Full Text of HB4591 94th General Assembly
HB4591 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4591
Introduced 01/11/06, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/14-104 |
from Ch. 108 1/2, par. 14-104 |
40 ILCS 5/15-113.3 |
from Ch. 108 1/2, par. 15-113.3 |
40 ILCS 5/16-128 |
from Ch. 108 1/2, par. 16-128 |
40 ILCS 5/17-134 |
from Ch. 108 1/2, par. 17-134 |
30 ILCS 805/8.30 new |
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Amends the Illinois Pension Code. In the Downstate Teacher and Chicago
Teacher Articles, provides that a participant may establish, without paying
contributions, up to 5 years of credit for military service immediately
following employment, and removes certain restrictions relating to wartime.
In those Articles and the State Employee and State Universities Articles,
changes the method of calculating interest when establishing credit for
military service not immediately following employment. Amends the State
Mandates Act to require implementation without reimbursement. Effective
immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4591 |
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| AN ACT in relation to public employee benefits.
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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
14-104, 15-113.3, 16-128, and 17-134 as follows:
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| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | 7 |
| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the | 9 |
| period of
service granted. Except as otherwise provided in this | 10 |
| Section, the
contributions shall be based upon the employee's | 11 |
| compensation and
contribution rate in effect on the date he | 12 |
| last became a member of the
System; provided that for all | 13 |
| employment prior to January 1, 1969 the
contribution rate shall | 14 |
| be that in effect for a noncovered employee on
the date he last | 15 |
| became a member of the System. Except as otherwise provided
in | 16 |
| this Section, contributions permitted under this Section shall | 17 |
| include
regular interest from the date an employee last became | 18 |
| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 20 |
| either in
a lump sum or in installment payments in accordance | 21 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 23 |
| Section
for any period of service, subsequent to the date of | 24 |
| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 26 |
| membership
because of age at entry and subsequently became | 27 |
| eligible may elect to
make contributions as required in this | 28 |
| Section for the period of service
during which he was | 29 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 31 |
| January 1,
1944 but prior to becoming eligible for membership, | 32 |
| received salary from
funds of insurance companies in the |
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| process of rehabilitation,
liquidation, conservation or | 2 |
| dissolution, may elect to make
contributions as required in | 3 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 5 |
| which he
was elected, or rendered service in the elective | 6 |
| office of Clerk of the
Appellate Court prior to the date he | 7 |
| became a member, may make
contributions for such service as | 8 |
| required in this Section. Any member
who served by appointment | 9 |
| of the Governor under the Civil Administrative
Code of Illinois | 10 |
| and did not participate in this System may make
contributions | 11 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 13 |
| any
instrumentality or agency thereof from January 1, 1942 | 14 |
| through November
15, 1946 as the result of a transfer from | 15 |
| State service by executive
order of the President of the United | 16 |
| States shall be entitled to prior
service credit covering the | 17 |
| period from January 1, 1942 through December
31, 1943 as | 18 |
| provided for in this Article and to membership service
credit | 19 |
| for the period from January 1, 1944 through November 15, 1946 | 20 |
| by
making the contributions required in this Section. A person | 21 |
| so employed
on January 1, 1944 but whose employment began after | 22 |
| January 1, 1942 may
qualify for prior service and membership | 23 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 25 |
| Illinois who
performed services for and under the supervision | 26 |
| of that Department
prior to January 1, 1944 but who was | 27 |
| compensated for those services
directly by federal funds and | 28 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 29 |
| State Treasurer may establish credit for such
employment by | 30 |
| making the contributions required in this Section. An
employee | 31 |
| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that | 33 |
| Department
prior to June 1, 1963, but was compensated for those | 34 |
| services directly
by federal funds and not paid by a warrant of | 35 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 36 |
| who did not contribute to any
other public employee retirement |
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| system for such service, may establish
credit for such | 2 |
| employment by making the contributions required in this
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| Section.
