be counted as
2periods of service.
3    In computing service for any of the purposes of this
4Article, credit shall be given for any periods prior to January
59, 1997, during which an active fireman (or fire paramedic) who
6is a member of the General Assembly is on leave of absence or
7is otherwise authorized to be absent from duty to enable him to
8perform his legislative duties, notwithstanding any reduction
9in salary for such periods and notwithstanding that the
10contributions paid by the fireman were based on such reduced
11salary rather than the full amount of salary attached to his
12civil service rank.
13    In computing service for any of the purposes of this
14Article, no credit shall be given for any period during which a
15fireman was not rendering active service because of his
16discharge from the service, unless proceedings to test the
17legality of the discharge are filed in a court of competent
18jurisdiction within one year from the date of discharge and a
19final judgment is entered therein declaring the discharge
20illegal.
21    No overtime or extra service shall be included in computing
22service of a fireman and not more than one year or a proper
23fractional part thereof of service shall be allowed for service
24rendered during any calendar year.
25(Source: P.A. 86-273; 86-1488; 87-1265.)
 

 

 

09700HB3815ham001- 21 -LRB097 13164 JDS 58977 a

1    (40 ILCS 5/8-226)  (from Ch. 108 1/2, par. 8-226)
2    Sec. 8-226. Computation of service. In computing the term
3of service of an employee prior to the effective date, the
4entire period beginning on the date he was first appointed and
5ending on the day before the effective date, except any
6intervening period during which he was separated by withdrawal
7from service, shall be counted for all purposes of this
8Article, except that for any employee who was not in service on
9the day before the effective date, service rendered prior to
10such date shall not be considered for the purposes of Section
118-138.
12    For a person employed by an employer for whom this Article
13was in effect prior to January 1, 1950, from whose salary
14deductions are first made under this Article after December 31,
151949, any period of service rendered prior to the effective
16date, unless he was in service on the day before the effective
17date, shall not be counted as service.
18    The time a person was an employee of any territory annexed
19to the city prior to the effective date shall be counted as a
20period of service.
21    In computing the term of service of any employee subsequent
22to the day before the effective date, the following periods
23shall be counted as periods of service for age and service,
24widow's and child's annuity purposes:
25        (a) The time during which he performed the duties of
26    his position;

 

 

09700HB3815ham001- 22 -LRB097 13164 JDS 58977 a

1        (b) Vacations, leaves of absence with whole or part
2    pay, and leaves of absence without pay not longer than 90
3    days;
4        (c) Leaves of absence without pay during which a
5    participant is employed full-time by a local labor
6    organization that represents municipal employees, provided
7    that (1) the participant continues to make employee
8    contributions to the Fund as though he were an active
9    employee, based on the regular salary rate received by the
10    participant for his municipal employment immediately prior
11    to such leave of absence (and in the case of such
12    employment prior to December 9, 1987, pays to the Fund an
13    amount equal to the employee contributions for such
14    employment plus regular interest thereon as calculated by
15    the board), and based on his current salary with such labor
16    organization after the effective date of this amendatory
17    Act of 1991, (2) after January 1, 1989 the participant, or
18    the labor organization on the participant's behalf, makes
19    contributions to the Fund as though it were the employer,
20    in the same amount and same manner as specified under this
21    Article, based on the regular salary rate received by the
22    participant for his municipal employment immediately prior
23    to such leave of absence, and based on his current salary
24    with such labor organization after the effective date of
25    this amendatory Act of 1991, and (3) the participant does
26    not receive credit in any pension plan established by the

 

 

09700HB3815ham001- 23 -LRB097 13164 JDS 58977 a

1    local labor organization based on his employment by the
2    organization, and (4) the participant first became a
3    participant before the effective date of this amendatory
4    Act of the 97th General Assembly;
5        (d) Any period of disability for which he received (i)
6    a disability benefit under this Article, or (ii) a
7    temporary total disability benefit under the Workers'
8    Compensation Act if the disability results from a condition
9    commonly termed heart attack or stroke or any other
10    condition falling within the broad field of coronary
11    involvement or heart disease, or (iii) whole or part pay;
12        (e) Any period for which contributions and service
13    credit have been transferred to this Fund under subsection
14    (d) of Section 9-121.1 or subsection (d) of Section
15    12-127.1 of this Code.
16    For a person employed by an employer in which the 1921 Act
17was in effect prior to January 1, 1950, from whose salary
18deductions are first made under the 1921 Act or this Article
19after December 31, 1949, any period of service rendered
20subsequent to the effective date and prior to the date he
21became an employee and contributor, shall not be counted as a
22period of service under this Article, except such period for
23which he made payment as provided in Section 8-230 of this
24Article, in which case such period shall be counted as a period
25of service for all annuity purposes hereunder.
26    In computing the term of service of an employee subsequent

