Full Text of SB0809 94th General Assembly
SB0809sam002 94TH GENERAL ASSEMBLY
|
Sen. Debbie DeFrancesco Halvorson
Filed: 10/27/2005
|
|
09400SB0809sam002 |
|
LRB094 04430 AMC 50079 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 809
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 809 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 14-103.05 and 14-104 as follows:
| 6 |
| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 7 |
| Sec. 14-103.05. Employee.
| 8 |
| (a) Any person employed by a Department who receives salary
| 9 |
| for personal services rendered to the Department on a warrant
| 10 |
| issued pursuant to a payroll voucher certified by a Department | 11 |
| and drawn
by the State Comptroller upon the State Treasurer, | 12 |
| including an elected
official described in subparagraph (d) of | 13 |
| Section 14-104, shall become
an employee for purpose of | 14 |
| membership in the Retirement System on the
first day of such | 15 |
| employment.
| 16 |
| A person entering service on or after January 1, 1972 and | 17 |
| prior to January
1, 1984 shall become a member as a condition | 18 |
| of employment and shall begin
making contributions as of the | 19 |
| first day of employment.
| 20 |
| A person entering service on or after January 1, 1984 | 21 |
| shall, upon completion
of 6 months of continuous service which | 22 |
| is not interrupted by a break of more
than 2 months, become a | 23 |
| member as a condition of employment. Contributions
shall begin | 24 |
| the first of the month after completion of the qualifying |
|
|
|
09400SB0809sam002 |
- 2 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| period.
| 2 |
| The qualifying period of 6 months of service is not | 3 |
| applicable to: (1)
a person who has been granted credit for | 4 |
| service in a position covered by
the State Universities | 5 |
| Retirement System, the Teachers' Retirement System
of the State | 6 |
| of Illinois, the General Assembly Retirement System, or the
| 7 |
| Judges Retirement System of Illinois unless that service has | 8 |
| been forfeited
under the laws of those systems; (2) a person | 9 |
| entering service on or
after July 1, 1991 in a noncovered | 10 |
| position; or (3) a person to whom Section
14-108.2a or | 11 |
| 14-108.2b applies.
| 12 |
| (b) The term "employee" does not include the following:
| 13 |
| (1) members of the State Legislature, and persons | 14 |
| electing to become
members of the General Assembly | 15 |
| Retirement System pursuant to Section 2-105;
| 16 |
| (2) incumbents of offices normally filled by vote of | 17 |
| the people;
| 18 |
| (3) except as otherwise provided in this Section, any | 19 |
| person
appointed by the Governor with the advice and | 20 |
| consent
of the Senate unless that person elects to | 21 |
| participate in this system;
| 22 |
| (3.1) any person serving as a commissioner of an ethics | 23 |
| commission created under the State Officials and Employees | 24 |
| Ethics Act unless that person elects to participate in this | 25 |
| system with respect to that service as a commissioner;
| 26 |
| (3.2) any person serving as a part-time employee in any | 27 |
| of the following positions: Legislative Inspector General, | 28 |
| Special Legislative Inspector General, employee of the | 29 |
| Office of the Legislative Inspector General, Executive | 30 |
| Director of the Legislative Ethics Commission, or staff of | 31 |
| the Legislative Ethics Commission, regardless of whether | 32 |
| he or she is in active service on or after July 8, 2004 | 33 |
| (the effective date of Public Act 93-685), unless that | 34 |
| person elects to participate in this System with respect to |
|
|
|
09400SB0809sam002 |
- 3 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| that service; in this item (3.2), a "part-time employee" is | 2 |
| a person who is not required to work at least 35 hours per | 3 |
| week; | 4 |
| (3.3) any person who has made an election under Section | 5 |
| 1-123 and who is serving either as legal counsel in the | 6 |
| Office of the Governor or as Chief Deputy Attorney General;
| 7 |
| (4) except as provided in Section 14-108.2 or | 8 |
| 14-108.2c, any person
who is covered or eligible to be | 9 |
| covered by the Teachers' Retirement System of
the State of | 10 |
| Illinois, the State Universities Retirement System, or the | 11 |
| Judges
Retirement System of Illinois;
| 12 |
| (5) an employee of a municipality or any other | 13 |
| political subdivision
of the State;
| 14 |
| (6) any person who becomes an employee after June 30, | 15 |
| 1979 as a
public service employment program participant | 16 |
| under the Federal
Comprehensive Employment and Training | 17 |
| Act and whose wages or fringe
