Full Text of SB1635 94th General Assembly
SB1635 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1635
Introduced 2/23/2005, by Sen. Dave Syverson - J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/18-127 |
from Ch. 108 1/2, par. 18-127 |
705 ILCS 45/2.1 |
from Ch. 37, par. 160.2-1 |
705 ILCS 45/3 |
from Ch. 37, par. 160.3 |
|
Amends the Associate Judges Act. Provides that the chief judge of any circuit may petition the Supreme Court to appoint temporary contractual judges. Provides that if the listed factors are met and there has been shown to be adequate local or State funding, then the Supreme Court may authorize the appointment of one or more temporary contractual judges to help with the backlog of cases. Provides that the temporary contractual judge appointments shall be made from persons who have previously served as associate judges and whose terms have expired. Excepts temporary contractual judges from the retirement age provisions. Amends the Pension Code. Exempts associate judges who have been appointed as temporary contractual judges from the suspension of their retirement annuity payments. Effective immediately.
|
| |
|
|
| JUDICIAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1635 |
|
LRB094 05701 LCB 35752 b |
|
| 1 |
| AN ACT concerning courts.
| 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 changing | 5 |
| Section 18-127 as follows:
| 6 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 7 |
| Sec. 18-127. Retirement annuity - suspension on | 8 |
| reemployment.
| 9 |
| (a) A participant receiving a retirement annuity who is | 10 |
| regularly
employed for compensation by an employer other than a | 11 |
| county, in any
capacity, shall have his or her retirement | 12 |
| annuity payments suspended
during such employment. Upon | 13 |
| termination of such employment, retirement
annuity payments at | 14 |
| the previous rate shall be resumed.
| 15 |
| If such a participant resumes service as a judge, he or she
| 16 |
| shall receive credit for any additional service. Upon | 17 |
| subsequent
retirement, his or her retirement annuity shall be | 18 |
| the amount previously
granted, plus the amount earned by the | 19 |
| additional judicial service under
the provisions in effect | 20 |
| during the period of such additional service.
However, if the | 21 |
| participant was receiving the maximum rate of annuity at
the | 22 |
| time of re-employment, he or she may elect, in a written | 23 |
| direction
filed with the board, not to receive any additional | 24 |
| service credit during
the period of re-employment. In such | 25 |
| case, contributions shall not be
required during the period of | 26 |
| re-employment. Any such election shall be
irrevocable.
| 27 |
| (b) Beginning January 1, 1991, any participant receiving a | 28 |
| retirement
annuity who accepts temporary employment from an | 29 |
| employer other than a
county for a period not exceeding 75 | 30 |
| working days in any calendar year
shall not be deemed to be | 31 |
| regularly employed for compensation or to have
resumed service | 32 |
| as a judge for the purposes of this Article. A day shall
be |
|
|
|
SB1635 |
- 2 - |
LRB094 05701 LCB 35752 b |
|
| 1 |
| considered a working day if the annuitant performs on it any of | 2 |
| his
duties under the temporary employment agreement.
| 3 |
| (c) Except as provided in subsection (a), beginning January | 4 |
| 1, 1993,
retirement annuities shall not be subject to | 5 |
| suspension upon resumption of
employment for an employer, and | 6 |
| any retirement annuity that is then so
suspended shall be | 7 |
| reinstated on that date.
| 8 |
| (d) The changes made in this Section by this amendatory Act | 9 |
| of 1993
shall apply to judges no longer in service on its | 10 |
| effective date, as well as to
judges serving on or after that | 11 |
| date.
| 12 |
| (e) A participant receiving a retirement
annuity under this | 13 |
| Article who serves as a part-time employee in any of the | 14 |
| following positions: Legislative Inspector General, Special | 15 |
| Legislative Inspector General, employee of the Office of the | 16 |
| Legislative Inspector General, Executive Director of the | 17 |
| Legislative Ethics Commission, or staff of the Legislative | 18 |
| Ethics Commission, or associate judges who have been appointed | 19 |
| as temporary contractual judges to help alleviate any existing | 20 |
| backlog of cases as provided in Section 2.1 of the Associate | 21 |
| Judges Act, but has not elected to participate in the Article | 22 |
| 14 System with respect to that service, shall not be deemed to | 23 |
| be regularly employed for compensation by an employer other | 24 |
| than a county, nor to have
resumed service as a judge, on the | 25 |
| basis of that service, and the retirement annuity payments and | 26 |
| other benefits of that person under this Code shall not be | 27 |
| suspended, diminished, or otherwise impaired solely as a | 28 |
| consequence of that service. This subsection (e) applies | 29 |
| without regard to whether the person is in service as a judge | 30 |
| under this Article on or after the effective date of this | 31 |
| amendatory Act of the 93rd General Assembly. In this | 32 |
| subsection, a "part-time employee" is a person who is not | 33 |
| required to work at least 35 hours per week.
