Full Text of SB0036 94th General Assembly
SB0036ham001 94TH GENERAL ASSEMBLY
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Personnel and Pensions Committee
Adopted in House Comm. on Nov 16, 2006
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LRB094 04134 AMC 60479 a |
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| AMENDMENT TO SENATE BILL 36
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| AMENDMENT NO. ______. Amend Senate Bill 36 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections
14-103.05, 14-104, 16-106, 16-158, and | 6 |
| 17-133 as follows:
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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.
| 9 |
| (a) Any person employed by a Department who receives salary
| 10 |
| for personal services rendered to the Department on a warrant
| 11 |
| issued pursuant to a payroll voucher certified by a Department | 12 |
| and drawn
by the State Comptroller upon the State Treasurer, | 13 |
| including an elected
official described in subparagraph (d) of | 14 |
| Section 14-104, shall become
an employee for purpose of | 15 |
| membership in the Retirement System on the
first day of such | 16 |
| employment.
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| A person entering service on or after January 1, 1972 and | 18 |
| prior to January
1, 1984 shall become a member as a condition | 19 |
| of employment and shall begin
making contributions as of the | 20 |
| first day of employment.
| 21 |
| A person entering service on or after January 1, 1984 | 22 |
| shall, upon completion
of 6 months of continuous service which | 23 |
| is not interrupted by a break of more
than 2 months, become a | 24 |
| member as a condition of employment. Contributions
shall begin |
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| the first of the month after completion of the qualifying | 2 |
| period.
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| The qualifying period of 6 months of service is not | 4 |
| applicable to: (1)
a person who has been granted credit for | 5 |
| service in a position covered by
the State Universities | 6 |
| Retirement System, the Teachers' Retirement System
of the State | 7 |
| of Illinois, the General Assembly Retirement System, or the
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| Judges Retirement System of Illinois unless that service has | 9 |
| been forfeited
under the laws of those systems; (2) a person | 10 |
| entering service on or
after July 1, 1991 in a noncovered | 11 |
| position; or (3) a person to whom Section
14-108.2a or | 12 |
| 14-108.2b applies.
| 13 |
| (b) The term "employee" does not include the following:
| 14 |
| (1) members of the State Legislature, and persons | 15 |
| electing to become
members of the General Assembly | 16 |
| Retirement System pursuant to Section 2-105;
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| (2) incumbents of offices normally filled by vote of | 18 |
| the people;
| 19 |
| (3) except as otherwise provided in this Section, any | 20 |
| person
appointed by the Governor with the advice and | 21 |
| consent
of the Senate unless that person elects to | 22 |
| participate in this system;
| 23 |
| (3.1) any person serving as a commissioner of an ethics | 24 |
| commission created under the State Officials and Employees | 25 |
| Ethics Act unless that person elects to participate in this | 26 |
| 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 | 28 |
| of the following positions: Legislative Inspector General, | 29 |
| Special Legislative Inspector General, employee of the | 30 |
| Office of the Legislative Inspector General, Executive | 31 |
| Director of the Legislative Ethics Commission, or staff of | 32 |
| the Legislative Ethics Commission, regardless of whether | 33 |
| he or she is in active service on or after July 8, 2004 | 34 |
| (the effective date of Public Act 93-685), unless that |
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| person elects to participate in this System with respect to | 2 |
| that service; in this item (3.2), a "part-time employee" is | 3 |
| a person who is not required to work at least 35 hours per | 4 |
| week; | 5 |
| (3.3) any person who has made an election under Section | 6 |
| 1-123 and who is serving either as legal counsel in the | 7 |
| Office of the Governor or as Chief Deputy Attorney General;
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| (4) except as provided in Section 14-108.2 or | 9 |
| 14-108.2c, any person
who is covered or eligible to be | 10 |
| covered by the Teachers' Retirement System of
the State of | 11 |
| Illinois, the State Universities Retirement System, or the | 12 |
| Judges
Retirement System of Illinois;
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| (5) an employee of a municipality or any other | 14 |
| political subdivision
of the State;
| 15 |
| (6) any person who becomes an employee after June 30, | 16 |
| 1979 as a
public service employment program participant | 17 |
| under the Federal
Comprehensive Employment and Training | 18 |
| Act and whose wages or fringe
benefits are paid in whole or | 19 |
| in part by funds provided under such Act;
| 20 |
| (7) enrollees of the Illinois Young Adult Conservation | 21 |
| Corps program,
administered by the Department of Natural | 22 |
| Resources, authorized grantee
pursuant to Title VIII of the | 23 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 24 |
| 993, as now or hereafter amended;
| 25 |
| (8) enrollees and temporary staff of programs | 26 |
| administered by the
Department of Natural Resources under | 27 |
| the Youth
Conservation Corps Act of 1970;
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| (9) any person who is a member of any professional | 29 |
| licensing or
disciplinary board created under an Act | 30 |
| administered by the Department of
Professional Regulation | 31 |
| or a successor agency or created or re-created
after the | 32 |
| effective date of this amendatory Act of 1997, and who | 33 |
| receives
per diem compensation rather than a salary, | 34 |
| notwithstanding that such per diem
compensation is paid by |
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| warrant issued pursuant to a payroll voucher; such
persons | 2 |
| have never been included in the membership of this System, | 3 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 4 |
| intended to effect any change in
the status of such | 5 |
| persons;
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| (10) any person who is a member of the Illinois Health | 7 |
| Care Cost
Containment Council, and receives per diem | 8 |
| compensation rather than a
salary, notwithstanding that | 9 |
| such per diem compensation is paid by warrant
issued | 10 |
| pursuant to a payroll voucher; such persons have never been | 11 |
| included
in the membership of this System, and this | 12 |
| amendatory Act of 1987 is not
intended to effect any change | 13 |
| in the status of such persons;
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| (11) any person who is a member of the Oil and Gas | 15 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 16 |
| Act, and receives per diem
compensation rather than a | 17 |
| salary, notwithstanding that such per diem
compensation is | 18 |
| paid by warrant issued pursuant to a payroll voucher; or
| 19 |
| (12) a person employed by the State Board of Higher | 20 |
| Education in a position with the Illinois Century Network | 21 |
| as of June 30, 2004, who remains continuously employed | 22 |
| after that date by the Department of Central Management | 23 |
| Services in a position with the Illinois Century Network | 24 |
| and participates in the Article 15 system with respect to | 25 |
| that employment.