benefits are paid in whole or | 18 |
| in part by funds provided under such Act;
| 19 |
| (7) enrollees of the Illinois Young Adult Conservation | 20 |
| Corps program,
administered by the Department of Natural | 21 |
| Resources, authorized grantee
pursuant to Title VIII of the | 22 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 23 |
| 993, as now or hereafter amended;
| 24 |
| (8) enrollees and temporary staff of programs | 25 |
| administered by the
Department of Natural Resources under | 26 |
| the Youth
Conservation Corps Act of 1970;
| 27 |
| (9) any person who is a member of any professional | 28 |
| licensing or
disciplinary board created under an Act | 29 |
| administered by the Department of
Professional Regulation | 30 |
| or a successor agency or created or re-created
after the | 31 |
| effective date of this amendatory Act of 1997, and who | 32 |
| receives
per diem compensation rather than a salary, | 33 |
| notwithstanding that such per diem
compensation is paid by | 34 |
| warrant issued pursuant to a payroll voucher; such
persons |
|
|
|
09400SB0809sam002 |
- 4 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| have never been included in the membership of this System, | 2 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 3 |
| intended to effect any change in
the status of such | 4 |
| persons;
| 5 |
| (10) any person who is a member of the Illinois Health | 6 |
| Care Cost
Containment Council, and receives per diem | 7 |
| compensation rather than a
salary, notwithstanding that | 8 |
| such per diem compensation is paid by warrant
issued | 9 |
| pursuant to a payroll voucher; such persons have never been | 10 |
| included
in the membership of this System, and this | 11 |
| amendatory Act of 1987 is not
intended to effect any change | 12 |
| in the status of such persons;
| 13 |
| (11) any person who is a member of the Oil and Gas | 14 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 15 |
| Act, and receives per diem
compensation rather than a | 16 |
| salary, notwithstanding that such per diem
compensation is | 17 |
| paid by warrant issued pursuant to a payroll voucher; or
| 18 |
| (12) a person employed by the State Board of Higher | 19 |
| Education in a position with the Illinois Century Network | 20 |
| as of June 30, 2004, who remains continuously employed | 21 |
| after that date by the Department of Central Management | 22 |
| Services in a position with the Illinois Century Network | 23 |
| and participates in the Article 15 system with respect to | 24 |
| that employment.
| 25 |
| (c) An individual who represents or is employed as an | 26 |
| officer or employee of a statewide labor organization that | 27 |
| represents members of this System may participate in the System | 28 |
| and shall be deemed an employee, provided that (1) the | 29 |
| individual has previously earned creditable service under this | 30 |
| Article, (2) the individual files with the System an | 31 |
| irrevocable election to become a participant (if the individual | 32 |
| is an officer or employee of a statewide labor organization, | 33 |
| then this election must be made within 6 months after the | 34 |
| effective date of this amendatory Act of the 94th General |
|
|
|
09400SB0809sam002 |
- 5 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| Assembly), and (3) the individual does not receive credit for | 2 |
| that employment under any other provisions of this Code. An | 3 |
| employee under this subsection (c) is responsible for paying to | 4 |
| the System both (i) employee contributions based on the actual | 5 |
| compensation received for service with the labor organization | 6 |
| and (ii) employer contributions based on the percentage of | 7 |
| payroll certified by the board; all or any part of these | 8 |
| contributions may be paid on the employee's behalf or picked up | 9 |
| for tax purposes (if authorized under federal law) by the labor | 10 |
| organization. Any new benefit increase created by this | 11 |
| subsection (c) is exempt from the provisions of subsection (d) | 12 |
| of Section 14-152.1. | 13 |
| A person who is an employee as defined in this subsection | 14 |
| (c) may establish service credit for similar employment prior | 15 |
| to becoming an employee under this subsection by paying to the | 16 |
| System for that employment the contributions specified in this | 17 |
| subsection, plus interest at the effective rate from the date | 18 |
| of service to the date of payment. However, credit shall not be | 19 |
| granted under this subsection (c) for any such prior employment | 20 |
| for which the applicant received credit under any other | 21 |
| provision of this Code or during which the applicant was on a | 22 |
| leave of absence.
