Full Text of SB3199 93rd General Assembly
SB3199enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to State employees.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 14-103.05 and 18-127 and by adding Section 1-123 as | 6 |
| follows: | 7 |
| (40 ILCS 5/1-123 new) | 8 |
| Sec. 1-123. Service as legal counsel. Notwithstanding any | 9 |
| provision in this Code to the contrary, if a person is a | 10 |
| participant under Article 18 and files a written election by | 11 |
| July 1, 2005 with the Judges Retirement System of Illinois, | 12 |
| then that person may serve either as legal counsel in the | 13 |
| Office of the Governor or as Chief Deputy Attorney General and | 14 |
| (A) no retirement annuity or other benefit of that person under | 15 |
| Article 18 is subject to forfeiture, diminishment, suspension, | 16 |
| or other impairment solely by virtue of that service and (B) | 17 |
| that person does not participate in any pension fund or | 18 |
| retirement system under this Code with respect to that service. | 19 |
| This Section applies without regard to whether the person is in | 20 |
| active service under Article 18 of this Code on or after the | 21 |
| effective date of this amendatory Act of the 93rd General | 22 |
| Assembly.
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| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
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| Sec. 14-103.05. Employee.
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| (a) Any person employed by a Department who receives salary
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| for personal services rendered to the Department on a warrant
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| issued pursuant to a payroll voucher certified by a Department | 28 |
| and drawn
by the State Comptroller upon the State Treasurer, | 29 |
| including an elected
official described in subparagraph (d) of | 30 |
| Section 14-104, shall become
an employee for purpose of | 31 |
| membership in the Retirement System on the
first day of such |
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| employment.
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| A person entering service on or after January 1, 1972 and | 3 |
| prior to January
1, 1984 shall become a member as a condition | 4 |
| of employment and shall begin
making contributions as of the | 5 |
| first day of employment.
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| A person entering service on or after January 1, 1984 | 7 |
| shall, upon completion
of 6 months of continuous service which | 8 |
| is not interrupted by a break of more
than 2 months, become a | 9 |
| member as a condition of employment. Contributions
shall begin | 10 |
| the first of the month after completion of the qualifying | 11 |
| period.
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| The qualifying period of 6 months of service is not | 13 |
| applicable to: (1)
a person who has been granted credit for | 14 |
| service in a position covered by
the State Universities | 15 |
| Retirement System, the Teachers' Retirement System
of the State | 16 |
| of Illinois, the General Assembly Retirement System, or the
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| Judges Retirement System of Illinois unless that service has | 18 |
| been forfeited
under the laws of those systems; (2) a person | 19 |
| entering service on or
after July 1, 1991 in a noncovered | 20 |
| position; or (3) a person to whom Section
14-108.2a or | 21 |
| 14-108.2b applies.
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| (b) The term "employee" does not include the following:
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| (1) members of the State Legislature, and persons | 24 |
| electing to become
members of the General Assembly | 25 |
| Retirement System pursuant to Section 2-105;
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| (2) incumbents of offices normally filled by vote of | 27 |
| the people;
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| (3) except as otherwise provided in this Section, any | 29 |
| person
appointed by the Governor with the advice and | 30 |
| consent
of the Senate unless that person elects to | 31 |
| participate in this system;
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| (3.1) any person serving as a commissioner of an ethics | 33 |
| commission created under the State Officials and Employees | 34 |
| Ethics Act unless that person elects to participate in this | 35 |
| system with respect to that service as a commissioner;
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| (3.2) any person serving as a part-time employee in any |
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| of the following positions: Legislative Inspector General, | 2 |
| Special Legislative Inspector General, employee of the | 3 |
| Office of the Legislative Inspector General, Executive | 4 |
| Director of the Legislative Ethics Commission, or staff of | 5 |
| the Legislative Ethics Commission, regardless of whether | 6 |
| he or she is in active service on or after July 8, 2004 | 7 |
| ( the effective date of Public Act 93-685)
this amendatory | 8 |
| Act of the 93rd General Assembly , unless that person elects | 9 |
| to participate in this System with respect to that service; | 10 |
| in this item (3.2), a "part-time employee" is a person who | 11 |
| is not required to work at least 35 hours per week; | 12 |
| (3.3) any person who has made an election under Section | 13 |
| 1-123 and who is serving either as legal counsel in the | 14 |
| Office of the Governor or as Chief Deputy Attorney General;
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| (4) except as provided in Section 14-108.2 or | 16 |
| 14-108.2c, any person
who is covered or eligible to be | 17 |
| covered by the Teachers' Retirement System of
the State of | 18 |
| Illinois, the State Universities Retirement System, or the | 19 |
| Judges
Retirement System of Illinois;
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| (5) an employee of a municipality or any other | 21 |
| political subdivision
of the State;
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| (6) any person who becomes an employee after June 30, | 23 |
| 1979 as a
public service employment program participant | 24 |
| under the Federal
Comprehensive Employment and Training | 25 |
| Act and whose wages or fringe
benefits are paid in whole or | 26 |
| in part by funds provided under such Act;
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| (7) enrollees of the Illinois Young Adult Conservation | 28 |
| Corps program,
administered by the Department of Natural | 29 |
| Resources, authorized grantee
pursuant to Title VIII of the | 30 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 31 |
| 993, as now or hereafter amended;
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| (8) enrollees and temporary staff of programs | 33 |
| administered by the
Department of Natural Resources under | 34 |
| the Youth
Conservation Corps Act of 1970;
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| (9) any person who is a member of any professional | 36 |
| licensing or
disciplinary board created under an Act |
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| administered by the Department of
Professional Regulation | 2 |
| or a successor agency or created or re-created
after the | 3 |
| effective date of this amendatory Act of 1997, and who | 4 |
| receives
per diem compensation rather than a salary, | 5 |
| notwithstanding that such per diem
compensation is paid by | 6 |
| warrant issued pursuant to a payroll voucher; such
persons | 7 |
| have never been included in the membership of this System, | 8 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 9 |
| intended to effect any change in
the status of such | 10 |
| persons;
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| (10) any person who is a member of the Illinois Health | 12 |
| Care Cost
Containment Council, and receives per diem | 13 |
| compensation rather than a
salary, notwithstanding that | 14 |
| such per diem compensation is paid by warrant
issued | 15 |
| pursuant to a payroll voucher; such persons have never been | 16 |
| included
in the membership of this System, and this | 17 |
| amendatory Act of 1987 is not
intended to effect any change | 18 |
| in the status of such persons;
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| (11) any person who is a member of the Oil and Gas | 20 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 21 |
| Act, and receives per diem
compensation rather than a | 22 |
| salary, notwithstanding that such per diem
compensation is | 23 |
| paid by warrant issued pursuant to a payroll voucher; or
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| (12) a person employed by the State Board of Higher | 25 |
| Education in a position with the Illinois Century Network | 26 |
| as of June 30, 2004, who remains continuously employed | 27 |
| after that date by the Department of Central Management | 28 |
| Services in a position with the Illinois Century Network | 29 |
| and participates in the Article 15 system with respect to | 30 |
| that employment.