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| (c) An individual who represents or is employed as an | 27 |
| officer or employee of a statewide labor organization that | 28 |
| represents members of this System may participate in the System | 29 |
| and shall be deemed an employee, provided that (1) the | 30 |
| individual has previously earned creditable service under this | 31 |
| Article, (2) the individual files with the System an | 32 |
| irrevocable election to become a participant within 6 months | 33 |
| after the effective date of this amendatory Act of the 94th | 34 |
| General Assembly, and (3) the individual does not receive |
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| credit for that employment under any other provisions of this | 2 |
| Code. An employee under this subsection (c) is responsible for | 3 |
| paying to the System both (i) employee contributions based on | 4 |
| the actual compensation received for service with the labor | 5 |
| organization and (ii) employer contributions based on the | 6 |
| percentage of payroll certified by the board; all or any part | 7 |
| of these contributions may be paid on the employee's behalf or | 8 |
| picked up for tax purposes (if authorized under federal law) by | 9 |
| the labor organization. | 10 |
| A person who is an employee as defined in this subsection | 11 |
| (c) may establish service credit for similar employment prior | 12 |
| to becoming an employee under this subsection by paying to the | 13 |
| System for that employment the contributions specified in this | 14 |
| subsection, plus interest at the effective rate from the date | 15 |
| of service to the date of payment. However, credit shall not be | 16 |
| granted under this subsection (c) for any such prior employment | 17 |
| for which the applicant received credit under any other | 18 |
| provision of this Code or during which the applicant was on a | 19 |
| leave of absence.
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| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 21 |
| eff. 7-30-04; 93-1069, eff. 1-15-05.)
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| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
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| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the | 25 |
| period of
service granted. Except as otherwise provided in this | 26 |
| Section, the
contributions shall be based upon the employee's | 27 |
| compensation and
contribution rate in effect on the date he | 28 |
| last became a member of the
System; provided that for all | 29 |
| employment prior to January 1, 1969 the
contribution rate shall | 30 |
| be that in effect for a noncovered employee on
the date he last | 31 |
| became a member of the System. Except as otherwise provided
in | 32 |
| this Section, contributions permitted under this Section shall | 33 |
| include
regular interest from the date an employee last became |
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| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 3 |
| either in
a lump sum or in installment payments in accordance | 4 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 6 |
| Section
for any period of service, subsequent to the date of | 7 |
| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 9 |
| membership
because of age at entry and subsequently became | 10 |
| eligible may elect to
make contributions as required in this | 11 |
| Section for the period of service
during which he was | 12 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 14 |
| January 1,
1944 but prior to becoming eligible for membership, | 15 |
| received salary from
funds of insurance companies in the | 16 |
| process of rehabilitation,
liquidation, conservation or | 17 |
| dissolution, may elect to make
contributions as required in | 18 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 20 |
| which he
was elected, or rendered service in the elective | 21 |
| office of Clerk of the
Appellate Court prior to the date he | 22 |
| became a member, may make
contributions for such service as | 23 |
| required in this Section. Any member
who served by appointment | 24 |
| of the Governor under the Civil Administrative
Code of Illinois | 25 |
| and did not participate in this System may make
contributions | 26 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 28 |
| any
instrumentality or agency thereof from January 1, 1942 | 29 |
| through November
15, 1946 as the result of a transfer from | 30 |
| State service by executive
order of the President of the United | 31 |
| States shall be entitled to prior
service credit covering the | 32 |
| period from January 1, 1942 through December
31, 1943 as | 33 |
| provided for in this Article and to membership service
credit | 34 |
| for the period from January 1, 1944 through November 15, 1946 |
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| by
making the contributions required in this Section. A person | 2 |
| so employed
on January 1, 1944 but whose employment began after | 3 |
| January 1, 1942 may
qualify for prior service and membership | 4 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 6 |
| Illinois who
performed services for and under the supervision | 7 |
| of that Department
prior to January 1, 1944 but who was | 8 |
| compensated for those services
directly by federal funds and | 9 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 10 |
| State Treasurer may establish credit for such
employment by | 11 |
| making the contributions required in this Section. An
employee | 12 |
| of the Department of Agriculture of the State of Illinois, who
| 13 |
| performed services for and under the supervision of that | 14 |
| Department
prior to June 1, 1963, but was compensated for those | 15 |
| services directly
by federal funds and not paid by a warrant of | 16 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 17 |
| who did not contribute to any
other public employee retirement | 18 |
| system for such service, may establish
credit for such | 19 |
| 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
| 22 |
| 60 days prior to January 1, 1944 may, at any time while in the | 23 |
| service of a
department, file with the board a rescission of | 24 |
| such waiver. Upon
making the contributions required by this | 25 |
| Section, the member shall be
granted the creditable service | 26 |
| that would have been received if the
waiver had not been | 27 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a | 29 |
| full-time
basis by a regional planning commission for at least | 30 |
| 5 continuous years may
establish creditable service for such | 31 |
| employment by making the
contributions required under this | 32 |
| Section, provided that any credits earned
by the employee in | 33 |
| the commission's retirement plan have been terminated.
| 34 |
| (i) Any person who rendered full time contractual services |
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| to the General
Assembly as a member of a legislative staff may | 2 |
| establish service credit for up
to 8 years of such services by | 3 |
| making the contributions required under this
Section, provided | 4 |
| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 6 |
| this Section,
plus an amount determined by the Board to be | 7 |
| equal to the employer's normal
cost of the benefit plus | 8 |
| interest, but with all of the interest calculated
from the date | 9 |
| the employee last became a member of the System or November 19,
| 10 |
| 1991, whichever is later, to the date of payment, an employee | 11 |
| may establish
service credit
for a period of up to 2 years | 12 |
| spent in active military service for which he
does not qualify | 13 |
| for credit under Section 14-105, provided that (1) he was
not | 14 |
| dishonorably discharged from such military service, and (2) the | 15 |
| amount
of service credit established by a member under this | 16 |
| subsection (j), when
added to the amount of military service | 17 |
| credit granted to the member under
subsection (b) of Section | 18 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 19 |
| calculating interest under this subsection (j) made by this
| 20 |
| amendatory Act of the 92nd General Assembly applies to credit | 21 |
| purchased by an
employee on or after its effective date and | 22 |
| does not entitle any person to a
refund of contributions or | 23 |
| interest already paid.
| 24 |
| (k) An employee who was employed on a full-time basis by | 25 |
| the Illinois
State's Attorneys Association Statewide Appellate | 26 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 27 |
| that project became the State's
Attorneys Appellate Service | 28 |
| Commission, now the Office of the State's
Attorneys Appellate | 29 |
| Prosecutor, an agency of State government, may
establish | 30 |
| creditable service for not more than 60 months service for
such | 31 |
| employment by making contributions required under this | 32 |
| Section.