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| (g) Any employee who executed a waiver of membership within
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| 60 days prior to January 1, 1944 may, at any time while in the | 6 |
| service of a
department, file with the board a rescission of | 7 |
| such waiver. Upon
making the contributions required by this | 8 |
| Section, the member shall be
granted the creditable service | 9 |
| that would have been received if the
waiver had not been | 10 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a | 12 |
| full-time
basis by a regional planning commission for at least | 13 |
| 5 continuous years may
establish creditable service for such | 14 |
| employment by making the
contributions required under this | 15 |
| Section, provided that any credits earned
by the employee in | 16 |
| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services | 18 |
| to the General
Assembly as a member of a legislative staff may | 19 |
| establish service credit for up
to 8 years of such services by | 20 |
| making the contributions required under this
Section, provided | 21 |
| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 23 |
| this Section,
plus an amount determined by the Board to be | 24 |
| equal to the employer's normal
cost of the benefit plus | 25 |
| interest, but with all of the interest calculated
at the rate | 26 |
| of 5% per year, compounded annually, from the date the employee | 27 |
| last became a member of the System or November 19,
1991, | 28 |
| whichever is later, to the date of payment, an employee may | 29 |
| establish
service credit
for a period of up to 2 years spent in | 30 |
| active military service for which he
does not qualify for | 31 |
| credit under Section 14-105, provided that (1) he was
not | 32 |
| dishonorably discharged from such military service, and (2) the | 33 |
| amount
of service credit established by a member under this | 34 |
| subsection (j), when
added to the amount of military service | 35 |
| credit granted to the member under
subsection (b) of Section | 36 |
| 14-105, shall not exceed 5 years. The changes
change
in the |
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| manner of calculating interest under this subsection (j) made | 2 |
| by Public Act 92-54 and this
amendatory Act of the 94th
92nd | 3 |
| General Assembly apply
applies to credit purchased by an
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| employee on or after their respective
its effective dates and | 5 |
| do
date and does not entitle any person to a
refund of | 6 |
| contributions or interest already paid.
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| (k) An employee who was employed on a full-time basis by | 8 |
| the Illinois
State's Attorneys Association Statewide Appellate | 9 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 10 |
| that project became the State's
Attorneys Appellate Service | 11 |
| Commission, now the Office of the State's
Attorneys Appellate | 12 |
| Prosecutor, an agency of State government, may
establish | 13 |
| creditable service for not more than 60 months service for
such | 14 |
| employment by making contributions required under this | 15 |
| Section.
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| (l) By paying the contributions otherwise required under | 17 |
| this Section,
plus an amount determined by the Board to be | 18 |
| equal to the employer's normal
cost of the benefit plus | 19 |
| interest, a member may establish service credit
for periods of | 20 |
| less than one year spent on authorized leave of absence from
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| service, provided that (1) the period of leave began on or | 22 |
| after January 1,
1982 and (2) any credit established by the | 23 |
| member for the period of leave in
any other public employee | 24 |
| retirement system has been terminated. A member
may establish | 25 |
| service credit under this subsection for more than one period
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| of authorized leave, and in that case the total period of | 27 |
| service credit
established by the member under this subsection | 28 |
| may exceed one year. In
determining the contributions required | 29 |
| for establishing service credit under
this subsection, the | 30 |
| interest shall be calculated from the beginning of the
leave of | 31 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 33 |
| member of
the General Assembly as a worker in the member's | 34 |
| district office may establish
creditable service for up to 3 | 35 |
| years of those contractual services by making
the contributions | 36 |
| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the | 2 |
| required
contribution. To establish credit under this | 3 |
| subsection, the applicant must
apply to the System by March 1, | 4 |
| 1998.
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| (n) Any person who rendered contractual services to a | 6 |
| member of
the General Assembly as a worker providing | 7 |
| constituent services to persons in
the member's district may | 8 |
| establish
creditable service for up to 8 years of those | 9 |
| contractual services by making
the contributions required | 10 |
| under this Section. The System shall determine a
full-time | 11 |
| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the | 13 |
| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative | 15 |
| Staff
Internship Program may establish creditable service for | 16 |
| up to one year
of that participation by making the contribution | 17 |
| required under this Section.