| 23 |
| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 24 |
| eff. 7-30-04; 93-1069, eff. 1-15-05.)
| 25 |
| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
| 26 |
| Sec. 14-104. Service for which contributions permitted.
| 27 |
| Contributions provided for in this Section shall cover the | 28 |
| period of
service granted. Except as otherwise provided in this | 29 |
| Section, the
contributions shall be based upon the employee's | 30 |
| compensation and
contribution rate in effect on the date he | 31 |
| last became a member of the
System; provided that for all | 32 |
| employment prior to January 1, 1969 the
contribution rate shall | 33 |
| be that in effect for a noncovered employee on
the date he last |
|
|
|
09400SB0809sam002 |
- 6 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| became a member of the System. Except as otherwise provided
in | 2 |
| this Section, contributions permitted under this Section shall | 3 |
| include
regular interest from the date an employee last became | 4 |
| a member of the System
to the date of payment.
| 5 |
| These contributions must be paid in full before retirement | 6 |
| either in
a lump sum or in installment payments in accordance | 7 |
| with such rules as
may be adopted by the board.
| 8 |
| (a) Any member may make contributions as required in this | 9 |
| Section
for any period of service, subsequent to the date of | 10 |
| establishment, but
prior to the date of membership.
| 11 |
| (b) Any employee who had been previously excluded from | 12 |
| membership
because of age at entry and subsequently became | 13 |
| eligible may elect to
make contributions as required in this | 14 |
| Section for the period of service
during which he was | 15 |
| ineligible.
| 16 |
| (c) An employee of the Department of Insurance who, after | 17 |
| January 1,
1944 but prior to becoming eligible for membership, | 18 |
| received salary from
funds of insurance companies in the | 19 |
| process of rehabilitation,
liquidation, conservation or | 20 |
| dissolution, may elect to make
contributions as required in | 21 |
| this Section for such service.
| 22 |
| (d) Any employee who rendered service in a State office to | 23 |
| which he
was elected, or rendered service in the elective | 24 |
| office of Clerk of the
Appellate Court prior to the date he | 25 |
| became a member, may make
contributions for such service as | 26 |
| required in this Section. Any member
who served by appointment | 27 |
| of the Governor under the Civil Administrative
Code of Illinois | 28 |
| and did not participate in this System may make
contributions | 29 |
| as required in this Section for such service.
| 30 |
| (e) Any person employed by the United States government or | 31 |
| any
instrumentality or agency thereof from January 1, 1942 | 32 |
| through November
15, 1946 as the result of a transfer from | 33 |
| State service by executive
order of the President of the United | 34 |
| States shall be entitled to prior
service credit covering the |
|
|
|
09400SB0809sam002 |
- 7 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| period from January 1, 1942 through December
31, 1943 as | 2 |
| provided for in this Article and to membership service
credit | 3 |
| for the period from January 1, 1944 through November 15, 1946 | 4 |
| by
making the contributions required in this Section. A person | 5 |
| so employed
on January 1, 1944 but whose employment began after | 6 |
| January 1, 1942 may
qualify for prior service and membership | 7 |
| service credit under the same
conditions.