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| (l) By paying the contributions otherwise required under | 34 |
| this Section,
plus an amount determined by the Board to be |
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| equal to the employer's normal
cost of the benefit plus | 2 |
| interest, a member may establish service credit
for periods of | 3 |
| less than one year spent on authorized leave of absence from
| 4 |
| service, provided that (1) the period of leave began on or | 5 |
| after January 1,
1982 and (2) any credit established by the | 6 |
| member for the period of leave in
any other public employee | 7 |
| retirement system has been terminated. A member
may establish | 8 |
| service credit under this subsection for more than one period
| 9 |
| of authorized leave, and in that case the total period of | 10 |
| service credit
established by the member under this subsection | 11 |
| may exceed one year. In
determining the contributions required | 12 |
| for establishing service credit under
this subsection, the | 13 |
| interest shall be calculated from the beginning of the
leave of | 14 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 16 |
| member of
the General Assembly as a worker in the member's | 17 |
| district office may establish
creditable service for up to 3 | 18 |
| years of those contractual services by making
the contributions | 19 |
| required under this Section. The System shall determine a
| 20 |
| full-time salary equivalent for the purpose of calculating the | 21 |
| required
contribution. To establish credit under this | 22 |
| subsection, the applicant must
apply to the System by March 1, | 23 |
| 1998.
| 24 |
| (n) Any person who rendered contractual services to a | 25 |
| member of
the General Assembly as a worker providing | 26 |
| constituent services to persons in
the member's district may | 27 |
| establish
creditable service for up to 8 years of those | 28 |
| contractual services by making
the contributions required | 29 |
| under this Section. The System shall determine a
full-time | 30 |
| salary equivalent for the purpose of calculating the required
| 31 |
| contribution. To establish credit under this subsection, the | 32 |
| applicant must
apply to the System by March 1, 1998.
| 33 |
| (o) A member who participated in the Illinois Legislative | 34 |
| Staff
Internship Program may establish creditable service for |
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| up to one year
of that participation by making the contribution | 2 |
| required under this Section.
The System shall determine a | 3 |
| full-time salary equivalent for the purpose of
calculating the | 4 |
| required contribution. Credit may not be established under
this | 5 |
| subsection for any period for which service credit is | 6 |
| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under | 8 |
| this Section,
plus an amount determined by the Board to be | 9 |
| equal to the employer's normal
cost of the benefit plus | 10 |
| interest, a member may establish service credit
for a period of | 11 |
| up to 8 years during which he or she was employed by the
| 12 |
| Visually Handicapped Managers of Illinois in a vending program | 13 |
| operated under
a contractual agreement with the Department of | 14 |
| Rehabilitation Services or its successor agency.
| 15 |
| This subsection (p) applies without regard to whether the | 16 |
| person was in service on or after the effective date of this | 17 |
| amendatory Act of the 94th General Assembly. In the case of a | 18 |
| person who is receiving a retirement annuity on that effective | 19 |
| date, the increase, if any, shall begin to accrue on the first | 20 |
| annuity payment date following receipt by the System of the | 21 |
| contributions required under this subsection (p).
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| (q) By paying the required contributions under this | 23 |
| Section, plus an amount determined by the Board to be equal to | 24 |
| the employer's normal cost of the benefit plus interest, an | 25 |
| employee who was laid off but returned to State employment | 26 |
| under circumstances in which the employee is considered to have | 27 |
| been in continuous service for purposes of determining | 28 |
| seniority may establish creditable service for the period of | 29 |
| the layoff, provided that (1) the applicant applies for the | 30 |
| creditable service under this subsection (q) within 6 months | 31 |
| after the effective date of this amendatory Act of the 94th | 32 |
| General Assembly, (2) the applicant does not receive credit for | 33 |
| that period under any other provision of this Code, (3) at the | 34 |
| time of the layoff, the applicant is not in an initial |
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| probationary status consistent with the rules of the Department | 2 |
| of Central Management Services, and (4) the total amount of | 3 |
| creditable service established by the applicant under this | 4 |
| subsection (q) does not exceed 3 years. For service established | 5 |
| under this subsection (q), the required employee contribution | 6 |
| shall be based on the rate of compensation earned by the | 7 |
| employee on the date of returning to employment after the | 8 |
| layoff and the contribution rate then in effect, and the | 9 |
| required interest shall be calculated from the date of | 10 |
| returning to employment after the layoff to the date of | 11 |
| payment.
| 12 |
| (Source: P.A. 94-612, eff. 8-18-05.)
