Full Text of SB2162 99th General Assembly
SB2162 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2162 Introduced 7/28/2015, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/7-114 | from Ch. 108 1/2, par. 7-114 |
40 ILCS 5/15-111 | from Ch. 108 1/2, par. 15-111 |
40 ILCS 5/16-121 | from Ch. 108 1/2, par. 16-121 |
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Amends the Illinois Municipal Retirement Fund (IMRF), State Universities, and Downstate Teacher Articles of the Illinois Pension Code. In the IMRF and State Universities Articles, provides that for a person who first becomes a participant on or after the effective date of the amendatory Act, "earnings" does not include amounts associated with a housing allowance or vehicle allowance payable to an employee. In the Downstate Teacher Article, provides that for a person who first becomes a member on or after the effective date of the amendatory Act, "salary" does not include amounts associated with a housing allowance or vehicle allowance payable to a teacher. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2162 | | LRB099 13307 RPS 37224 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 changing | 5 | | Sections 7-114, 15-111, and 16-121 as follows:
| 6 | | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been
held unconstitutional)
| 9 | | Sec. 7-114. Earnings. "Earnings":
| 10 | | (a) An amount to be determined by the board, equal to the | 11 | | sum of:
| 12 | | 1. The total amount of money paid to an employee for | 13 | | personal
services or official duties as an employee (except | 14 | | those employed as
independent contractors) paid out of the | 15 | | general fund, or out of any
special funds controlled by the | 16 | | municipality, or by any instrumentality
thereof, or | 17 | | participating instrumentality, including compensation, | 18 | | fees,
allowances (but not including amounts associated | 19 | | with a housing allowance or automobile allowance payable to | 20 | | an employee who first becomes a participant on or after the | 21 | | effective date of this amendatory Act of the 99th General | 22 | | Assembly) , or other emolument paid for official duties (but | 23 | | not
including automobile maintenance, travel expense, or |
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| 1 | | reimbursements for
expenditures incurred in the | 2 | | performance of duties) and, for fee
offices, the fees or | 3 | | earnings of the offices to the extent such fees are
paid | 4 | | out of funds controlled by the municipality, or | 5 | | instrumentality or
participating instrumentality; and
| 6 | | 2. The money value, as determined by rules prescribed | 7 | | by the
governing body of the municipality, or | 8 | | instrumentality thereof, of any
board, lodging, fuel, | 9 | | laundry, and other allowances provided an employee
in lieu | 10 | | of money.
| 11 | | (b) For purposes of determining benefits payable under this | 12 | | fund
payments to a person who is engaged in an independently | 13 | | established
trade, occupation, profession or business and who | 14 | | is paid for his
service on a basis other than a monthly or | 15 | | other regular salary, are not
earnings.
| 16 | | (c) If a disabled participating employee is eligible to | 17 | | receive Workers'
Compensation for an accidental injury and the | 18 | | participating municipality or
instrumentality which employed | 19 | | the participating employee when injured
continues to pay the | 20 | | participating employee regular salary or other
compensation or | 21 | | pays the employee an amount in excess of the Workers'
| 22 | | Compensation amount, then earnings shall be deemed to be the | 23 | | total payments,
including an amount equal to the Workers' | 24 | | Compensation payments. These
payments shall be subject to | 25 | | employee contributions and allocated as if paid to
the | 26 | | participating employee when the regular payroll amounts would |
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| 1 | | have been
paid if the participating employee had continued | 2 | | working, and creditable
service shall be awarded for this | 3 | | period.
| 4 | | (d) If an elected official who is a participating employee | 5 | | becomes disabled
but does not resign and is not removed from | 6 | | office, then earnings shall include
all salary payments made | 7 | | for the remainder of that term of office and the
official shall | 8 | | be awarded creditable service for the term of office.
| 9 | | (e) If a participating employee is paid pursuant to "An Act | 10 | | to provide for
the continuation of compensation for law | 11 | | enforcement officers, correctional
officers and firemen who | 12 | | suffer disabling injury in the line of duty", approved
| 13 | | September 6, 1973, as amended, the payments shall be deemed | 14 | | earnings, and the
participating employee shall be awarded | 15 | | creditable service for this period.