| 34 |
| (Source: P.A. 93-685, eff. 7-8-04.)
| 35 |
| Section 10. The Associate Judges Act is amended by changing |
|
|
|
SB1635 |
- 3 - |
LRB094 05701 LCB 35752 b |
|
| 1 |
| Sections 2.1 and 3 as follows:
| 2 |
| (705 ILCS 45/2.1) (from Ch. 37, par. 160.2-1)
| 3 |
| Sec. 2.1. If the maximum number of associate judges | 4 |
| authorized under
Section 2 of this Act is appointed, and the | 5 |
| chief judge of the circuit
considers the
number of associate | 6 |
| judges inadequate, additional associate judges may be
| 7 |
| appointed as provided in this Section 2.1.
| 8 |
| The chief judge of the circuit in which it is desired to | 9 |
| appoint one or
more additional associate or temporary | 10 |
| contractual judges shall file in writing
a petition with the | 11 |
| Supreme Court listing the reasons such circuit
needs the | 12 |
| additional associate or temporary contractual judge
and | 13 |
| detailing what use will be made of each such associate or | 14 |
| temporary contractual judge.
The Supreme Court shall determine | 15 |
| whether a clear need
exists for the additional associate or | 16 |
| temporary contractual judges.
The Supreme Court shall consider | 17 |
| the following factors in making its
determination: (1) case | 18 |
| loads in the circuit; (2) the number of associate
judges, | 19 |
| resident circuit judges ,
temporary contractual, and circuit | 20 |
| judges in the circuit; (3)
the number and location in the | 21 |
| circuit of major federal and state highways;
(4) the location | 22 |
| in the circuit of state police highway truck weighing
stations; | 23 |
| (5) the relationship of urban population to large metropolitan
| 24 |
| centers in the various counties of the circuit; (6) the | 25 |
| location in the
circuit of state institutions including,
but | 26 |
| not limited to, universities, mental health facilities and | 27 |
| penitentiaries;
(7) any other factor deemed relevant by the | 28 |
| Supreme Court.
| 29 |
| If the Supreme Court finds that the factors listed of this | 30 |
| Section 2.1 are met and there has been shown to be adequate | 31 |
| local or State funding, then the Supreme Court may authorize | 32 |
| the chief judge of the circuit to appoint one or more temporary | 33 |
| contractual judges to help with the backlog of cases. The | 34 |
| temporary contractual judge appointments shall be made from | 35 |
| persons who have previously served as associate judges and |
|
|
|
SB1635 |
- 4 - |
LRB094 05701 LCB 35752 b |
|
| 1 |
| whose terms have expired.
| 2 |
| The Supreme Court shall either approve or disapprove the | 3 |
| petition. If
approved, the Supreme Court shall notify in | 4 |
| writing the chief judge
who filed the petition as to the number | 5 |
| of additional associate or temporary contractual judges who
may | 6 |
| be appointed in the circuit. If the Supreme Court disapproves, | 7 |
| it need
not state its reasons therefor.
| 8 |
| The maximum number of associate judges appointed under the | 9 |
| provisions of
this Section 2.1 shall not exceed 50 throughout | 10 |
| the state. There is no
limit within this maximum figure on the | 11 |
| number of associate judges or temporary contractual that may
be | 12 |
| appointed pursuant to this Section 2.1 in any particular | 13 |
| circuit.
| 14 |
| (Source: P.A. 84-1395.)
| 15 |
| (705 ILCS 45/3) (from Ch. 37, par. 160.3)
| 16 |
| Sec. 3. Associate judges shall be retired at the same age | 17 |
| as that set
by law for judges , unless retained as temporary | 18 |
| contractual judges pursuant to Section 2.1 of this Act .
| 19 |
| (Source: P.A. 79-687; 79-1360.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|