| 13 |
| (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 14 |
| Sec. 16-106. Teacher. "Teacher": The following | 15 |
| individuals, provided
that, for employment prior to July 1, | 16 |
| 1990, they are employed on a
full-time basis, or if not | 17 |
| full-time, on a permanent and continuous basis
in a position in | 18 |
| which services are expected to be rendered for at least
one | 19 |
| school term:
| 20 |
| (1) Any educational, administrative, professional or | 21 |
| other staff employed
in the public common schools included | 22 |
| within this system in a position
requiring certification | 23 |
| under the law governing the certification of
teachers;
| 24 |
| (2) Any educational, administrative, professional or | 25 |
| other staff employed
in any facility of the Department of | 26 |
| Children and Family Services or the
Department of Human | 27 |
| Services, in a position requiring certification under
the | 28 |
| law governing the certification of teachers, and any person | 29 |
| who (i)
works in such a position for the Department of | 30 |
| Corrections, (ii) was a member
of this System on May 31, | 31 |
| 1987, and (iii) did not elect to become a member of
the | 32 |
| State Employees' Retirement System pursuant to Section | 33 |
| 14-108.2 of this
Code; except that "teacher" does not |
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| include any person who (A) becomes
a security employee of | 2 |
| the Department of Human Services, as defined in
Section | 3 |
| 14-110, after June 28, 2001 (the effective date of Public | 4 |
| Act
92-14), or (B) becomes a member of the State Employees'
| 5 |
| Retirement System pursuant to Section 14-108.2c of this | 6 |
| Code;
| 7 |
| (3) Any regional superintendent of schools, assistant | 8 |
| regional
superintendent of schools, State Superintendent | 9 |
| of Education; any person
employed by the State Board of | 10 |
| Education as an executive; any executive of
the boards | 11 |
| engaged in the service of public common school education in
| 12 |
| school districts covered under this system of which the | 13 |
| State
Superintendent of Education is an ex-officio member;
| 14 |
| (4) Any employee of a school board association | 15 |
| operating in compliance
with Article 23 of the School Code | 16 |
| who is certificated under the law
governing the | 17 |
| certification of teachers;
| 18 |
| (5) Any person employed by the retirement system
who:
| 19 |
| (i) was an employee of and a participant in the | 20 |
| system on August 17,
2001 (the effective date of Public | 21 |
| Act 92-416), or
| 22 |
| (ii) becomes an employee of the system on or after | 23 |
| August 17, 2001;
| 24 |
| (6) Any educational, administrative, professional or | 25 |
| other staff
employed by and under the supervision and | 26 |
| control of a regional
superintendent of schools, provided | 27 |
| such employment position requires the
person to be | 28 |
| certificated under the law governing the certification of
| 29 |
| teachers and is in an educational program serving 2 or more | 30 |
| districts in
accordance with a joint agreement authorized | 31 |
| by the School Code or by federal
legislation;
| 32 |
| (7) Any educational, administrative, professional or | 33 |
| other staff employed
in an educational program serving 2 or | 34 |
| more school districts in accordance
with a joint agreement |
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| authorized by the School Code or by federal
legislation and | 2 |
| in a position requiring certification under the laws
| 3 |
| governing the certification of teachers;
| 4 |
| (8) Any officer or employee of a statewide teacher | 5 |
| organization or
officer of a national teacher organization | 6 |
| who is certified under the law
governing certification of | 7 |
| teachers, provided: (i) the individual had
previously | 8 |
| established creditable service under this Article, (ii) | 9 |
| the
individual files with the system an irrevocable | 10 |
| election to become a member,
and (iii) the individual does | 11 |
| not receive credit for such service under any
other Article | 12 |
| of this Code;
| 13 |
| (9) Any educational, administrative, professional, or | 14 |
| other staff
employed in a charter school operating in | 15 |
| compliance with the Charter
Schools Law who is certificated | 16 |
| under the law governing the certification
of teachers.
| 17 |
| An annuitant receiving a retirement annuity under this | 18 |
| Article or under
Article 17 of this Code who is employed by a | 19 |
| board of education
or other employer as permitted under Section | 20 |
| 16-118
or 16-150.1 is not a "teacher" for purposes of this | 21 |
| Article. A person who
has received a single-sum retirement | 22 |
| benefit under Section 16-136.4 of this
Article is not a | 23 |
| "teacher" for purposes of this Article. | 24 |
| A person who is a teacher as described in item (8) of this | 25 |
| Section may establish service credit for similar employment | 26 |
| prior to becoming certified as a teacher if he or she (i) is | 27 |
| certified as a teacher on or before the effective date of this | 28 |
| amendatory Act of the 94th General Assembly, (ii) applies in | 29 |
| writing to the system within 6 months after the effective date | 30 |
| of this amendatory Act of the 94th General Assembly, and (iii) | 31 |
| pays to the system contributions equal to the normal costs | 32 |
| calculated from the date of first full-time employment as | 33 |
| described in item (8) to the date of payment, compounded | 34 |
| annually at the rate of 8.5% per year for periods before the |
|
|
|
09400SB0036ham001 |
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|
| 1 |
| effective date of this amendatory Act of the 94th General | 2 |
| Assembly and for subsequent periods at a rate equal to the | 3 |
| System's actuarially assumed rate of return on investments. | 4 |
| However, credit shall not be granted under this paragraph for | 5 |
| any such prior employment for which the applicant received | 6 |
| credit under any other provision of this Code.
| 7 |
| (Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
| 8 |
| 92-651, eff. 7-11-02; 93-320, eff. 7-23-03.)
| 9 |
| (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| 10 |
| Sec. 16-158. Contributions by State and other employing | 11 |
| units.
| 12 |
| (a) The State shall make contributions to the System by | 13 |
| means of
appropriations from the Common School Fund and other | 14 |
| State funds of amounts
which, together with other employer | 15 |
| contributions, employee contributions,
investment income, and | 16 |
| other income, will be sufficient to meet the cost of
| 17 |
| maintaining and administering the System on a 90% funded basis | 18 |
| in accordance
with actuarial recommendations.
| 19 |
| The Board shall determine the amount of State contributions | 20 |
| required for
each fiscal year on the basis of the actuarial | 21 |
| tables and other assumptions
adopted by the Board and the | 22 |
| recommendations of the actuary, using the formula
in subsection | 23 |
| (b-3).
| 24 |
| (a-1) Annually, on or before November 15, the Board shall | 25 |
| certify to the
Governor the amount of the required State | 26 |
| contribution for the coming fiscal
year. The certification | 27 |
| shall include a copy of the actuarial recommendations
upon | 28 |
| which it is based.
| 29 |
| On or before May 1, 2004, the Board shall recalculate and | 30 |
| recertify to
the Governor the amount of the required State | 31 |
| contribution to the System for
State fiscal year 2005, taking | 32 |
| into account the amounts appropriated to and
received by the | 33 |
| System under subsection (d) of Section 7.2 of the General
|
|
|
|
09400SB0036ham001 |
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|
| 1 |
| Obligation Bond Act.
| 2 |
| On or before July 1, 2005, the Board shall recalculate and | 3 |
| recertify
to the Governor the amount of the required State
| 4 |
| contribution to the System for State fiscal year 2006, taking | 5 |
| into account the changes in required State contributions made | 6 |
| by this amendatory Act of the 94th General Assembly.
| 7 |
| (b) Through State fiscal year 1995, the State contributions | 8 |
| shall be
paid to the System in accordance with Section 18-7 of | 9 |
| the School Code.
| 10 |
| (b-1) Beginning in State fiscal year 1996, on the 15th day | 11 |
| of each month,
or as soon thereafter as may be practicable, the | 12 |
| Board shall submit vouchers
for payment of State contributions | 13 |
| to the System, in a total monthly amount of
one-twelfth of the | 14 |
| required annual State contribution certified under
subsection | 15 |
| (a-1).