| 8 |
| (f) An employee of the Department of Labor of the State of | 9 |
| Illinois who
performed services for and under the supervision | 10 |
| of that Department
prior to January 1, 1944 but who was | 11 |
| compensated for those services
directly by federal funds and | 12 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 13 |
| State Treasurer may establish credit for such
employment by | 14 |
| making the contributions required in this Section. An
employee | 15 |
| of the Department of Agriculture of the State of Illinois, who
| 16 |
| performed services for and under the supervision of that | 17 |
| Department
prior to June 1, 1963, but was compensated for those | 18 |
| services directly
by federal funds and not paid by a warrant of | 19 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 20 |
| who did not contribute to any
other public employee retirement | 21 |
| system for such service, may establish
credit for such | 22 |
| employment by making the contributions required in this
| 23 |
| Section.
| 24 |
| (g) Any employee who executed a waiver of membership within
| 25 |
| 60 days prior to January 1, 1944 may, at any time while in the | 26 |
| service of a
department, file with the board a rescission of | 27 |
| such waiver. Upon
making the contributions required by this | 28 |
| Section, the member shall be
granted the creditable service | 29 |
| that would have been received if the
waiver had not been | 30 |
| executed.
| 31 |
| (h) Until May 1, 1990, an employee who was employed on a | 32 |
| full-time
basis by a regional planning commission for at least | 33 |
| 5 continuous years may
establish creditable service for such | 34 |
| employment by making the
contributions required under this |
|
|
|
09400SB0809sam002 |
- 8 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| Section, provided that any credits earned
by the employee in | 2 |
| the commission's retirement plan have been terminated.
| 3 |
| (i) Any person who rendered full time contractual services | 4 |
| to the General
Assembly as a member of a legislative staff may | 5 |
| establish service credit for up
to 8 years of such services by | 6 |
| making the contributions required under this
Section, provided | 7 |
| that application therefor is made not later than July 1,
1991.
| 8 |
| (j) By paying the contributions otherwise required under | 9 |
| this Section,
plus an amount determined by the Board to be | 10 |
| equal to the employer's normal
cost of the benefit plus | 11 |
| interest, but with all of the interest calculated
from the date | 12 |
| the employee last became a member of the System or November 19,
| 13 |
| 1991, whichever is later, to the date of payment, an employee | 14 |
| may establish
service credit
for a period of up to 2 years | 15 |
| spent in active military service for which he
does not qualify | 16 |
| for credit under Section 14-105, provided that (1) he was
not | 17 |
| dishonorably discharged from such military service, and (2) the | 18 |
| amount
of service credit established by a member under this | 19 |
| subsection (j), when
added to the amount of military service | 20 |
| credit granted to the member under
subsection (b) of Section | 21 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 22 |
| calculating interest under this subsection (j) made by this
| 23 |
| amendatory Act of the 92nd General Assembly applies to credit | 24 |
| purchased by an
employee on or after its effective date and | 25 |
| does not entitle any person to a
refund of contributions or | 26 |
| interest already paid.
| 27 |
| (k) An employee who was employed on a full-time basis by | 28 |
| the Illinois
State's Attorneys Association Statewide Appellate | 29 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 30 |
| that project became the State's
Attorneys Appellate Service | 31 |
| Commission, now the Office of the State's
Attorneys Appellate | 32 |
| Prosecutor, an agency of State government, may
establish | 33 |
| creditable service for not more than 60 months service for
such | 34 |
| employment by making contributions required under this |
|
|
|
09400SB0809sam002 |
- 9 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| Section.
| 2 |
| (l) By paying the contributions otherwise required under | 3 |
| this Section,
plus an amount determined by the Board to be | 4 |
| equal to the employer's normal
cost of the benefit plus | 5 |
| interest, a member may establish service credit
for periods of | 6 |
| less than one year spent on authorized leave of absence from
| 7 |
| service, provided that (1) the period of leave began on or | 8 |
| after January 1,
1982 and (2) any credit established by the | 9 |
| member for the period of leave in
any other public employee | 10 |
| retirement system has been terminated. A member
may establish | 11 |
| service credit under this subsection for more than one period
| 12 |
| of authorized leave, and in that case the total period of | 13 |
| service credit
established by the member under this subsection | 14 |
| may exceed one year. In
determining the contributions required | 15 |
| for establishing service credit under
this subsection, the | 16 |
| interest shall be calculated from the beginning of the
leave of | 17 |
| absence to the date of payment.