 

 

09700HB3815ham001- 24 -LRB097 13164 JDS 58977 a

1to the day before the effective date for ordinary disability
2benefit purposes, all periods described in the preceding
3paragraph, except any such period for which he receives
4ordinary disability benefit, shall be counted as periods of
5service; provided, that for any person employed by an employer
6in which this Article was in effect prior to January 1, 1950,
7from whose salary deductions are first made under this Article
8after December 31, 1949, any period of service rendered
9subsequent to the effective date and prior to the date he
10became an employee and contributor, shall not be counted as a
11period of service for ordinary disability benefit purposes,
12unless the person made payment for the period as provided in
13Section 8-230 of this Article, in which case the period shall
14be counted as a period of service for ordinary disability
15purposes for periods of disability on or after the effective
16date of this amendatory Act of 1997.
17    Overtime or extra service shall not be included in
18computing any term of service. Not more than 1 year of service
19shall be allowed for service rendered during any calendar year.
20(Source: P.A. 90-511, eff. 8-22-97.)
 
21    (40 ILCS 5/11-215)  (from Ch. 108 1/2, par. 11-215)
22    Sec. 11-215. Computation of service.
23    (a) In computing the term of service of an employee prior
24to the effective date, the entire period beginning on the date
25he was first appointed and ending on the day before the

 

 

09700HB3815ham001- 25 -LRB097 13164 JDS 58977 a

1effective date, except any intervening period during which he
2was separated by withdrawal from service, shall be counted for
3all purposes of this Article. Only the first year of each
4period of lay-off or leave of absence without pay, continuing
5or extending for a period in excess of one year, shall be
6counted as such service.
7    (b) For a person employed by an employer for whom this
8Article was in effect prior to August 1, 1949, from whose
9salary deductions are first made under this Article after July
1031, 1949, any period of service rendered prior to the effective
11date, unless he was in service on the day before the effective
12date, shall not be counted as service.
13    (c) In computing the term of service of an employee
14subsequent to the day before the effective date, the following
15periods of time shall be counted as periods of service for
16annuity purposes:
17        (1) the time during which he performed the duties of
18    his position;
19        (2) leaves of absence with whole or part pay, and
20    leaves of absence without pay not longer than 90 days;
21        (3) leaves of absence without pay during which a
22    participant is employed full-time by a local labor
23    organization that represents municipal employees, provided
24    that (A) the participant continues to make employee
25    contributions to the Fund as though he were an active
26    employee, based on the regular salary rate received by the

 

 

09700HB3815ham001- 26 -LRB097 13164 JDS 58977 a

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

 

 

09700HB3815ham001- 27 -LRB097 13164 JDS 58977 a

1    condition falling within the broad field of coronary
2    involvement or heart disease, or (iii) whole or part pay.
3    (d) For a person employed by an employer, or the retirement
4board, in which "The 1935 Act" was in effect prior to August 1,
51949, from whose salary deductions are first made under "The
61935 Act" or this Article after July 31, 1949, any period of
7service rendered subsequent to the effective date and prior to
8August 1, 1949, shall not be counted as a period of service
9under this Article, except such period for which he made
10payment, as provided in Section 11-221 of this Article, in
11which case such period shall be counted as a period of service
12for all annuity purposes hereunder.
13    (e) In computing the term of service of an employee
14subsequent to the day before the effective date for ordinary
15disability benefit purposes, the following periods of time
16shall be counted as periods of service:
17        (1) any period during which he performed the duties of
18    his position;
19        (2) leaves of absence with whole or part pay;
20        (3) any period of disability for which he received (i)
21    a duty disability benefit under this Article, or (ii) a
22    temporary total disability benefit under the Workers'
23    Compensation Act if the disability results from a condition
24    commonly termed heart attack or stroke or any other
25    condition falling within the broad field of coronary
26    involvement or heart disease, or (iii) whole or part pay.