| 16 | | (f) Additional compensation received by a person while | 17 | | serving as a
supervisor of assessments, assessor, deputy | 18 | | assessor or member of a board of
review from the State of | 19 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | 20 | | Code shall not be
earnings for purposes of this Article and | 21 | | shall not be included in the
contribution formula or | 22 | | calculation of benefits for such person pursuant to
this | 23 | | Article.
| 24 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
| 25 | | (40 ILCS 5/15-111) (from Ch. 108 1/2, par. 15-111)
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| 1 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 2 | | which has been held unconstitutional)
| 3 | | Sec. 15-111. Earnings.
| 4 | | (a) "Earnings": An amount paid for personal services equal | 5 | | to the sum of
the basic compensation plus extra compensation | 6 | | for summer teaching,
overtime or other extra service. For | 7 | | periods for which an employee receives
service credit under | 8 | | subsection (c) of Section 15-113.1 or Section 15-113.2,
| 9 | | earnings are equal to the basic compensation on which | 10 | | contributions are
paid by the employee during such periods. | 11 | | Compensation for employment which is
irregular, intermittent | 12 | | and temporary shall not be considered earnings, unless
the | 13 | | participant is also receiving earnings from the employer as an | 14 | | employee
under Section 15-107. For an employee who first | 15 | | becomes a participant on or after the effective date of this | 16 | | amendatory Act of the 99th General Assembly, "earnings" does | 17 | | not include amounts associated with a housing allowance or | 18 | | vehicle allowance payable to an employee.
| 19 | | With respect to transition pay paid by the University of | 20 | | Illinois to a
person who was a participating employee employed | 21 | | in the fire department of
the University of Illinois's | 22 | | Champaign-Urbana campus immediately prior to
the elimination | 23 | | of that fire department:
| 24 | | (1) "Earnings" includes transition pay paid to the | 25 | | employee on or after
the effective date of this amendatory | 26 | | Act of the 91st General Assembly.
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| 1 | | (2) "Earnings" includes transition pay paid to the | 2 | | employee before the
effective date of this amendatory Act | 3 | | of the 91st General Assembly only if (i)
employee | 4 | | contributions under Section 15-157 have been withheld from | 5 | | that
transition pay or (ii) the employee pays to the System | 6 | | before January 1, 2001
an amount representing employee | 7 | | contributions under Section 15-157 on that
transition pay. | 8 | | Employee contributions under item (ii) may be paid in a | 9 | | lump
sum, by withholding from additional transition pay | 10 | | accruing before January 1,
2001, or in any other manner | 11 | | approved by the System. Upon payment of the
employee | 12 | | contributions on transition pay, the corresponding | 13 | | employer
contributions become an obligation of the State.
| 14 | | (b) For a Tier 2 member, the annual earnings shall not | 15 | | exceed $106,800; however, that amount shall annually | 16 | | thereafter be increased by the lesser of (i) 3% of that amount, | 17 | | including all previous adjustments, or (ii) one half the annual | 18 | | unadjusted percentage increase (but not less than zero) in the | 19 | | consumer price index-u for the 12 months ending with the | 20 | | September preceding each November 1, including all previous | 21 | | adjustments. | 22 | | For the purposes of this Section, "consumer price index u" | 23 | | means the index published by the Bureau of Labor Statistics of | 24 | | the United States Department of Labor that measures the average | 25 | | change in prices of goods and services purchased by all urban | 26 | | consumers, United States city average, all items, 1982-84 = |
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| 1 | | 100. The new amount resulting from each annual adjustment shall | 2 | | be determined by the Public Pension Division of the Department | 3 | | of Insurance and made available to the boards of the retirement | 4 | | systems and pension funds by November 1 of each year. | 5 | | (Source: P.A. 98-92, eff. 7-16-13.)
| 6 | | (40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been held unconstitutional)
| 9 | | Sec. 16-121. Salary. "Salary": The actual compensation | 10 | | received by a teacher during any
school year and recognized by | 11 | | the system in accordance with
rules of the board. For purposes | 12 | | of this Section, "school year" includes
the regular school term | 13 | | plus any additional period for which a teacher is
compensated | 14 | | and such compensation is recognized by the rules of the board.
| 15 | | For a person who first becomes a member on or after the | 16 | | effective date of this amendatory Act of the 99th General | 17 | | Assembly, "salary" does not include amounts associated with a | 18 | | housing allowance or vehicle allowance payable to a teacher. | 19 | | (Source: P.A. 84-1028.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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