97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3832

 

Introduced 10/19/2011, by Rep. Tom Cross - David Harris - Darlene J. Senger - Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/8-226  from Ch. 108 1/2, par. 8-226
40 ILCS 5/11-215  from Ch. 108 1/2, par. 11-215

    Amends the Chicago Municipal and Chicago Laborers Articles to specify that creditable service for leaves of absence without pay during which a participant is employed full-time by a local labor organization that represents municipal employees may be established provided that the participant does not receive credit in any pension plan established by the labor organization based on his employment by the organization, including, but not limited to, pension plans established by the local labor organization, the national labor organization, or the international labor organization (rather than any pension plan established by the local labor organization). Effective immediately.


LRB097 13871 AMC 58440 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3832LRB097 13871 AMC 58440 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 8-226 and 11-215 as follows:
 
6    (40 ILCS 5/8-226)  (from Ch. 108 1/2, par. 8-226)
7    Sec. 8-226. Computation of service. In computing the term
8of service of an employee prior to the effective date, the
9entire period beginning on the date he was first appointed and
10ending on the day before the effective date, except any
11intervening period during which he was separated by withdrawal
12from service, shall be counted for all purposes of this
13Article, except that for any employee who was not in service on
14the day before the effective date, service rendered prior to
15such date shall not be considered for the purposes of Section
168-138.
17    For a person employed by an employer for whom this Article
18was in effect prior to January 1, 1950, from whose salary
19deductions are first made under this Article after December 31,
201949, any period of service rendered prior to the effective
21date, unless he was in service on the day before the effective
22date, shall not be counted as service.
23    The time a person was an employee of any territory annexed

 

 

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1to the city prior to the effective date shall be counted as a
2period of service.
3    In computing the term of service of any employee subsequent
4to the day before the effective date, the following periods
5shall be counted as periods of service for age and service,
6widow's and child's annuity purposes:
7        (a) The time during which he performed the duties of
8    his position;
9        (b) Vacations, leaves of absence with whole or part
10    pay, and leaves of absence without pay not longer than 90
11    days;
12        (c) Leaves of absence without pay during which a
13    participant is employed full-time by a local labor
14    organization that represents municipal employees, provided
15    that (1) the participant continues to make employee
16    contributions to the Fund as though he were an active
17    employee, based on the regular salary rate received by the
18    participant for his municipal employment immediately prior
19    to such leave of absence (and in the case of such
20    employment prior to December 9, 1987, pays to the Fund an
21    amount equal to the employee contributions for such
22    employment plus regular interest thereon as calculated by
23    the board), and based on his current salary with such labor
24    organization after the effective date of this amendatory
25    Act of 1991, (2) after January 1, 1989 the participant, or
26    the labor organization on the participant's behalf, makes

 

 

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1    contributions to the Fund as though it were the employer,
2    in the same amount and same manner as specified under this
3    Article, based on the regular salary rate received by the
4    participant for his municipal employment immediately prior
5    to such leave of absence, and based on his current salary
6    with such labor organization after the effective date of
7    this amendatory Act of 1991, and (3) the participant does
8    not receive credit in any pension plan established by the
9    local labor organization based on his employment by the
10    organization, including, but not limited to, pension plans
11    established by the local labor organization, the national
12    labor organization, or the international labor
13    organization;
14        (d) Any period of disability for which he received (i)
15    a disability benefit under this Article, or (ii) a
16    temporary total disability benefit under the Workers'
17    Compensation Act if the disability results from a condition
18    commonly termed heart attack or stroke or any other
19    condition falling within the broad field of coronary
20    involvement or heart disease, or (iii) whole or part pay;
21        (e) Any period for which contributions and service
22    credit have been transferred to this Fund under subsection
23    (d) of Section 9-121.1 or subsection (d) of Section
24    12-127.1 of this Code.
25    For a person employed by an employer in which the 1921 Act
26was in effect prior to January 1, 1950, from whose salary

 

 