 

 

09700HB3815ham001- 28 -LRB097 13164 JDS 58977 a

1    However, any period of service rendered by an employee
2contributor prior to the date he became a contributor to the
3fund shall not be counted as a period of service for ordinary
4disability purposes, unless the person made payment for the
5period as provided in Section 11-221 of this Article, in which
6case the period shall be counted as a period of service for
7ordinary disability purposes for periods of disability on or
8after the effective date of this amendatory Act of 1997.
9    Overtime or extra service shall not be included in
10computing any term of service. Not more than 1 year of service
11shall be allowed for service rendered during any calendar year.
12(Source: P.A. 90-511, eff. 8-22-97.)
 
13    (40 ILCS 5/15-107)  (from Ch. 108 1/2, par. 15-107)
14    Sec. 15-107. Employee.
15    (a) "Employee" means any member of the educational,
16administrative, secretarial, clerical, mechanical, labor or
17other staff of an employer whose employment is permanent and
18continuous or who is employed in a position in which services
19are expected to be rendered on a continuous basis for at least
204 months or one academic term, whichever is less, who (A)
21receives payment for personal services on a warrant issued
22pursuant to a payroll voucher certified by an employer and
23drawn by the State Comptroller upon the State Treasurer or by
24an employer upon trust, federal or other funds, or (B) is on a
25leave of absence without pay. Employment which is irregular,

 

 

09700HB3815ham001- 29 -LRB097 13164 JDS 58977 a

1intermittent or temporary shall not be considered continuous
2for purposes of this paragraph.
3    However, a person is not an "employee" if he or she:
4        (1) is a student enrolled in and regularly attending
5    classes in a college or university which is an employer,
6    and is employed on a temporary basis at less than full
7    time;
8        (2) is currently receiving a retirement annuity or a
9    disability retirement annuity under Section 15-153.2 from
10    this System;
11        (3) is on a military leave of absence;
12        (4) is eligible to participate in the Federal Civil
13    Service Retirement System and is currently making
14    contributions to that system based upon earnings paid by an
15    employer;
16        (5) is on leave of absence without pay for more than 60
17    days immediately following termination of disability
18    benefits under this Article;
19        (6) is hired after June 30, 1979 as a public service
20    employment program participant under the Federal
21    Comprehensive Employment and Training Act and receives
22    earnings in whole or in part from funds provided under that
23    Act; or
24        (7) is employed on or after July 1, 1991 to perform
25    services that are excluded by subdivision (a)(7)(f) or
26    (a)(19) of Section 210 of the federal Social Security Act

 

 

09700HB3815ham001- 30 -LRB097 13164 JDS 58977 a

1    from the definition of employment given in that Section (42
2    U.S.C. 410).
3    (b) Any employer may, by filing a written notice with the
4board, exclude from the definition of "employee" all persons
5employed pursuant to a federally funded contract entered into
6after July 1, 1982 with a federal military department in a
7program providing training in military courses to federal
8military personnel on a military site owned by the United
9States Government, if this exclusion is not prohibited by the
10federally funded contract or federal laws or rules governing
11the administration of the contract.
12    (c) Any person appointed by the Governor under the Civil
13Administrative Code of the State is an employee, if he or she
14is a participant in this system on the effective date of the
15appointment.
16    (d) A participant on lay-off status under civil service
17rules is considered an employee for not more than 120 days from
18the date of the lay-off.
19    (e) A participant is considered an employee during (1) the
20first 60 days of disability leave, (2) the period, not to
21exceed one year, in which his or her eligibility for disability
22benefits is being considered by the board or reviewed by the
23courts, and (3) the period he or she receives disability
24benefits under the provisions of Section 15-152, workers'
25compensation or occupational disease benefits, or disability
26income under an insurance contract financed wholly or partially

 

 

09700HB3815ham001- 31 -LRB097 13164 JDS 58977 a

1by the employer.
2    (f) Absences without pay, other than formal leaves of
3absence, of less than 30 calendar days, are not considered as
4an interruption of a person's status as an employee. If such
5absences during any period of 12 months exceed 30 work days,
6the employee status of the person is considered as interrupted
7as of the 31st work day.
8    (g) A staff member whose employment contract requires
9services during an academic term is to be considered an
10employee during the summer and other vacation periods, unless
11he or she declines an employment contract for the succeeding
12academic term or his or her employment status is otherwise
13terminated, and he or she receives no earnings during these
14periods.
15    (h) An individual who was a participating employee employed
16in the fire department of the University of Illinois's
17Champaign-Urbana campus immediately prior to the elimination
18of that fire department and who immediately after the
19elimination of that fire department became employed by the fire
20department of the City of Urbana or the City of Champaign shall
21continue to be considered as an employee for purposes of this
22Article for so long as the individual remains employed as a
23firefighter by the City of Urbana or the City of Champaign. The
24individual shall cease to be considered an employee under this
25subsection (h) upon the first termination of the individual's
26employment as a firefighter by the City of Urbana or the City