From the
effective date of this amendatory Act of the | 16 |
| 93rd General Assembly
through June 30, 2004, the Board shall | 17 |
| not submit vouchers for the
remainder of fiscal year 2004 in | 18 |
| excess of the fiscal year 2004
certified contribution amount | 19 |
| determined under this Section
after taking into consideration | 20 |
| the transfer to the System
under subsection (a) of Section | 21 |
| 6z-61 of the State Finance Act.
These vouchers shall be paid by | 22 |
| the State Comptroller and
Treasurer by warrants drawn on the | 23 |
| funds appropriated to the System for that
fiscal year.
| 24 |
| If in any month the amount remaining unexpended from all | 25 |
| other appropriations
to the System for the applicable fiscal | 26 |
| year (including the appropriations to
the System under Section | 27 |
| 8.12 of the State Finance Act and Section 1 of the
State | 28 |
| Pension Funds Continuing Appropriation Act) is less than the | 29 |
| amount
lawfully vouchered under this subsection, the | 30 |
| difference shall be paid from the
Common School Fund under the | 31 |
| continuing appropriation authority provided in
Section 1.1 of | 32 |
| the State Pension Funds Continuing Appropriation Act.
| 33 |
| (b-2) Allocations from the Common School Fund apportioned | 34 |
| to school
districts not coming under this System shall not be |
|
|
|
09400SB0036ham001 |
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LRB094 04134 AMC 60479 a |
|
| 1 |
| diminished or affected by
the provisions of this Article.
| 2 |
| (b-3) For State fiscal years 2011 through 2045, the minimum | 3 |
| contribution
to the System to be made by the State for each | 4 |
| fiscal year shall be an amount
determined by the System to be | 5 |
| sufficient to bring the total assets of the
System up to 90% of | 6 |
| the total actuarial liabilities of the System by the end of
| 7 |
| State fiscal year 2045. In making these determinations, the | 8 |
| required State
contribution shall be calculated each year as a | 9 |
| level percentage of payroll
over the years remaining to and | 10 |
| including fiscal year 2045 and shall be
determined under the | 11 |
| projected unit credit actuarial cost method.
| 12 |
| For State fiscal years 1996 through 2005, the State | 13 |
| contribution to the
System, as a percentage of the applicable | 14 |
| employee payroll, shall be increased
in equal annual increments | 15 |
| so that by State fiscal year 2011, the State is
contributing at | 16 |
| the rate required under this Section; except that in the
| 17 |
| following specified State fiscal years, the State contribution | 18 |
| to the System
shall not be less than the following indicated | 19 |
| percentages of the applicable
employee payroll, even if the | 20 |
| indicated percentage will produce a State
contribution in | 21 |
| excess of the amount otherwise required under this subsection
| 22 |
| and subsection (a), and notwithstanding any contrary | 23 |
| certification made under
subsection (a-1) before the effective | 24 |
| date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | 25 |
| in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | 26 |
| 2003; and
13.56% in FY 2004.
| 27 |
| Notwithstanding any other provision of this Article, the | 28 |
| total required State
contribution for State fiscal year 2006 is | 29 |
| $534,627,700.
| 30 |
| Notwithstanding any other provision of this Article, the | 31 |
| total required State
contribution for State fiscal year 2007 is | 32 |
| $738,014,500.
| 33 |
| For each of State fiscal years 2008 through 2010, the State | 34 |
| contribution to
the System, as a percentage of the applicable |
|
|
|
09400SB0036ham001 |
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LRB094 04134 AMC 60479 a |
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| 1 |
| employee payroll, shall be
increased in equal annual increments | 2 |
| from the required State contribution for State fiscal year | 3 |
| 2007, so that by State fiscal year 2011, the
State is | 4 |
| contributing at the rate otherwise required under this Section.
| 5 |
| Beginning in State fiscal year 2046, the minimum State | 6 |
| contribution for
each fiscal year shall be the amount needed to | 7 |
| maintain the total assets of
the System at 90% of the total | 8 |
| actuarial liabilities of the System.
| 9 |
| Amounts received by the System pursuant to Section 25 of | 10 |
| the Budget Stabilization Act in any fiscal year do not reduce | 11 |
| and do not constitute payment of any portion of the minimum | 12 |
| State contribution required under this Article in that fiscal | 13 |
| year. Such amounts shall not reduce, and shall not be included | 14 |
| in the calculation of, the required State contributions under | 15 |
| this Article in any future year until the System has reached a | 16 |
| funding ratio of at least 90%. A reference in this Article to | 17 |
| the "required State contribution" or any substantially similar | 18 |
| term does not include or apply to any amounts payable to the | 19 |
| System under Section 25 of the Budget Stabilization Act. | 20 |
| Notwithstanding any other provision of this Section, the | 21 |
| required State
contribution for State fiscal year 2005 and for | 22 |
| fiscal year 2008 and each fiscal year thereafter, as
calculated | 23 |
| under this Section and
certified under subsection (a-1), shall | 24 |
| not exceed an amount equal to (i) the
amount of the required | 25 |
| State contribution that would have been calculated under
this | 26 |
| Section for that fiscal year if the System had not received any | 27 |
| payments
under subsection (d) of Section 7.2 of the General | 28 |
| Obligation Bond Act, minus
(ii) the portion of the State's | 29 |
| total debt service payments for that fiscal
year on the bonds | 30 |
| issued for the purposes of that Section 7.2, as determined
and | 31 |
| certified by the Comptroller, that is the same as the System's | 32 |
| portion of
the total moneys distributed under subsection (d) of | 33 |
| Section 7.2 of the General
Obligation Bond Act. In determining | 34 |
| this maximum for State fiscal years 2008 through 2010, however, |
|
|
|
09400SB0036ham001 |
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LRB094 04134 AMC 60479 a |
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| 1 |
| the amount referred to in item (i) shall be increased, as a | 2 |
| percentage of the applicable employee payroll, in equal | 3 |
| increments calculated from the sum of the required State | 4 |
| contribution for State fiscal year 2007 plus the applicable | 5 |
| portion of the State's total debt service payments for fiscal | 6 |
| year 2007 on the bonds issued for the purposes of Section 7.2 | 7 |
| of the General
Obligation Bond Act, so that, by State fiscal | 8 |
| year 2011, the
State is contributing at the rate otherwise | 9 |
| required under this Section.