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1deductions are first made under the 1921 Act or this Article
2after December 31, 1949, any period of service rendered
3subsequent to the effective date and prior to the date he
4became an employee and contributor, shall not be counted as a
5period of service under this Article, except such period for
6which he made payment as provided in Section 8-230 of this
7Article, in which case such period shall be counted as a period
8of service for all annuity purposes hereunder.
9    In computing the term of service of an employee subsequent
10to the day before the effective date for ordinary disability
11benefit purposes, all periods described in the preceding
12paragraph, except any such period for which he receives
13ordinary disability benefit, shall be counted as periods of
14service; provided, that for any person employed by an employer
15in which this Article was in effect prior to January 1, 1950,
16from whose salary deductions are first made under this Article
17after December 31, 1949, any period of service rendered
18subsequent to the effective date and prior to the date he
19became an employee and contributor, shall not be counted as a
20period of service for ordinary disability benefit purposes,
21unless the person made payment for the period as provided in
22Section 8-230 of this Article, in which case the period shall
23be counted as a period of service for ordinary disability
24purposes for periods of disability on or after the effective
25date of this amendatory Act of 1997.
26    Overtime or extra service shall not be included in

 

 

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1computing any term of service. Not more than 1 year of service
2shall be allowed for service rendered during any calendar year.
3(Source: P.A. 90-511, eff. 8-22-97.)
 
4    (40 ILCS 5/11-215)  (from Ch. 108 1/2, par. 11-215)
5    Sec. 11-215. Computation of service.
6    (a) In computing the term of service of an employee prior
7to the effective date, the entire period beginning on the date
8he was first appointed and ending on the day before the
9effective date, except any intervening period during which he
10was separated by withdrawal from service, shall be counted for
11all purposes of this Article. Only the first year of each
12period of lay-off or leave of absence without pay, continuing
13or extending for a period in excess of one year, shall be
14counted as such service.
15    (b) For a person employed by an employer for whom this
16Article was in effect prior to August 1, 1949, from whose
17salary deductions are first made under this Article after July
1831, 1949, any period of service rendered prior to the effective
19date, unless he was in service on the day before the effective
20date, shall not be counted as service.
21    (c) In computing the term of service of an employee
22subsequent to the day before the effective date, the following
23periods of time shall be counted as periods of service for
24annuity purposes:
25        (1) the time during which he performed the duties of

 

 

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1    his position;
2        (2) leaves of absence with whole or part pay, and
3    leaves of absence without pay not longer than 90 days;
4        (3) 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 (A) 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, (B) 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 (C) the participant does
26    not receive credit in any pension plan established by the

 

 

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1    local labor organization based on his employment by the
2    organization, including, but not limited to, pension plans
3    established by the local labor organization, the national
4    labor organization, or the international labor
5    organization;
6        (4) any period of disability for which he received (i)
7    a disability benefit under this Article, or (ii) a
8    temporary total disability benefit under the Workers'
9    Compensation Act if the disability results from a condition
10    commonly termed heart attack or stroke or any other
11    condition falling within the broad field of coronary
12    involvement or heart disease, or (iii) whole or part pay.
13    (d) For a person employed by an employer, or the retirement
14board, in which "The 1935 Act" was in effect prior to August 1,
151949, from whose salary deductions are first made under "The
161935 Act" or this Article after July 31, 1949, any period of
17service rendered subsequent to the effective date and prior to
18August 1, 1949, shall not be counted as a period of service
19under this Article, except such period for which he made
20payment, as provided in Section 11-221 of this Article, in
21which case such period shall be counted as a period of service
22for all annuity purposes hereunder.
23    (e) In computing the term of service of an employee
24subsequent to the day before the effective date for ordinary
25disability benefit purposes, the following periods of time
26shall be counted as periods of service:

 

 

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1        (1) any period during which he performed the duties of
2    his position;
3        (2) leaves of absence with whole or part pay;
4        (3) any period of disability for which he received (i)
5    a duty disability benefit under this Article, or (ii) a
6    temporary total disability benefit under the Workers'
7    Compensation Act if the disability results from a condition
8    commonly termed heart attack or stroke or any other
9    condition falling within the broad field of coronary
10    involvement or heart disease, or (iii) whole or part pay.
11    However, any period of service rendered by an employee
12contributor prior to the date he became a contributor to the
13fund shall not be counted as a period of service for ordinary
14disability purposes, unless the person made payment for the
15period as provided in Section 11-221 of this Article, in which
16case the period shall be counted as a period of service for
17ordinary disability purposes for periods of disability on or
18after the effective date of this amendatory Act of 1997.
19    Overtime or extra service shall not be included in
20computing any term of service. Not more than 1 year of service
21shall be allowed for service rendered during any calendar year.
22(Source: P.A. 90-511, eff. 8-22-97.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.