 

 

09700HB3815ham001- 32 -LRB097 13164 JDS 58977 a

1of Champaign.
2    (i) An individual who is employed on a full-time basis as
3an officer or employee of a statewide teacher organization that
4serves System participants or an officer of a national teacher
5organization that serves System participants may participate
6in the System and shall be deemed an employee, provided that
7(1) the individual has previously earned creditable service
8under this Article, (2) the individual files with the System an
9irrevocable election to become a participant, and (3) the
10individual does not receive credit for that employment under
11any other Article of this Code, and (4) the individual first
12became a participant of the System before the effective date of
13this amendatory Act of the 97th General Assembly. An employee
14under this subsection (i) is responsible for paying to the
15System both (A) employee contributions based on the actual
16compensation received for service with the teacher
17organization and (B) employer contributions equal to the normal
18costs (as defined in Section 15-155) resulting from that
19service; all or any part of these contributions may be paid on
20the employee's behalf or picked up for tax purposes (if
21authorized under federal law) by the teacher organization.
22    A person who is an employee as defined in this subsection
23(i) may establish service credit for similar employment prior
24to becoming an employee under this subsection by paying to the
25System for that employment the contributions specified in this
26subsection, plus interest at the effective rate from the date

 

 

09700HB3815ham001- 33 -LRB097 13164 JDS 58977 a

1of service to the date of payment. However, credit shall not be
2granted under this subsection for any such prior employment for
3which the applicant received credit under any other provision
4of this Code, or during which the applicant was on a leave of
5absence under Section 15-113.2.
6    (j) A person employed by the State Board of Higher
7Education in a position with the Illinois Century Network as of
8June 30, 2004 shall be considered to be an employee for so long
9as he or she remains continuously employed after that date by
10the Department of Central Management Services in a position
11with the Illinois Century Network, the Bureau of Communication
12and Computer Services, or, if applicable, any successor bureau
13and meets the requirements of subsection (a).
14(Source: P.A. 95-369, eff. 8-23-07.)
 
15    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
16    Sec. 16-106. Teacher. "Teacher": The following
17individuals, provided that, for employment prior to July 1,
181990, they are employed on a full-time basis, or if not
19full-time, on a permanent and continuous basis in a position in
20which services are expected to be rendered for at least one
21school term:
22        (1) Any educational, administrative, professional or
23    other staff employed in the public common schools included
24    within this system in a position requiring certification
25    under the law governing the certification of teachers;

 

 

09700HB3815ham001- 34 -LRB097 13164 JDS 58977 a

1        (2) Any educational, administrative, professional or
2    other staff employed in any facility of the Department of
3    Children and Family Services or the Department of Human
4    Services, in a position requiring certification under the
5    law governing the certification of teachers, and any person
6    who (i) works in such a position for the Department of
7    Corrections, (ii) was a member of this System on May 31,
8    1987, and (iii) did not elect to become a member of the
9    State Employees' Retirement System pursuant to Section
10    14-108.2 of this Code; except that "teacher" does not
11    include any person who (A) becomes a security employee of
12    the Department of Human Services, as defined in Section
13    14-110, after June 28, 2001 (the effective date of Public
14    Act 92-14), or (B) becomes a member of the State Employees'
15    Retirement System pursuant to Section 14-108.2c of this
16    Code;
17        (3) Any regional superintendent of schools, assistant
18    regional superintendent of schools, State Superintendent
19    of Education; any person employed by the State Board of
20    Education as an executive; any executive of the boards
21    engaged in the service of public common school education in
22    school districts covered under this system of which the
23    State Superintendent of Education is an ex-officio member;
24        (4) Any employee of a school board association
25    operating in compliance with Article 23 of the School Code
26    who is certificated under the law governing the

 

 

09700HB3815ham001- 35 -LRB097 13164 JDS 58977 a

1    certification of teachers;
2        (5) Any person employed by the retirement system who:
3            (i) was an employee of and a participant in the
4        system on August 17, 2001 (the effective date of Public
5        Act 92-416), or
6            (ii) becomes an employee of the system on or after
7        August 17, 2001;
8        (6) Any educational, administrative, professional or
9    other staff employed by and under the supervision and
10    control of a regional superintendent of schools, provided
11    such employment position requires the person to be
12    certificated under the law governing the certification of
13    teachers and is in an educational program serving 2 or more
14    districts in accordance with a joint agreement authorized
15    by the School Code or by federal legislation;
16        (7) Any educational, administrative, professional or
17    other staff employed in an educational program serving 2 or
18    more school districts in accordance with a joint agreement
19    authorized by the School Code or by federal legislation and
20    in a position requiring certification under the laws
21    governing the certification of teachers;
22        (8) Any officer or employee of a statewide teacher
23    organization or officer of a national teacher organization
24    who is certified under the law governing certification of
25    teachers, provided: (i) the individual had previously
26    established creditable service under this Article, (ii)