| 10 |
| (c) Payment of the required State contributions and of all | 11 |
| pensions,
retirement annuities, death benefits, refunds, and | 12 |
| other benefits granted
under or assumed by this System, and all | 13 |
| expenses in connection with the
administration and operation | 14 |
| thereof, are obligations of the State.
| 15 |
| If members are paid from special trust or federal funds | 16 |
| which are
administered by the employing unit, whether school | 17 |
| district or other
unit, the employing unit shall pay to the | 18 |
| System from such
funds the full accruing retirement costs based | 19 |
| upon that
service, as determined by the System. Employer | 20 |
| contributions, based on
salary paid to members from federal | 21 |
| funds, may be forwarded by the distributing
agency of the State | 22 |
| of Illinois to the System prior to allocation, in an
amount | 23 |
| determined in accordance with guidelines established by such
| 24 |
| agency and the System.
| 25 |
| (d) Effective July 1, 1986, any employer of a teacher as | 26 |
| defined in
paragraph (8) of Section 16-106 shall pay the | 27 |
| employer's normal cost
of benefits based upon the teacher's | 28 |
| service, in addition to
employee contributions, as determined | 29 |
| by the System. Such employer
contributions shall be forwarded | 30 |
| monthly in accordance with guidelines
established by the | 31 |
| System.
| 32 |
| However, with respect to benefits granted under Section | 33 |
| 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | 34 |
| of Section 16-106, the
employer's contribution shall be 12% |
|
|
|
09400SB0036ham001 |
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LRB094 04134 AMC 60479 a |
|
| 1 |
| (rather than 20%) of the member's
highest annual salary rate | 2 |
| for each year of creditable service granted, and
the employer | 3 |
| shall also pay the required employee contribution on behalf of
| 4 |
| the teacher. For the purposes of Sections 16-133.4 and | 5 |
| 16-133.5, a teacher
as defined in paragraph (8) of Section | 6 |
| 16-106 who is serving in that capacity
while on leave of | 7 |
| absence from another employer under this Article shall not
be | 8 |
| considered an employee of the employer from which the teacher | 9 |
| is on leave.
| 10 |
| (e) Beginning July 1, 1998, every employer of a teacher
| 11 |
| shall pay to the System an employer contribution computed as | 12 |
| follows:
| 13 |
| (1) Beginning July 1, 1998 through June 30, 1999, the | 14 |
| employer
contribution shall be equal to 0.3% of each | 15 |
| teacher's salary.
| 16 |
| (2) Beginning July 1, 1999 and thereafter, the employer
| 17 |
| contribution shall be equal to 0.58% of each teacher's | 18 |
| salary.
| 19 |
| The school district or other employing unit may pay these | 20 |
| employer
contributions out of any source of funding available | 21 |
| for that purpose and
shall forward the contributions to the | 22 |
| System on the schedule established
for the payment of member | 23 |
| contributions.
| 24 |
| These employer contributions are intended to offset a | 25 |
| portion of the cost
to the System of the increases in | 26 |
| retirement benefits resulting from this
amendatory Act of 1998.
| 27 |
| Each employer of teachers is entitled to a credit against | 28 |
| the contributions
required under this subsection (e) with | 29 |
| respect to salaries paid to teachers
for the period January 1, | 30 |
| 2002 through June 30, 2003, equal to the amount paid
by that | 31 |
| employer under subsection (a-5) of Section 6.6 of the State | 32 |
| Employees
Group Insurance Act of 1971 with respect to salaries | 33 |
| paid to teachers for that
period.
| 34 |
| The additional 1% employee contribution required under |
|
|
|
09400SB0036ham001 |
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| 1 |
| Section 16-152 by
this amendatory Act of 1998 is the | 2 |
| responsibility of the teacher and not the
teacher's employer, | 3 |
| unless the employer agrees, through collective bargaining
or | 4 |
| otherwise, to make the contribution on behalf of the teacher.
| 5 |
| If an employer is required by a contract in effect on May | 6 |
| 1, 1998 between the
employer and an employee organization to | 7 |
| pay, on behalf of all its full-time
employees
covered by this | 8 |
| Article, all mandatory employee contributions required under
| 9 |
| this Article, then the employer shall be excused from paying | 10 |
| the employer
contribution required under this subsection (e) | 11 |
| for the balance of the term
of that contract. The employer and | 12 |
| the employee organization shall jointly
certify to the System | 13 |
| the existence of the contractual requirement, in such
form as | 14 |
| the System may prescribe. This exclusion shall cease upon the
| 15 |
| termination, extension, or renewal of the contract at any time | 16 |
| after May 1,
1998.
| 17 |
| (f) If the amount of a teacher's salary for any school year | 18 |
| used to determine final average salary exceeds the member's | 19 |
| annual full-time salary rate with the same employer for the | 20 |
| previous school year by more than 6%, the teacher's employer | 21 |
| shall pay to the System, in addition to all other payments | 22 |
| required under this Section and in accordance with guidelines | 23 |
| established by the System, the present value of the increase in | 24 |
| benefits resulting from the portion of the increase in salary | 25 |
| that is in excess of 6%. This present value shall be computed | 26 |
| by the System on the basis of the actuarial assumptions and | 27 |
| tables used in the most recent actuarial valuation of the | 28 |
| System that is available at the time of the computation. If a | 29 |
| teacher's salary for the 2005-2006 school year is used to | 30 |
| determine final average salary under this subsection (f), then | 31 |
| the changes made to this subsection (f) by Public Act 94-1057 | 32 |
| shall apply in calculating whether the increase in his or her | 33 |
| salary is in excess of 6%. For the purposes of this Section, | 34 |
| change in employment under Section 10-21.12 of the School Code |
|
|
|
09400SB0036ham001 |
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| 1 |
| on or after June 1, 2005 shall constitute a change in employer. | 2 |
| The System may require the employer to provide any pertinent | 3 |
| information or documentation.
