Full Text of HB1812 94th General Assembly
HB1812ham001 94TH GENERAL ASSEMBLY
|
Rep. Careen M Gordon
Filed: 5/17/2005
|
|
09400HB1812ham001 |
|
LRB094 03157 AMC 46483 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1812
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1812 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections
2-101, 2-105, 2-117, and 14-103.05 as | 6 |
| follows:
| 7 |
| (40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
| 8 |
| Sec. 2-101. Creation of system. A retirement system is | 9 |
| created to provide
retirement annuities, survivor's annuities | 10 |
| and other benefits for certain
members of the General Assembly, | 11 |
| certain elected state officials , and their
beneficiaries.
| 12 |
| The system shall be known as the "General Assembly | 13 |
| Retirement System".
All its funds and property shall be a trust | 14 |
| separate from all other
entities, maintained for the purpose of | 15 |
| securing payment of annuities and
benefits under this Article.
| 16 |
| Participation in the retirement system created under this | 17 |
| Article is
restricted to persons who become participants before | 18 |
| the effective date of
this amendatory Act of the 94th General | 19 |
| Assembly.
Beginning on that date, the System shall not accept | 20 |
| any new participants.
| 21 |
| (Source: P.A. 83-1440.)
| 22 |
| (40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
| 23 |
| Sec. 2-105. Member. "Member": Members of the General |
|
|
|
09400HB1812ham001 |
- 2 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| Assembly of this
State , including persons who enter military | 2 |
| service while a member of the
General Assembly , and any person | 3 |
| serving as Governor, Lieutenant Governor,
Secretary of State, | 4 |
| Treasurer, Comptroller, or Attorney General for the period
of | 5 |
| service in such office.
| 6 |
| Any person who has served for 10 or more years as Clerk or | 7 |
| Assistant Clerk
of the House of Representatives, Secretary or | 8 |
| Assistant Secretary of the
Senate, or any combination thereof, | 9 |
| may elect to become a member
of this system while thenceforth | 10 |
| engaged in such service by filing a
written election with the | 11 |
| board. Any person so electing shall be
deemed an active member | 12 |
| of the General Assembly for the purpose of validating
and | 13 |
| transferring any service credits earned under any of the funds | 14 |
| and systems
established under Articles 3 through 18 of this | 15 |
| Code.
| 16 |
| Notwithstanding any other provision of this Article, | 17 |
| however, a person
shall not be deemed a member for the purposes | 18 |
| of this Article unless he or she
became a participant of the | 19 |
| System before the effective date of this amendatory
Act of the | 20 |
| 94th General Assembly.
| 21 |
| (Source: P.A. 85-1008.)
| 22 |
| (40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117)
| 23 |
| Sec. 2-117. Participants - Election not to participate.
| 24 |
| (a) Every person who was a member on November 1, 1947, or | 25 |
| in military
service on such date, is subject to the provisions | 26 |
| of this system beginning
upon such date, unless prior to such | 27 |
| date he or she filed with the board a
written notice of | 28 |
| election not to participate.
| 29 |
| Every person who becomes a member after November 1, 1947, | 30 |
| and who is
then not a participant becomes a participant | 31 |
| beginning upon the date of
becoming a member unless, within 24 | 32 |
| months from that date, he or she has
filed with the board a | 33 |
| written notice of election not to participate.
|
|
|
|
09400HB1812ham001 |
- 3 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| (b) A member who has filed notice of an election not to | 2 |
| participate
(and a former member who has not yet begun to | 3 |
| receive a retirement
annuity under this Article) may become a | 4 |
| participant with respect to the period
for which the member | 5 |
| elected not to participate upon filing with the board,
before | 6 |
| April 1, 1993, a written rescission of the election not to | 7 |
| participate.
Upon contributing an amount equal to the | 8 |
| contributions he or she would have
made as a participant from | 9 |
| November 1, 1947, or the date of becoming a member,
whichever | 10 |
| is later, to the date of becoming a participant, with interest | 11 |
| at the
rate of 4% per annum until the contributions are paid, | 12 |
| the participant shall
receive credit for service as a member | 13 |
| prior to the date of the rescission,
both before and after | 14 |
| November 1, 1947. The required contributions shall be
made | 15 |
| before commencement of the retirement annuity; otherwise no | 16 |
| credit for
service prior to the date of participation shall be | 17 |
| granted.
| 18 |
| (c) A participant in this System may at any time elect to | 19 |
| terminate his or her participation in this System and instead | 20 |
| participate in the Article 14 retirement system. This election | 21 |
| is irrevocable.
| 22 |
| (Source: P.A. 86-273; 87-1265.)
| 23 |
| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 24 |
| Sec. 14-103.05. Employee.
| 25 |
| (a) Any person employed by a Department who receives salary
| 26 |
| for personal services rendered to the Department on a warrant
| 27 |
| 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 | 32 |
| employment.
| 33 |
| A person who becomes a constitutional officer or member of |
|
|
|
09400HB1812ham001 |
- 4 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| the
General Assembly on or after
the effective date of this | 2 |
| amendatory Act of the 94th General Assembly
and is not eligible | 3 |
| to participate
in the General Assembly Retirement
System shall | 4 |
| be deemed an employee for purposes of membership in this System
| 5 |
| beginning on the first day of such service. | 6 |
| A person entering service on or after January 1, 1972 and | 7 |
| prior to January
1, 1984 shall become a member as a condition | 8 |
| of employment and shall begin
making contributions as of the | 9 |
| first day of employment.
| 10 |
| A person entering service on or after January 1, 1984 | 11 |
| shall, upon completion
of 6 months of continuous service which | 12 |
| is not interrupted by a break of more
than 2 months, become a | 13 |
| member as a condition of employment. Contributions
shall begin | 14 |
| the first of the month after completion of the qualifying | 15 |
| period.