The System shall determine a | 18 |
| full-time salary equivalent for the purpose of
calculating the | 19 |
| required contribution. Credit may not be established under
this | 20 |
| subsection for any period for which service credit is | 21 |
| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under | 23 |
| this Section,
plus an amount determined by the Board to be | 24 |
| equal to the employer's normal
cost of the benefit plus | 25 |
| interest, a member may establish service credit
for a period of | 26 |
| up to 8 years during which he or she was employed by the
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| Visually Handicapped Managers of Illinois in a vending program | 28 |
| operated under
a contractual agreement with the Department of | 29 |
| Rehabilitation Services or its successor agency.
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| This subsection (p) applies without regard to whether the | 31 |
| person was in service on or after the effective date of this | 32 |
| amendatory Act of the 94th General Assembly. In the case of a | 33 |
| person who is receiving a retirement annuity on that effective | 34 |
| date, the increase, if any, shall begin to accrue on the first | 35 |
| annuity payment date following receipt by the System of the | 36 |
| contributions required under this subsection (p).
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| (Source: P.A. 94-612, eff. 8-18-05.)
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| (40 ILCS 5/15-113.3) (from Ch. 108 1/2, par. 15-113.3)
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| Sec. 15-113.3. Service for periods of military service. | 4 |
| "Service for
periods of military service": Those periods, not | 5 |
| exceeding 5 years, during
which a person served in the armed | 6 |
| forces of the United States, of which
all but 2 years must have | 7 |
| immediately followed a period of employment
with an employer | 8 |
| under this System or the State Employees' Retirement
System of | 9 |
| Illinois; provided that the person received a discharge other
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| than dishonorable and again became an employee under this | 11 |
| System within one
year after discharge. However, for the up to | 12 |
| 2 years of military service
not immediately following | 13 |
| employment, the applicant must make contributions
to the System | 14 |
| equal to (1) 8% of the employee's basic compensation on the | 15 |
| last date as a
participating employee prior to such military | 16 |
| service, or on the first date as
a participating employee after | 17 |
| such military service, whichever is greater,
plus (2) an amount | 18 |
| determined by the board to be equal to the employer's normal
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| cost of the benefits accrued for such military service, plus | 20 |
| (3) interest on
items (1) and (2) at the effective rate from | 21 |
| the date the person last became an
employee or November 19, | 22 |
| 1991, whichever is later,
later of the date of first
membership | 23 |
| in the System or the date of conclusion of military service to | 24 |
| the
date of payment. | 25 |
| The change in the manner of calculating interest under this | 26 |
| Section made by
this amendatory Act of the 94th General | 27 |
| Assembly applies to credit purchased by
an employee on or after | 28 |
| its effective date and does not entitle any person to a
refund | 29 |
| of contributions or interest already paid. | 30 |
| The change in the required contribution for purchased
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| military credit made by Public Act 87-1265
this amendatory Act | 32 |
| of 1993 does not entitle any person
to a refund of | 33 |
| contributions already paid. The contributions paid under this
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| Section are not normal contributions as defined in Section | 35 |
| 15-114 or additional
contributions as defined in Section |
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| 15-115.