 

 

09700HB3815ham001- 36 -LRB097 13164 JDS 58977 a

1    the individual files with the system an irrevocable
2    election to become a member, and (iii) the individual does
3    not receive credit for such service under any other Article
4    of this Code, and (iv) the individual first became a member
5    of this System before the effective date of this amendatory
6    Act of the 97th General Assembly;
7        (9) Any educational, administrative, professional, or
8    other staff employed in a charter school operating in
9    compliance with the Charter Schools Law who is certificated
10    under the law governing the certification of teachers.
11        (10) Any person employed, on the effective date of this
12    amendatory Act of the 94th General Assembly, by the
13    Macon-Piatt Regional Office of Education in a
14    birth-through-age-three pilot program receiving funds
15    under Section 2-389 of the School Code who is required by
16    the Macon-Piatt Regional Office of Education to hold a
17    teaching certificate, provided that the Macon-Piatt
18    Regional Office of Education makes an election, within 6
19    months after the effective date of this amendatory Act of
20    the 94th General Assembly, to have the person participate
21    in the system. Any service established prior to the
22    effective date of this amendatory Act of the 94th General
23    Assembly for service as an employee of the Macon-Piatt
24    Regional Office of Education in a birth-through-age-three
25    pilot program receiving funds under Section 2-389 of the
26    School Code shall be considered service as a teacher if

 

 

09700HB3815ham001- 37 -LRB097 13164 JDS 58977 a

1    employee and employer contributions have been received by
2    the system and the system has not refunded those
3    contributions.
4    An annuitant receiving a retirement annuity under this
5Article or under Article 17 of this Code who is employed by a
6board of education or other employer as permitted under Section
716-118 or 16-150.1 is not a "teacher" for purposes of this
8Article. A person who has received a single-sum retirement
9benefit under Section 16-136.4 of this Article is not a
10"teacher" for purposes of this Article.
11    A person who is a teacher as described in item (8) of this
12Section may establish service credit for similar employment
13prior to becoming certified as a teacher if he or she (i) is
14certified as a teacher on or before the effective date of this
15amendatory Act of the 94th General Assembly, (ii) applies in
16writing to the system within 6 months after the effective date
17of this amendatory Act of the 94th General Assembly, and (iii)
18pays to the system contributions equal to the normal costs
19calculated from the date of first full-time employment as
20described in item (8) to the date of payment, compounded
21annually at the rate of 8.5% per year for periods before the
22effective date of this amendatory Act of the 94th General
23Assembly and for subsequent periods at a rate equal to the
24System's actuarially assumed rate of return on investments.
25However, credit shall not be granted under this paragraph for
26any such prior employment for which the applicant received

 

 

09700HB3815ham001- 38 -LRB097 13164 JDS 58977 a

1credit under any other provision of this Code.
2(Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
 
3    (40 ILCS 5/17-134)  (from Ch. 108 1/2, par. 17-134)
4    Sec. 17-134. Contributions for leaves of absence; military
5service; computing service. In computing service for pension
6purposes the following periods of service shall stand in lieu
7of a like number of years of teaching service upon payment
8therefor in the manner hereinafter provided: (a) time spent on
9a leave of absence granted by the employer; (b) service with
10teacher or labor organizations based upon special leaves of
11absence therefor granted by an Employer; (c) a maximum of 5
12years spent in the military service of the United States, of
13which up to 2 years may have been served outside the pension
14period; (d) unused sick days at termination of service to a
15maximum of 244 days; (e) time lost due to layoff and
16curtailment of the school term from June 6 through June 21,
171976; and (f) time spent after June 30, 1982 as a member of the
18Board of Education, if required to resign from an
19administrative or teaching position in order to qualify as a
20member of the Board of Education.
21        (1) For time spent on or after September 6, 1948 on
22    sabbatical leaves of absence or sick leaves, for which
23    salaries are paid, an Employer shall make payroll
24    deductions at the applicable rates in effect during such
25    periods.