The changes made to this | 4 |
| subsection (f) by this amendatory Act of the 94th General | 5 |
| Assembly apply without regard to whether the teacher was in | 6 |
| service on or after its effective date.
| 7 |
| Whenever it determines that a payment is or may be required | 8 |
| under this subsection, the System shall calculate the amount of | 9 |
| the payment and bill the employer for that amount. The bill | 10 |
| shall specify the calculations used to determine the amount | 11 |
| due. If the employer disputes the amount of the bill, it may, | 12 |
| within 30 days after receipt of the bill, apply to the System | 13 |
| in writing for a recalculation. The application must specify in | 14 |
| detail the grounds of the dispute and, if the employer asserts | 15 |
| that the calculation is subject to subsection (g) or (h) of | 16 |
| this Section, must include an affidavit setting forth and | 17 |
| attesting to all facts within the employer's knowledge that are | 18 |
| pertinent to the applicability of that subsection. Upon | 19 |
| receiving a timely application for recalculation, the System | 20 |
| shall review the application and, if appropriate, recalculate | 21 |
| the amount due.
| 22 |
| The employer contributions required under this subsection | 23 |
| (f) may be paid in the form of a lump sum within 90 days after | 24 |
| receipt of the bill. If the employer contributions are not paid | 25 |
| within 90 days after receipt of the bill, then interest will be | 26 |
| charged at a rate equal to the System's annual actuarially | 27 |
| assumed rate of return on investment compounded annually from | 28 |
| the 91st day after receipt of the bill. Payments must be | 29 |
| concluded within 3 years after the employer's receipt of the | 30 |
| bill.
| 31 |
| (g) This subsection (g) applies only to payments made or | 32 |
| salary increases given on or after June 1, 2005 but before July | 33 |
| 1, 2011. The changes made by Public Act 94-1057
this amendatory | 34 |
| Act of the 94th General Assembly shall not require the System |
|
|
|
09400SB0036ham001 |
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LRB094 04134 AMC 60479 a |
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| 1 |
| to refund any payments received before July 31, 2006
( the | 2 |
| effective date of Public Act 94-1057)
this amendatory Act . | 3 |
| When assessing payment for any amount due under subsection | 4 |
| (f), the System shall exclude salary increases paid to teachers | 5 |
| under contracts or collective bargaining agreements entered | 6 |
| into, amended, or renewed before June 1, 2005.
| 7 |
| When assessing payment for any amount due under subsection | 8 |
| (f), the System shall exclude salary increases paid to a | 9 |
| teacher at a time when the teacher is 10 or more years from | 10 |
| retirement eligibility under Section 16-132 or 16-133.2.
| 11 |
| When assessing payment for any amount due under subsection | 12 |
| (f), the System shall exclude salary increases resulting from | 13 |
| overload work, including summer school, when the school | 14 |
| district has certified to the System, and the System has | 15 |
| approved the certification, that (i) the overload work is for | 16 |
| the sole purpose of classroom instruction in excess of the | 17 |
| standard number of classes for a full-time teacher in a school | 18 |
| district during a school year and (ii) the salary increases are | 19 |
| equal to or less than the rate of pay for classroom instruction | 20 |
| computed on the teacher's current salary and work schedule.
| 21 |
| When assessing payment for any amount due under subsection | 22 |
| (f), the System shall exclude a salary increase resulting from | 23 |
| a promotion (i) for which the employee is required to hold a | 24 |
| certificate or supervisory endorsement issued by the State | 25 |
| Teacher Certification Board that is a different certification | 26 |
| or supervisory endorsement than is required for the teacher's | 27 |
| previous position and (ii) to a position that has existed and | 28 |
| been filled by a member for no less than one complete academic | 29 |
| year and the salary increase from the promotion is an increase | 30 |
| that results in an amount no greater than the lesser of the | 31 |
| average salary paid for other similar positions in the district | 32 |
| requiring the same certification or the amount stipulated in | 33 |
| the collective bargaining agreement for a similar position | 34 |
| requiring the same certification.
|
|
|
|
09400SB0036ham001 |
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|
| 1 |
| When assessing payment for any amount due under subsection | 2 |
| (f), the System shall exclude any payment to the teacher from | 3 |
| the State of Illinois or the State Board of Education over | 4 |
| which the employer does not have discretion, notwithstanding | 5 |
| that the payment is included in the computation of final | 6 |
| average salary.
| 7 |
| (h) When assessing payment for any amount due under | 8 |
| subsection (f), the System shall exclude any salary increase | 9 |
| described in subsection (g) of this Section given on or after | 10 |
| July 1, 2011 but before July 1, 2014 under a contract or | 11 |
| collective bargaining agreement entered into, amended, or | 12 |
| renewed on or after June 1, 2005 but before July 1, 2011. | 13 |
| Notwithstanding any other provision of this Section, any | 14 |
| payments made or salary increases given after June 30, 2014 | 15 |
| shall be used in assessing payment for any amount due under | 16 |
| subsection (f) of this Section.
| 17 |
| (i) The System shall prepare a report and file copies of | 18 |
| the report with the Governor and the General Assembly by | 19 |
| January 1, 2007 that contains all of the following information: | 20 |
| (1) The number of recalculations required by the | 21 |
| changes made to this Section by Public Act 94-1057
this | 22 |
| amendatory Act of the 94th General Assembly for each | 23 |
| employer. | 24 |
| (2) The dollar amount by which each employer's | 25 |
| contribution to the System was changed due to | 26 |
| recalculations required by Public Act 94-1057
this | 27 |
| amendatory Act of the 94th General Assembly . | 28 |
| (3) The total amount the System received from each | 29 |
| employer as a result of the changes made to this Section by | 30 |
| Public Act 94-4. | 31 |
| (4) The increase in the required State contribution | 32 |
| resulting from the changes made to this Section by Public | 33 |
| Act 94-1057
this amendatory Act of the 94th General | 34 |
| Assembly .