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| The changes to this Section made by Public Act 87-794
this | 3 |
| amendatory Act of 1991 shall
apply not only to persons who on | 4 |
| or after its effective date are in service
under the System, | 5 |
| but also to persons whose employment terminated prior to
that | 6 |
| date, whether or not the person is an annuitant on that date. | 7 |
| In the
case of an annuitant who applies for credit allowable | 8 |
| under this Section
for a period of military service that did | 9 |
| not immediately follow
employment, and who has made the | 10 |
| required contributions for such credit,
the annuity shall be | 11 |
| recalculated to include the additional service credit,
with the | 12 |
| increase taking effect on the date the System received written
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| notification of the annuitant's intent to purchase the credit, | 14 |
| if
payment of all the required contributions is made within 60 | 15 |
| days of such
notice, or else on the first annuity payment date | 16 |
| following the date of
payment of the required contributions. In | 17 |
| calculating the automatic annual
increase for an annuity that | 18 |
| has been recalculated under this Section, the
increase | 19 |
| attributable to the additional service allowable under Public | 20 |
| Act
87-794
this
amendatory Act of 1991 shall be included in the | 21 |
| calculation of automatic
annual increases accruing after the | 22 |
| effective date of the recalculation.
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| (Source: P.A. 93-347, eff. 7-24-03.)
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| (40 ILCS 5/16-128) (from Ch. 108 1/2, par. 16-128)
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| Sec. 16-128. Creditable service - required contributions.
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| (a) Except as otherwise provided in this Section, in
In | 27 |
| order to receive the creditable service specified under
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| subsection (b) of Section 16-127, a member is required to make | 29 |
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following contributions: | 30 |
| (i) an amount equal to the contributions
which would | 31 |
| have been required had such service been rendered as a | 32 |
| member
under this System; | 33 |
| (ii) for military service not immediately following
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| employment as a teacher and for service established under | 35 |
| subdivision (b)(10) of
Section 16-127, an amount |
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| determined by the Board to be equal to the
employer's | 2 |
| normal cost of the benefits accrued for such service; and | 3 |
| (iii)
interest from the date the contributions would | 4 |
| have been due (or, in the case
of a person establishing | 5 |
| credit for military service under subdivision (b)(3)
of | 6 |
| Section 16-127, the date of first membership in the System, | 7 |
| if that date
is later) to the date of payment, at the | 8 |
| following rate of interest,
compounded annually: for | 9 |
| periods prior to July 1, 1965, regular interest; from
July | 10 |
| 1, 1965 to June 30, 1977, 4% per year; on and after July 1, | 11 |
| 1977, regular
interest.
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| (a-5) Beginning on the effective date of this amendatory | 13 |
| Act of the 94th
General Assembly, a member must pay the | 14 |
| contributions specified in subsection
(a) in order to establish | 15 |
| credit under subdivision (b)(3) of Section 16-127
for any | 16 |
| military service not immediately following employment as a | 17 |
| teacher;
however, contributions are required for a member to | 18 |
| establish credit
for other military service permitted under | 19 |
| subdivision (b)(3) of Section
16-127 only if the period of | 20 |
| military service ends before the effective date
of this | 21 |
| amendatory Act.
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| Beginning on the effective date of this amendatory Act of | 23 |
| the 94th General
Assembly, rather than the interest described | 24 |
| in subdivision (a)(iii), a person
establishing credit for | 25 |
| military service not immediately following employment
as a | 26 |
| teacher under subdivision (b)(3) of Section 16-127 shall pay | 27 |
| interest at
the rate of 5% per year, compounded annually, from | 28 |
| the date the person last
became a participant in this System or | 29 |
| November 19, 1991, whichever is later,
to the date of payment.
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| The changes made by this amendatory Act of the 94th General | 31 |
| Assembly in
the contributions and interest required for | 32 |
| military service credit do not
entitle any person to a refund | 33 |
| of contributions or interest already paid. | 34 |
| (b) In order to receive creditable service under paragraph | 35 |
| (2) of
subsection (b) of Section 16-127 for those who were not | 36 |
| members on June 30,
1963, the minimum required contribution |
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| shall be $420 per year of service
together with interest at 4% | 2 |
| per year compounded annually from July 1,
preceding the date of | 3 |
| membership until June 30, 1977 and at regular
interest | 4 |
| compounded annually thereafter to the date of payment.