 

 

09700HB3815ham001- 39 -LRB097 13164 JDS 58977 a

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

 

 

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1    periods for certified positions with such Employer. To the
2    extent the actual salary exceeds the regular salary, which
3    shall be defined as the salary rate, as calculated by the
4    Board, in effect for the teacher's regular position in
5    teaching service on September 1, 1983 or on the effective
6    date of the leave with the organization, whichever is
7    later, the organization shall pay to the Fund the
8    employer's normal cost as set by the Board on the
9    increment. Notwithstanding any other provision of this
10    subdivision (4), teachers are only eligible for credit for
11    service under this subdivision (4) if they became a member
12    of this Fund before the effective date of this amendatory
13    Act of the 97th General Assembly.
14        (5) For time spent in the military service, teachers
15    entitled to and desiring credit therefor shall contribute
16    the amount required for each year of service or fraction
17    thereof at the rates in force (a) at the date of
18    appointment, or (b) on return to teaching service as a
19    regularly certified teacher, as the case may be; provided
20    such rates shall not be less than $450 per year of service.
21    These conditions shall apply unless an Employer elects to
22    and does pay into the Fund the amount which would have been
23    due from such person had he been employed as a teacher
24    during such time. In the case of credit for military
25    service not during the pension period, the teacher must
26    also pay to the Fund an amount determined by the Board to

 

 

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1    be equal to the employer's normal cost of the benefits
2    accrued from such service, plus interest thereon at 5% per
3    year, compounded annually, from the date of appointment to
4    the date of payment.
5        The changes to this Section made by Public Act 87-795
6    shall apply not only to persons who on or after its
7    effective date are in service under the Fund, but also to
8    persons whose status as a teacher terminated prior to that
9    date, whether or not the person is an annuitant on that
10    date. In the case of an annuitant who applies for credit
11    allowable under this Section for a period of military
12    service that did not immediately follow employment, and who
13    has made the required contributions for such credit, the
14    annuity shall be recalculated to include the additional
15    service credit, with the increase taking effect on the date
16    the Fund received written notification of the annuitant's
17    intent to purchase the credit, if payment of all the
18    required contributions is made within 60 days of such
19    notice, or else on the first annuity payment date following
20    the date of payment of the required contributions. In
21    calculating the automatic annual increase for an annuity
22    that has been recalculated under this Section, the increase
23    attributable to the additional service allowable under
24    this amendatory Act of 1991 shall be included in the
25    calculation of automatic annual increases accruing after
26    the effective date of the recalculation.

 

 

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1        The total credit for military service shall not exceed
2    5 years, except that any teacher who on July 1, 1963, had
3    validated credit for more than 5 years of military service
4    shall be entitled to the total amount of such credit.
5        (6) A maximum of 244 unused sick days credited to his
6    account by an Employer on the date of termination of
7    employment. Members, upon verification of unused sick
8    days, may add this service time to total creditable
9    service.
10        (7) In all cases where time spent on leave is
11    creditable and no payroll deductions therefor are made by
12    an Employer, persons desiring service credit shall make the
13    required contributions directly to the Fund.
14        (8) For time lost without pay due to layoff and
15    curtailment of the school term from June 6 through June 21,
16    1976, as provided in item (e) of the first paragraph of
17    this Section, persons who were contributors on the days
18    immediately preceding such layoff shall receive credit
19    upon paying to the Fund a contribution based on the rates
20    of compensation and employee contributions in effect at the
21    time of such layoff, together with an additional amount
22    equal to 12.2% of the compensation computed for such period
23    of layoff, plus interest on the entire amount at 5% per
24    annum from January 1, 1978 to the date of payment. If such
25    contribution is paid, salary for pension purposes for any
26    year in which such a layoff occurred shall include the

 

 

09700HB3815ham001- 43 -LRB097 13164 JDS 58977 a

1    compensation recognized for purposes of computing that
2    contribution.
3        (9) For time spent after June 30, 1982, as a
4    nonsalaried member of the Board of Education, if required
5    to resign from an administrative or teaching position in
6    order to qualify as a member of the Board of Education, an
7    administrator or teacher desiring credit therefor shall
8    pay the required contributions at the rates and salaries in
9    effect during such periods as though the member were in
10    service.
11    Effective September 1, 1974, the interest charged for
12validation of service described in paragraphs (2) through (5)
13of this Section shall be compounded annually at a rate of 5%
14commencing one year after the termination of the leave or
15return to service.
16(Source: P.A. 92-599, eff. 6-28-02.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".