| 16 |
| The qualifying period of 6 months of service is not | 17 |
| applicable to: (1)
a person who has been granted credit for | 18 |
| service in a position covered by
the State Universities | 19 |
| Retirement System, the Teachers' Retirement System
of the State | 20 |
| of Illinois, the General Assembly Retirement System, or the
| 21 |
| Judges Retirement System of Illinois unless that service has | 22 |
| been forfeited
under the laws of those systems; (2) a person | 23 |
| entering service on or
after July 1, 1991 in a noncovered | 24 |
| position; or (3) a person to whom Section
14-108.2a or | 25 |
| 14-108.2b applies ; or (4) a person who is serving as a | 26 |
| constitutional officer or member of the General Assembly .
| 27 |
| (b) The term "employee" does not include the following:
| 28 |
| (1) persons participating in
members of the State | 29 |
| Legislature, and persons electing to become
members of the | 30 |
| General Assembly Retirement System pursuant to Section | 31 |
| 2-105 ;
| 32 |
| (2) incumbents of offices normally filled by vote of | 33 |
| the people , other
than constitutional officers and members | 34 |
| of the General Assembly ;
|
|
|
|
09400HB1812ham001 |
- 5 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| (3) except as otherwise provided in this Section, any | 2 |
| person
appointed by the Governor with the advice and | 3 |
| consent
of the Senate unless that person elects to | 4 |
| participate in this system;
| 5 |
| (3.1) any person serving as a commissioner of an ethics | 6 |
| commission created under the State Officials and Employees | 7 |
| Ethics Act unless that person elects to participate in this | 8 |
| system with respect to that service as a commissioner;
| 9 |
| (3.2) any person serving as a part-time employee in any | 10 |
| of the following positions: Legislative Inspector General, | 11 |
| Special Legislative Inspector General, employee of the | 12 |
| Office of the Legislative Inspector General, Executive | 13 |
| Director of the Legislative Ethics Commission, or staff of | 14 |
| the Legislative Ethics Commission, regardless of whether | 15 |
| he or she is in active service on or after July 8, 2004 | 16 |
| (the effective date of Public Act 93-685), unless that | 17 |
| person elects to participate in this System with respect to | 18 |
| that service; in this item (3.2), a "part-time employee" is | 19 |
| a person who is not required to work at least 35 hours per | 20 |
| week; | 21 |
| (3.3) any person who has made an election under Section | 22 |
| 1-123 and who is serving either as legal counsel in the | 23 |
| Office of the Governor or as Chief Deputy Attorney General;
| 24 |
| (4) except as provided in Section 14-108.2 or | 25 |
| 14-108.2c, any person
who is covered or eligible to be | 26 |
| covered by the Teachers' Retirement System of
the State of | 27 |
| Illinois, the State Universities Retirement System, or the | 28 |
| Judges
Retirement System of Illinois;
| 29 |
| (5) an employee of a municipality or any other | 30 |
| political subdivision
of the State;
| 31 |
| (6) any person who becomes an employee after June 30, | 32 |
| 1979 as a
public service employment program participant | 33 |
| under the Federal
Comprehensive Employment and Training | 34 |
| Act and whose wages or fringe
benefits are paid in whole or |
|
|
|
09400HB1812ham001 |
- 6 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| in part by funds provided under such Act;
| 2 |
| (7) enrollees of the Illinois Young Adult Conservation | 3 |
| Corps program,
administered by the Department of Natural | 4 |
| Resources, authorized grantee
pursuant to Title VIII of the | 5 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 6 |
| 993, as now or hereafter amended;
| 7 |
| (8) enrollees and temporary staff of programs | 8 |
| administered by the
Department of Natural Resources under | 9 |
| the Youth
Conservation Corps Act of 1970;
| 10 |
| (9) any person who is a member of any professional | 11 |
| licensing or
disciplinary board created under an Act | 12 |
| administered by the Department of
Professional Regulation | 13 |
| or a successor agency or created or re-created
after the | 14 |
| effective date of this amendatory Act of 1997, and who | 15 |
| receives
per diem compensation rather than a salary, | 16 |
| notwithstanding that such per diem
compensation is paid by | 17 |
| warrant issued pursuant to a payroll voucher; such
persons | 18 |
| have never been included in the membership of this System, | 19 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 20 |
| intended to effect any change in
the status of such | 21 |
| persons;
| 22 |
| (10) any person who is a member of the Illinois Health | 23 |
| Care Cost
Containment Council, and receives per diem | 24 |
| compensation rather than a
salary, notwithstanding that | 25 |
| such per diem compensation is paid by warrant
issued | 26 |
| pursuant to a payroll voucher; such persons have never been | 27 |
| included
in the membership of this System, and this | 28 |
| amendatory Act of 1987 is not
intended to effect any change | 29 |
| in the status of such persons;
| 30 |
| (11) any person who is a member of the Oil and Gas | 31 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 32 |
| Act, and receives per diem
compensation rather than a | 33 |
| salary, notwithstanding that such per diem
compensation is | 34 |
| paid by warrant issued pursuant to a payroll voucher; or
|
|
|
|
09400HB1812ham001 |
- 7 - |
LRB094 03157 AMC 46483 a |
|
| 1 |
| (12) a person employed by the State Board of Higher | 2 |
| Education in a position with the Illinois Century Network | 3 |
| as of June 30, 2004, who remains continuously employed | 4 |
| after that date by the Department of Central Management | 5 |
| Services in a position with the Illinois Century Network | 6 |
| and participates in the Article 15 system with respect to | 7 |
| that employment.
| 8 |
| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 9 |
| eff. 7-30-04; 93-1069, eff. 1-15-05.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|