|
|
|
|
09400SB0036ham001 |
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|
| 1 |
| (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | 2 |
| eff. 6-1-05; 94-839, eff. 6-6-06; 94-1057, eff. 7-31-06; | 3 |
| revised 8-3-06.)
| 4 |
| (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
| 5 |
| Sec. 17-133. Contributions for periods of outside and other | 6 |
| service.
| 7 |
| Regularly certified and appointed teachers who desire to | 8 |
| have the following
described services credited for pension | 9 |
| purposes shall submit to the Board
evidence thereof and pay | 10 |
| into the Fund the amounts prescribed herein:
| 11 |
| 1. For teaching service by a certified teacher in the | 12 |
| public
schools of the several states or in schools operated | 13 |
| by or under the
auspices of the United States, a teacher | 14 |
| shall pay the
contributions at the rates in force (a) on | 15 |
| the date of
appointment as a regularly certified teacher | 16 |
| after salary adjustments
are completed, or (b) at the time | 17 |
| of reappointment after salary
adjustments are completed, | 18 |
| whichever is later, but not less than $450
per year of | 19 |
| service. Upon the Board's approval of such service and the
| 20 |
| payment of the required contributions, service credit of | 21 |
| not more than
10 years shall be granted.
| 22 |
| 2. For service as a playground instructor in public | 23 |
| school playgrounds,
teachers shall pay the contributions | 24 |
| prescribed in this Article (a) at
the time of appointment, | 25 |
| as a regularly certified teacher after salary
adjustments | 26 |
| are completed, or (b) on return to service as a full time
| 27 |
| regularly certified teacher, as the case may be, provided | 28 |
| such rates or
amounts shall not be less than $450 per year.
| 29 |
| 3. For service prior to September 1, 1955, in the | 30 |
| public schools of the
City as a substitute, evening school | 31 |
| or temporary teacher, or for service
as an Americanization | 32 |
| teacher prior to December 31, 1955, teachers shall pay
the | 33 |
| contributions prescribed in this Article (a) at the time of |
|
|
|
09400SB0036ham001 |
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|
| 1 |
| appointment,
as a regularly certified teacher after salary | 2 |
| adjustments are completed,
(b) on return to service as a | 3 |
| full time regularly certified teacher, as
the case may be, | 4 |
| provided such rates or amounts shall not be less than $450
| 5 |
| per year; and provided further that for teachers employed | 6 |
| on or after September
1, 1953, rates shall not include | 7 |
| contributions for widows' pensions if the
service | 8 |
| described in this sub-paragraph 3 was rendered before that | 9 |
| date. Any
teacher entitled to repay a refund of | 10 |
| contributions under Section 17-126 may validate service | 11 |
| described in this paragraph by
payment of the amounts | 12 |
| prescribed herein, together with the repayment of the
| 13 |
| refund, provided that if such creditable service was the | 14 |
| last service rendered
in the public schools of the City and | 15 |
| is not automatically reinstated by
repayment of the refund, | 16 |
| the rates or amounts shall not be less than $450 per
year.
| 17 |
| 4. For service after June 30, 1982 as a member of the | 18 |
| Board of
Education, if required to resign from an | 19 |
| administrative or teaching position
in order to qualify as | 20 |
| a member of the Board of Education.
| 21 |
| 5. For service during the 1986-87 school year as a | 22 |
| teacher on a special
leave of absence with full loss of | 23 |
| salary, teaching for an agency under
contract to the Board | 24 |
| of Education, if the teacher returned to employment in
| 25 |
| September, 1987. For service under this item 5, the teacher | 26 |
| must pay the
contributions at the rates in force at the | 27 |
| completion of the leave period.
| 28 |
| 6. For up to 2 years of service as a teacher or | 29 |
| administrator employed
by a private school registered with | 30 |
| or recognized by the Illinois State Board
of Education, | 31 |
| provided that the teacher (i) was certified under the law
| 32 |
| governing the certification of teachers at the time the | 33 |
| service was rendered,
(ii) applies in writing on or after | 34 |
| the effective date of this amendatory Act of the 94th |
|
|
|
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LRB094 04134 AMC 60479 a |
|
| 1 |
| General Assembly and on or before June 1,
2009, (iii) | 2 |
| supplies satisfactory evidence of the employment, (iv) | 3 |
| completes
at least 10 years of contributing service as a | 4 |
| teacher as defined in
Section 17-106, (v) pays the | 5 |
| contribution required in this Section, and (vi)
does not | 6 |
| receive credit for that service under any other provision | 7 |
| of this
Code. The member may apply for credit under this | 8 |
| subsection and pay the
required contribution before | 9 |
| completing the 10 years of contributing service
required | 10 |
| under item (iv), but the credit may not be used until the | 11 |
| item (iv)
contributing service requirement has been met.
| 12 |
| For each year of service credit to be established under | 13 |
| this
subparagraph 6, a member is required to contribute to | 14 |
| the System (i) 16.5%
of the annual salary rate during the | 15 |
| first year of full-time employment
as a teacher under this | 16 |
| Article following the private school service, plus
(ii) | 17 |
| interest thereon from the date of first full-time | 18 |
| employment as a teacher
under this Article following the | 19 |
| private school service to the date of payment,
compounded | 20 |
| annually, at the rate of 8.0% per year.
| 21 |
| For service described in sub-paragraphs 1, 2 and 3 of this | 22 |
| Section, interest
shall be charged beginning one year after the | 23 |
| effective date of appointment or
reappointment.
| 24 |
| Effective September 1, 1974, the interest rate to be | 25 |
| charged by the
Fund on contributions provided in sub-paragraphs | 26 |
| 1, 2, 3 and 4 shall
be 5% per annum compounded annually.
| 27 |
| (Source: P.A. 90-566, eff. 1-2-98; 91-887, eff. 7-6-00.)
| 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 |
|
|
|
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LRB094 04134 AMC 60479 a |
|
| 1 |
| implementation of
any mandate created by this amendatory Act of | 2 |
| the 94th General Assembly.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|