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| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 32 |
| eff. 7-30-04; revised 9-8-04.)
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| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
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| Sec. 18-127. Retirement annuity - suspension on | 35 |
| reemployment.
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| (a) A participant receiving a retirement annuity who is | 2 |
| regularly
employed for compensation by an employer other than a | 3 |
| county, in any
capacity, shall have his or her retirement | 4 |
| annuity payments suspended
during such employment. Upon | 5 |
| termination of such employment, retirement
annuity payments at | 6 |
| the previous rate shall be resumed.
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| If such a participant resumes service as a judge, he or she
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| shall receive credit for any additional service. Upon | 9 |
| subsequent
retirement, his or her retirement annuity shall be | 10 |
| the amount previously
granted, plus the amount earned by the | 11 |
| additional judicial service under
the provisions in effect | 12 |
| during the period of such additional service.
However, if the | 13 |
| participant was receiving the maximum rate of annuity at
the | 14 |
| time of re-employment, he or she may elect, in a written | 15 |
| direction
filed with the board, not to receive any additional | 16 |
| service credit during
the period of re-employment. In such | 17 |
| case, contributions shall not be
required during the period of | 18 |
| re-employment. Any such election shall be
irrevocable.
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| (b) Beginning January 1, 1991, any participant receiving a | 20 |
| retirement
annuity who accepts temporary employment from an | 21 |
| employer other than a
county for a period not exceeding 75 | 22 |
| working days in any calendar year
shall not be deemed to be | 23 |
| regularly employed for compensation or to have
resumed service | 24 |
| as a judge for the purposes of this Article. A day shall
be | 25 |
| considered a working day if the annuitant performs on it any of | 26 |
| his
duties under the temporary employment agreement.
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| (c) Except as provided in subsection (a), beginning January | 28 |
| 1, 1993,
retirement annuities shall not be subject to | 29 |
| suspension upon resumption of
employment for an employer, and | 30 |
| any retirement annuity that is then so
suspended shall be | 31 |
| reinstated on that date.
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| (d) The changes made in this Section by this amendatory Act | 33 |
| of 1993
shall apply to judges no longer in service on its | 34 |
| effective date, as well as to
judges serving on or after that | 35 |
| date.
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| (e) A participant receiving a retirement
annuity under this |
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| Article who serves as a part-time employee in any of the | 2 |
| following positions: Legislative Inspector General, Special | 3 |
| Legislative Inspector General, employee of the Office of the | 4 |
| Legislative Inspector General, Executive Director of the | 5 |
| Legislative Ethics Commission, or staff of the Legislative | 6 |
| Ethics Commission, but has not elected to participate in the | 7 |
| Article 14 System with respect to that service, shall not be | 8 |
| deemed to be regularly employed for compensation by an employer | 9 |
| other than a county, nor to have
resumed service as a judge, on | 10 |
| the basis of that service, and the retirement annuity payments | 11 |
| and other benefits of that person under this Code shall not be | 12 |
| suspended, diminished, or otherwise impaired solely as a | 13 |
| consequence of that service. This subsection (e) applies | 14 |
| without regard to whether the person is in service as a judge | 15 |
| under this Article on or after the effective date of this | 16 |
| amendatory Act of the 93rd General Assembly. In this | 17 |
| subsection, a "part-time employee" is a person who is not | 18 |
| required to work at least 35 hours per week.
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| (f) A participant receiving a retirement annuity under this | 20 |
| Article who has made an election under Section 1-123 and who is | 21 |
| serving either as legal counsel in the Office of the Governor | 22 |
| or as Chief Deputy Attorney General shall not be deemed to be | 23 |
| regularly employed for compensation by an employer other than a | 24 |
| county, nor to have resumed service as a judge, on the basis of | 25 |
| that service, and the retirement annuity payments and other | 26 |
| benefits of that person under this Code shall not be suspended, | 27 |
| diminished, or otherwise impaired solely as a consequence of | 28 |
| that service. This subsection (f) applies without regard to | 29 |
| whether the person is in service as a judge under this Article | 30 |
| on or after the effective date of this amendatory Act of the | 31 |
| 93rd General Assembly.
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| (Source: P.A. 93-685, eff. 7-8-04.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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