Full Text of SB2958 102nd General Assembly
SB2958enr 102ND GENERAL ASSEMBLY |
| | SB2958 Enrolled | | LRB102 19593 RPS 28361 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 11-215 as follows:
| 6 | | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| 7 | | Sec. 11-215. Computation of service.
| 8 | | (a) In computing the term of service of an employee prior | 9 | | to the effective
date, the entire period beginning on the date | 10 | | he was first appointed and ending
on the day before the | 11 | | effective date, except any intervening period during
which he | 12 | | was separated by withdrawal from service, shall be counted for | 13 | | all
purposes of this Article. Only the first year of each | 14 | | period of lay-off or
leave of absence without pay, continuing | 15 | | or extending for a period in excess
of one year, shall be | 16 | | counted as such service.
| 17 | | (b) For a person employed by an employer for whom this | 18 | | Article was in effect
prior to August 1, 1949, from whose | 19 | | salary deductions are first made under
this Article after July | 20 | | 31, 1949, any period of service rendered prior to
the | 21 | | effective date, unless he was in service on the day before the
| 22 | | effective date, shall not be counted as service.
| 23 | | (c) In computing the term of service of an employee |
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| 1 | | subsequent to the day
before the effective date, the following | 2 | | periods of time shall be counted
as periods of service for | 3 | | annuity purposes:
| 4 | | (1) the time during which he performed the duties of | 5 | | his position;
| 6 | | (2) leaves of absence with whole or part pay, and | 7 | | leaves of absence
without pay not longer than 90 days;
| 8 | | (3) leaves of absence without pay that begin before | 9 | | the effective date of this amendatory Act of the 97th | 10 | | General Assembly and during which a participant is
| 11 | | employed full-time by a local labor organization that | 12 | | represents municipal
employees, provided that : | 13 | | (A) the participant continues to make employee
| 14 | | contributions to the Fund as though he were an active | 15 | | employee, based
on the regular salary rate received by | 16 | | the
participant for his municipal employment | 17 | | immediately prior to such leave of
absence (and in the | 18 | | case of such employment prior to December 9, 1987,
| 19 | | pays to the Fund an amount equal to the employee | 20 | | contributions for such
employment plus regular | 21 | | interest thereon as calculated by the board), and
| 22 | | based on his current salary with such labor | 23 | | organization after the
effective date of this | 24 | | amendatory Act of 1991 ; , | 25 | | (B) after January 1, 1989
the participant, or the | 26 | | labor organization on the participant's behalf,
makes |
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| 1 | | contributions to the Fund as though it were the | 2 | | employer, as follows: | 3 | | (i) after January 1, 1989 and prior to levy | 4 | | year 2017, in the same
amount and same manner as | 5 | | specified under this Article, based on the
regular | 6 | | salary rate received by the participant for his | 7 | | municipal
employment immediately prior to such | 8 | | leave of absence, and
based on his current salary | 9 | | with such labor organization after the
effective | 10 | | date of this amendatory Act of 1991 ; | 11 | | (ii) beginning in levy year 2017 and until the | 12 | | effective date of this amendatory Act of the 102nd | 13 | | General Assembly, in an amount equal to the | 14 | | contribution by the participant under subparagraph | 15 | | (A) of this paragraph; and | 16 | | (iii) on and after the effective date of this | 17 | | amendatory Act of the 102nd General Assembly, in | 18 | | an amount equal to the difference between the | 19 | | contribution by the participant under subparagraph | 20 | | (A) of this paragraph and the normal cost, which | 21 | | shall be calculated by the Fund's actuary on an | 22 | | aggregate basis specific to the participant's Tier | 23 | | based on the Fund's most recent actuarial | 24 | | valuation and shall be effective on each July 1 | 25 | | after the Board certifies the amount of the | 26 | | contribution to the participant; , and |
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| 1 | | (C)
the participant does
not receive credit in any | 2 | | pension plan established by the local labor
| 3 | | organization based on his employment by the | 4 | | organization;
| 5 | | (4) 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
| 9 | | condition commonly termed heart attack or stroke or any | 10 | | other condition
falling within the broad field of coronary | 11 | | involvement or heart disease,
or (iii) whole or part pay.
| 12 | | (d) For a person employed by an employer, or the | 13 | | retirement board, in which
"The 1935 Act" was in effect prior | 14 | | to August 1, 1949, from whose salary
deductions are first made | 15 | | under "The 1935 Act" or this Article after July
31, 1949, any | 16 | | period of service rendered subsequent to the effective date
| 17 | | and prior to August 1, 1949, shall not be counted as a period | 18 | | of service
under this Article, except such period for which he | 19 | | made payment, as
provided in Section 11-221 of this Article, | 20 | | in which case such period
shall be counted as a period of | 21 | | service for all annuity purposes hereunder.
| 22 | | (e) In computing the term of service of an employee | 23 | | subsequent to the day
before the effective date for ordinary | 24 | | disability benefit purposes, the
following periods of time | 25 | | shall be counted as periods of service:
| 26 | | (1) any period during which he performed the duties of |
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| 1 | | his position;
| 2 | | (2) leaves of absence with whole or part pay;
| 3 | | (3) any period of disability for which he received (i)
| 4 | | a duty disability benefit under this Article, or (ii) a | 5 | | temporary total
disability benefit under the Workers' | 6 | | Compensation Act if the disability
results from a | 7 | | condition commonly termed heart attack or stroke or any
| 8 | | other condition falling within the broad field of coronary | 9 | | involvement or
heart disease, or (iii) whole or part pay.
| 10 | | However, any period of service rendered by an employee | 11 | | contributor prior to
the date he became a contributor to the | 12 | | fund shall not be counted as a
period of service for ordinary | 13 | | disability purposes, unless the person
made payment for the | 14 | | period as provided in Section 11-221 of this Article, in
which | 15 | | case the period shall be counted as a period of service for | 16 | | ordinary
disability purposes for periods of disability on or | 17 | | after the effective date of
this amendatory Act of 1997.
| 18 | | Overtime or extra service shall not be included in | 19 | | computing any term of
service. Not more than 1 year of service | 20 | | shall be allowed for service
rendered during any calendar | 21 | | year.
| 22 | | For the purposes of this Section, the phrase "any pension | 23 | | plan established by the local labor organization" means any | 24 | | pension plan in which a participant may receive credit as a | 25 | | result of his or her membership in the local labor | 26 | | organization, including, but not limited to, the local labor |
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| 1 | | organization itself and its affiliates at the local, | 2 | | intrastate, State, multi-state, national, or international | 3 | | level. The definition of this phrase is a declaration of | 4 | | existing law and shall not be construed as a new enactment. | 5 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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