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| (c) In determining the contribution required in order to | 6 |
| receive creditable
service under paragraph (3) of subsection | 7 |
| (b) of Section 16-127, the salary
rate for the remainder of the | 8 |
| school term in which a member enters military
service shall be | 9 |
| assumed to be equal to the member's salary rate at the
time of | 10 |
| entering military service. However, for military service not
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| immediately following employment, the salary rate on the last | 12 |
| date as a
participating teacher prior to such military service, | 13 |
| or on the first date
as a participating teacher after such | 14 |
| military service, whichever is
greater, shall be assumed to be | 15 |
| equal to the member's salary rate at the
time of entering | 16 |
| military service. For each school term thereafter, the
member's | 17 |
| salary rate shall be assumed to be 5% higher than the salary | 18 |
| rate
in the previous school term.
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| (d) In determining the contribution required in order to | 20 |
| receive creditable
service under paragraph (5) of subsection | 21 |
| (b) of Section 16-127, a member's
salary rate during the period | 22 |
| for which credit is being established shall be
assumed to be | 23 |
| equal to the member's last salary
rate immediately preceding | 24 |
| that period.
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| (d-5) For each year of service credit to be established | 26 |
| under subsection
(b-1) of Section 16-127, a member is required | 27 |
| to contribute to the System (i)
16.5% of the annual salary rate | 28 |
| during the first year of full-time employment
as a teacher | 29 |
| under this Article following the private school service, plus
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| (ii) interest thereon from the date of first full-time | 31 |
| employment as a teacher
under this Article following the | 32 |
| private school service to the date of payment,
compounded | 33 |
| annually, at the rate of 8.5% per year for periods before the
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| effective date of this amendatory Act of the 92nd General | 35 |
| Assembly, and for
subsequent periods at a rate equal to the | 36 |
| System's actuarially assumed rate of
return on investments.
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| (d-10) For service credit established under paragraph (6) | 2 |
| of subsection (b) of Section 16-127 for days granted by an | 3 |
| employer in excess of the member's normal annual sick leave | 4 |
| allotment, the employer is required to pay the normal cost of | 5 |
| benefits based upon such service credit. This subsection (d-10) | 6 |
| does not apply to sick leave granted to teachers under | 7 |
| contracts or collective bargaining agreements entered into, | 8 |
| amended, or renewed before the effective date of this | 9 |
| amendatory Act of the 94th General Assembly.
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| (e) The contributions required under this Section may be | 11 |
| made from the
date the statement for such creditable service is | 12 |
| issued until retirement
date. All such required contributions | 13 |
| must be made before any retirement
annuity is granted.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| 16 |
| Sec. 17-134. Contributions for leaves of absence; military | 17 |
| service;
computing service. In computing service for pension | 18 |
| purposes the following
periods of service shall stand in lieu | 19 |
| of a like number of years of teaching
service upon payment | 20 |
| therefor in the manner hereinafter provided: (a) time
spent on | 21 |
| a leave of absence granted by the
employer;
(b) service with | 22 |
| teacher or labor organizations based upon special
leaves of | 23 |
| absence therefor granted by an Employer; (c) a maximum of 5 | 24 |
| years
spent in the military service of the United States, of | 25 |
| which up to 2 years
may have been served outside the pension | 26 |
| period; (d) unused sick days at
termination of service to a | 27 |
| maximum of 244 days; (e) time lost due
to layoff and | 28 |
| curtailment of the school term from June 6 through June 21, | 29 |
| 1976;
and (f) time spent after June 30, 1982 as a member of the | 30 |
| Board of Education,
if required to resign from an | 31 |
| administrative or teaching position in order to
qualify as a | 32 |
| member of the Board of Education.
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| (1) For time spent on or after September 6, 1948 on | 34 |
| sabbatical
leaves of absence or sick leaves, for which | 35 |
| salaries are paid, an Employer
shall make payroll |
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| deductions at the applicable rates in effect
during such | 2 |
| periods.
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| (2) For time spent on a leave of absence granted by the | 4 |
| employer for which no salaries are paid,
teachers desiring | 5 |
| credit therefor shall pay the required contributions at the
| 6 |
| rates in effect during such periods as though they were in | 7 |
| teaching service.