| 18 |
| (m) Any person who rendered contractual services to a | 19 |
| member of
the General Assembly as a worker in the member's | 20 |
| district office may establish
creditable service for up to 3 | 21 |
| years of those contractual services by making
the contributions | 22 |
| required under this Section. The System shall determine a
| 23 |
| full-time salary equivalent for the purpose of calculating the | 24 |
| required
contribution. To establish credit under this | 25 |
| subsection, the applicant must
apply to the System by March 1, | 26 |
| 1998.
| 27 |
| (n) Any person who rendered contractual services to a | 28 |
| member of
the General Assembly as a worker providing | 29 |
| constituent services to persons in
the member's district may | 30 |
| establish
creditable service for up to 8 years of those | 31 |
| contractual services by making
the contributions required | 32 |
| under this Section. The System shall determine a
full-time | 33 |
| salary equivalent for the purpose of calculating the required
| 34 |
| contribution. To establish credit under this subsection, the |
|
|
|
09400SB0809sam002 |
- 10 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| applicant must
apply to the System by March 1, 1998.
| 2 |
| (o) A member who participated in the Illinois Legislative | 3 |
| Staff
Internship Program may establish creditable service for | 4 |
| up to one year
of that participation by making the contribution | 5 |
| required under this Section.
The System shall determine a | 6 |
| full-time salary equivalent for the purpose of
calculating the | 7 |
| required contribution. Credit may not be established under
this | 8 |
| subsection for any period for which service credit is | 9 |
| established under
any other provision of this Code.
| 10 |
| (p) By paying the contributions otherwise required under | 11 |
| this Section,
plus an amount determined by the Board to be | 12 |
| equal to the employer's normal
cost of the benefit plus | 13 |
| interest, a member may establish service credit
for a period of | 14 |
| up to 8 years during which he or she was employed by the
| 15 |
| Visually Handicapped Managers of Illinois in a vending program | 16 |
| operated under
a contractual agreement with the Department of | 17 |
| Rehabilitation Services or its successor agency.
| 18 |
| This subsection (p) applies without regard to whether the | 19 |
| person was in service on or after the effective date of this | 20 |
| amendatory Act of the 94th General Assembly. In the case of a | 21 |
| person who is receiving a retirement annuity on that effective | 22 |
| date, the increase, if any, shall begin to accrue on the first | 23 |
| annuity payment date following receipt by the System of the | 24 |
| contributions required under this subsection (p).
| 25 |
| (q) By paying the required contributions under this | 26 |
| Section, plus an amount determined by the Board to be equal to | 27 |
| the employer's normal cost of the benefit plus interest, an | 28 |
| employee who was laid off but returned to State employment | 29 |
| under circumstances in which the employee is considered to have | 30 |
| been in continuous service for purposes of determining | 31 |
| seniority may establish creditable service for the period of | 32 |
| the layoff, provided that (1) the applicant does not receive | 33 |
| credit for that period under any other provision of this Code, | 34 |
| (2) at the time of the layoff, the applicant is not in an |
|
|
|
09400SB0809sam002 |
- 11 - |
LRB094 04430 AMC 50079 a |
|
| 1 |
| initial probationary status consistent with the rules of the | 2 |
| Department of Central Management Services, and (3) the total | 3 |
| amount of creditable service established by the applicant under | 4 |
| this subsection (q) does not exceed 3 years. For service | 5 |
| established under this subsection (q), the required employee | 6 |
| contribution shall be based on the rate of compensation earned | 7 |
| by the employee on the date of returning to employment after | 8 |
| the 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. Any new benefit increase created by this subsection | 12 |
| (q) is exempt from the provisions of subsection (d) of Section | 13 |
| 14-152.1.
| 14 |
| (Source: P.A. 94-612, eff. 8-18-05.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|