Full Text of SB0811 94th General Assembly
SB0811sam001 94TH GENERAL ASSEMBLY
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Sen. Larry K. Bomke
Filed: 5/4/2005
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| AMENDMENT TO SENATE BILL 811
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| AMENDMENT NO. ______. Amend Senate Bill 811 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 and 14-104 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.
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| (a) Any person employed by a Department who receives salary
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| for personal services rendered to the Department on a warrant
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| issued pursuant to a payroll voucher certified by a Department | 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.
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| 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.
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| 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 |
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| period.
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| 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
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| 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.
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| (b) The term "employee" does not include the following:
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| (1) members of the State Legislature, and persons | 14 |
| electing to become
members of the General Assembly | 15 |
| Retirement System pursuant to Section 2-105;
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| (2) incumbents of offices normally filled by vote of | 17 |
| the people;
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| (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;
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| (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;
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| (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 |
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| 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;
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| (4) except as provided in subsection (p) of Section | 8 |
| 14-104 or Section 14-108.2 or 14-108.2c, any person
who is | 9 |
| covered or eligible to be covered by the Teachers' | 10 |
| Retirement System of
the State of Illinois, the State | 11 |
| Universities Retirement System, or the Judges
Retirement | 12 |
| System of Illinois;
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| (5) an employee of a municipality or any other | 14 |
| political subdivision
of the State;
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| (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;
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| (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;
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| (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
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| (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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| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 27 |
| 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. | 30 |
| Contributions provided for in this Section shall cover the | 31 |
| period of
service granted. Except as otherwise provided in this | 32 |
| Section, the
contributions shall be based upon the employee's | 33 |
| compensation and
contribution rate in effect on the date he |
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| last became a member of the
System; provided that for all | 2 |
| employment prior to January 1, 1969 the
contribution rate shall | 3 |
| be that in effect for a noncovered employee on
the date he last | 4 |
| became a member of the System. Except as otherwise provided
in | 5 |
| this Section, contributions permitted under this Section shall | 6 |
| include
regular interest from the date an employee last became | 7 |
| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 9 |
| either in
a lump sum or in installment payments in accordance | 10 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 12 |
| Section
for any period of service, subsequent to the date of | 13 |
| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 15 |
| membership
because of age at entry and subsequently became | 16 |
| eligible may elect to
make contributions as required in this | 17 |
| Section for the period of service
during which he was | 18 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 20 |
| January 1,
1944 but prior to becoming eligible for membership, | 21 |
| received salary from
funds of insurance companies in the | 22 |
| process of rehabilitation,
liquidation, conservation or | 23 |
| dissolution, may elect to make
contributions as required in | 24 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 26 |
| which he
was elected, or rendered service in the elective | 27 |
| office of Clerk of the
Appellate Court prior to the date he | 28 |
| became a member, may make
contributions for such service as | 29 |
| required in this Section. Any member
who served by appointment | 30 |
| of the Governor under the Civil Administrative
Code of Illinois | 31 |
| and did not participate in this System may make
contributions | 32 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 34 |
| any
instrumentality or agency thereof from January 1, 1942 |
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| through November
15, 1946 as the result of a transfer from | 2 |
| State service by executive
order of the President of the United | 3 |
| States shall be entitled to prior
service credit covering the | 4 |
| period from January 1, 1942 through December
31, 1943 as | 5 |
| provided for in this Article and to membership service
credit | 6 |
| for the period from January 1, 1944 through November 15, 1946 | 7 |
| by
making the contributions required in this Section. A person | 8 |
| so employed
on January 1, 1944 but whose employment began after | 9 |
| January 1, 1942 may
qualify for prior service and membership | 10 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 12 |
| Illinois who
performed services for and under the supervision | 13 |
| of that Department
prior to January 1, 1944 but who was | 14 |
| compensated for those services
directly by federal funds and | 15 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 16 |
| State Treasurer may establish credit for such
employment by | 17 |
| making the contributions required in this Section. An
employee | 18 |
| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that | 20 |
| Department
prior to June 1, 1963, but was compensated for those | 21 |
| services directly
by federal funds and not paid by a warrant of | 22 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 23 |
| who did not contribute to any
other public employee retirement | 24 |
| system for such service, may establish
credit for such | 25 |
| 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 | 29 |
| service of a
department, file with the board a rescission of | 30 |
| such waiver. Upon
making the contributions required by this | 31 |
| Section, the member shall be
granted the creditable service | 32 |
| that would have been received if the
waiver had not been | 33 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a |
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| full-time
basis by a regional planning commission for at least | 2 |
| 5 continuous years may
establish creditable service for such | 3 |
| employment by making the
contributions required under this | 4 |
| Section, provided that any credits earned
by the employee in | 5 |
| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services | 7 |
| to the General
Assembly as a member of a legislative staff may | 8 |
| establish service credit for up
to 8 years of such services by | 9 |
| making the contributions required under this
Section, provided | 10 |
| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 12 |
| this Section,
plus an amount determined by the Board to be | 13 |
| equal to the employer's normal
cost of the benefit plus | 14 |
| interest, but with all of the interest calculated
from the date | 15 |
| the employee last became a member of the System or November 19,
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| 1991, whichever is later, to the date of payment, an employee | 17 |
| may establish
service credit
for a period of up to 2 years | 18 |
| spent in active military service for which he
does not qualify | 19 |
| for credit under Section 14-105, provided that (1) he was
not | 20 |
| dishonorably discharged from such military service, and (2) the | 21 |
| amount
of service credit established by a member under this | 22 |
| subsection (j), when
added to the amount of military service | 23 |
| credit granted to the member under
subsection (b) of Section | 24 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 25 |
| calculating interest under this subsection (j) made by this
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| amendatory Act of the 92nd General Assembly applies to credit | 27 |
| purchased by an
employee on or after its effective date and | 28 |
| does not entitle any person to a
refund of contributions or | 29 |
| interest already paid.
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| (k) An employee who was employed on a full-time basis by | 31 |
| the Illinois
State's Attorneys Association Statewide Appellate | 32 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 33 |
| that project became the State's
Attorneys Appellate Service | 34 |
| Commission, now the Office of the State's
Attorneys Appellate |
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| Prosecutor, an agency of State government, may
establish | 2 |
| creditable service for not more than 60 months service for
such | 3 |
| employment by making contributions required under this | 4 |
| Section.
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| (l) 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, a member may establish service credit
for periods of | 9 |
| 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 | 11 |
| after January 1,
1982 and (2) any credit established by the | 12 |
| member for the period of leave in
any other public employee | 13 |
| retirement system has been terminated. A member
may establish | 14 |
| 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 | 16 |
| service credit
established by the member under this subsection | 17 |
| may exceed one year. In
determining the contributions required | 18 |
| for establishing service credit under
this subsection, the | 19 |
| interest shall be calculated from the beginning of the
leave of | 20 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 22 |
| member of
the General Assembly as a worker in the member's | 23 |
| district office may establish
creditable service for up to 3 | 24 |
| years of those contractual services by making
the contributions | 25 |
| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the | 27 |
| required
contribution. To establish credit under this | 28 |
| subsection, the applicant must
apply to the System by March 1, | 29 |
| 1998.
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| (n) Any person who rendered contractual services to a | 31 |
| member of
the General Assembly as a worker providing | 32 |
| constituent services to persons in
the member's district may | 33 |
| establish
creditable service for up to 8 years of those | 34 |
| contractual services by making
the contributions required |
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| under this Section. The System shall determine a
full-time | 2 |
| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the | 4 |
| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative | 6 |
| Staff
Internship Program may establish creditable service for | 7 |
| up to one year
of that participation by making the contribution | 8 |
| required under this Section.
The System shall determine a | 9 |
| full-time salary equivalent for the purpose of
calculating the | 10 |
| required contribution. Credit may not be established under
this | 11 |
| subsection for any period for which service credit is | 12 |
| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under | 14 |
| this Section,
plus an amount determined by the Board to be | 15 |
| equal to the employer's normal
cost of the benefit plus | 16 |
| interest, with all of the interest calculated
from the date of | 17 |
| last employment with the University of Illinois at | 18 |
| Urbana-Champaign to the date of payment, an employee may | 19 |
| establish service credit for any employment by the University | 20 |
| of Illinois at Urbana-Champaign between January 1, 1975 and | 21 |
| December 31, 1979 for which the employee did not participate in | 22 |
| the State Universities Retirement System. To establish credit | 23 |
| under this subsection (p), the employee must apply within 30 | 24 |
| days after the effective date of this amendatory Act of the | 25 |
| 94th General Assembly.
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| (Source: P.A. 92-54, eff. 7-12-01.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
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