If an Employer pays salary for vacations | 8 |
| which occur during a teacher's sick
leave or maternity or | 9 |
| paternity leave without salary, vacation pay for which
the | 10 |
| teacher would have qualified while in active service shall | 11 |
| be considered
part of the teacher's total salary for | 12 |
| pension purposes. No more than 36 months of leave credit | 13 |
| may be
allowed any person during the entire term of | 14 |
| service. Sabbatical leave credit
shall be limited to the | 15 |
| time the person on leave without salary under an
Employer's | 16 |
| rules is allowed to engage in an activity for which he | 17 |
| receives
salary or compensation.
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| (3) For time spent prior to September 6, 1948, on | 19 |
| sabbatical
leaves of absence or sick leaves for which | 20 |
| salaries were paid, teachers
desiring service credit | 21 |
| therefor shall pay the required contributions at the
| 22 |
| maximum applicable rates in effect during such periods.
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| (4) For service with teacher or labor organizations | 24 |
| authorized by special
leaves of absence, for which no | 25 |
| payroll deductions are made by an Employer,
teachers | 26 |
| desiring service credit therefor shall contribute to the | 27 |
| Fund upon
the basis of the actual salary received from such | 28 |
| organizations at the
percentage rates in effect during such | 29 |
| periods for certified positions with
such Employer. To the | 30 |
| extent the actual salary exceeds the regular salary,
which | 31 |
| shall be defined as the salary rate, as calculated by the | 32 |
| Board, in
effect for the teacher's regular position in | 33 |
| teaching service on September 1,
1983 or on the effective | 34 |
| date of the leave with the organization, whichever is
| 35 |
| later, the organization shall pay to the Fund the | 36 |
| employer's normal cost as set
by the Board on the |
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| 1 |
| increment.
| 2 |
| (5) Except as otherwise provides in this paragraph (5), | 3 |
| for
For time spent in the military service, teachers | 4 |
| entitled to and
desiring credit therefor shall contribute | 5 |
| the amount required for each year
of service or fraction | 6 |
| thereof at the rates in force (a) at the date of
| 7 |
| appointment, or (b) on return to teaching service as a | 8 |
| regularly certified
teacher, as the case may be; provided | 9 |
| such rates shall not be less than $450
per year of service. | 10 |
| These conditions shall apply unless an Employer elects
to | 11 |
| and does pay into the Fund the amount which would have been | 12 |
| due from such
person had he been employed as a teacher | 13 |
| during such time. In the case of
credit for military | 14 |
| service not during the pension period, the teacher must
| 15 |
| also pay to the Fund an amount determined by the Board to | 16 |
| be equal to the
employer's normal cost of the benefits | 17 |
| accrued from such service, plus interest
thereon at the | 18 |
| rate of 5% per year, compounded annually, from the date the | 19 |
| teacher last became a participant in this Fund or November | 20 |
| 19, 1991, whichever is later,
of appointment to
the date of | 21 |
| payment.
| 22 |
| Beginning on the effective date of this amendatory Act | 23 |
| of the 94th
General Assembly, the contributions specified | 24 |
| in this paragraph (5) are
required for a member to | 25 |
| establish credit for military service served during
the | 26 |
| pension period only if the period of military service ends | 27 |
| before the
effective date of this amendatory Act of the | 28 |
| 94th General Assembly; however,
a member must pay the | 29 |
| contributions specified in this paragraph (5) in order
to | 30 |
| establish credit for any military service served outside | 31 |
| the pension
period. The changes in the required | 32 |
| contributions and interest for military
service credit | 33 |
| made by this amendatory Act of the 94th General Assembly do | 34 |
| not
entitle any person to a refund of contributions or | 35 |
| interest already paid.
| 36 |
| The changes to this Section made by Public Act 87-795 |
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| shall apply
not only to persons who on or after its | 2 |
| effective
date are in service under the Fund, but also to | 3 |
| persons whose status as a
teacher terminated prior to that | 4 |
| date, whether or not the person is an
annuitant on that | 5 |
| date. In the case of an annuitant who applies for credit
| 6 |
| allowable under this Section for a period of military | 7 |
| service that did not
immediately follow employment, and who | 8 |
| has made the required contributions for
such credit, the | 9 |
| annuity shall be recalculated to include the additional
| 10 |
| service credit, with the increase taking effect on the date | 11 |
| the Fund received
written notification of the annuitant's | 12 |
| intent to purchase the credit, if
payment of all the | 13 |
| required contributions is made within 60 days of such
| 14 |
| notice, or else on the first annuity payment date following | 15 |
| the date of
payment of the required contributions. In | 16 |
| calculating the automatic annual
increase for an annuity | 17 |
| that has been recalculated under this Section, the
increase | 18 |
| attributable to the additional service allowable under | 19 |
| this
amendatory Act of 1991 shall be included in the | 20 |
| calculation of automatic
annual increases accruing after | 21 |
| the effective date of the recalculation.
| 22 |
| The total credit for military service shall not exceed | 23 |
| 5 years, except
that any teacher who on July 1, 1963, had | 24 |
| validated credit for more than 5
years of military service | 25 |
| shall be entitled to the total amount of such credit.
| 26 |
| (6) A maximum of 244 unused sick days credited to his | 27 |
| account
by an Employer on the date of termination of | 28 |
| employment. Members, upon
verification of unused sick | 29 |
| days, may add this service time to total creditable
| 30 |
| service.
| 31 |
| (7) In all cases where time spent on leave is | 32 |
| creditable and
no payroll deductions therefor are made by | 33 |
| an Employer, persons
desiring service credit shall make the | 34 |
| required contributions directly to
the Fund.
| 35 |
| (8) For time lost without pay due to layoff and | 36 |
| curtailment of
the school term from June 6 through June 21, |
|
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| 1976, as provided in item (e) of
the first paragraph of | 2 |
| this Section, persons who were contributors on
the days | 3 |
| immediately preceding such layoff shall receive credit | 4 |
| upon
paying to the Fund a contribution based on the rates | 5 |
| of compensation and
employee contributions in effect at the | 6 |
| time of such layoff, together
with an additional amount | 7 |
| equal to 12.2% of the compensation computed
for such period | 8 |
| of layoff, plus interest on the entire amount at 5% per
| 9 |
| annum from January 1, 1978 to the date of payment. If such | 10 |
| contribution
is paid, salary for pension purposes for any | 11 |
| year in which such a layoff
occurred shall include the | 12 |
| compensation recognized for purposes of
computing that | 13 |
| contribution.
| 14 |
| (9) For time spent after June 30, 1982, as a | 15 |
| nonsalaried member
of the Board of Education, if required | 16 |
| to resign from an administrative or
teaching position in | 17 |
| order to qualify as a member of the Board of
Education, an | 18 |
| administrator or teacher desiring credit therefor shall | 19 |
| pay
the required contributions at the rates and salaries in | 20 |
| effect during such
periods as though the member were in | 21 |
| service.
| 22 |
| Effective September 1, 1974, the interest charged for | 23 |
| validation of
service described in paragraphs (2) through (5) | 24 |
| of this Section shall be
compounded annually at a rate of 5% | 25 |
| commencing one
year after the termination of the leave or | 26 |
| return to service.
| 27 |
| (Source: P.A. 92-599, eff. 6-28-02 .)
| 28 |
| Section 90. The State Mandates Act is amended by adding | 29 |
| Section 8.30 as
follows:
| 30 |
| (30 ILCS 805/8.30 new)
| 31 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 32 |
| of this
Act, no reimbursement by the State is required for the | 33 |
| implementation of
any mandate created by this amendatory Act of | 34 |
| the 94th General Assembly.
|
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|