Full Text of SB1456 94th General Assembly
SB1456sam001 94TH GENERAL ASSEMBLY
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Sen. Dave Syverson
Filed: 3/8/2005
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| AMENDMENT TO SENATE BILL 1456
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| AMENDMENT NO. ______. Amend Senate Bill 1456 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 Section 18-127 as follows:
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| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
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| Sec. 18-127. Retirement annuity - suspension on | 8 |
| reemployment.
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| (a) A participant receiving a retirement annuity who is | 10 |
| regularly
employed for compensation by an employer other than a | 11 |
| county, in any
capacity, shall have his or her retirement | 12 |
| annuity payments suspended
during such employment. Upon | 13 |
| termination of such employment, retirement
annuity payments at | 14 |
| the previous rate shall be resumed.
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| If such a participant resumes service as a judge, he or she
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| shall receive credit for any additional service. Upon | 17 |
| subsequent
retirement, his or her retirement annuity shall be | 18 |
| the amount previously
granted, plus the amount earned by the | 19 |
| additional judicial service under
the provisions in effect | 20 |
| during the period of such additional service.
However, if the | 21 |
| participant was receiving the maximum rate of annuity at
the | 22 |
| time of re-employment, he or she may elect, in a written | 23 |
| direction
filed with the board, not to receive any additional | 24 |
| service credit during
the period of re-employment. In such |
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| case, contributions shall not be
required during the period of | 2 |
| re-employment. Any such election shall be
irrevocable.
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| (b) Beginning January 1, 1991, any participant receiving a | 4 |
| retirement
annuity who accepts temporary employment from an | 5 |
| employer other than a
county for a period not exceeding 75 | 6 |
| working days in any calendar year
shall not be deemed to be | 7 |
| regularly employed for compensation or to have
resumed service | 8 |
| as a judge for the purposes of this Article. A day shall
be | 9 |
| considered a working day if the annuitant performs on it any of | 10 |
| his
duties under the temporary employment agreement.
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| (c) Except as provided in subsection (a), beginning January | 12 |
| 1, 1993,
retirement annuities shall not be subject to | 13 |
| suspension upon resumption of
employment for an employer, and | 14 |
| any retirement annuity that is then so
suspended shall be | 15 |
| reinstated on that date.
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| (d) The changes made in this Section by this amendatory Act | 17 |
| of 1993
shall apply to judges no longer in service on its | 18 |
| effective date, as well as to
judges serving on or after that | 19 |
| date.
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| (e) A participant receiving a retirement
annuity under this | 21 |
| Article who serves as a part-time employee in any of the | 22 |
| following positions: Legislative Inspector General, Special | 23 |
| Legislative Inspector General, employee of the Office of the | 24 |
| Legislative Inspector General, Executive Director of the | 25 |
| Legislative Ethics Commission, or staff of the Legislative | 26 |
| Ethics Commission, or associate judges who have been appointed | 27 |
| as temporary contractual judges to help alleviate any existing | 28 |
| backlog of cases as provided in Section 2.1 of the Associate | 29 |
| Judges Act, but has not elected to participate in the Article | 30 |
| 14 System with respect to that service, shall not be deemed to | 31 |
| be regularly employed for compensation by an employer other | 32 |
| than a county, nor to have
resumed service as a judge, on the | 33 |
| basis of that service, and the retirement annuity payments and | 34 |
| other benefits of that person under this Code shall not be |
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| suspended, diminished, or otherwise impaired solely as a | 2 |
| consequence of that service. This subsection (e) applies | 3 |
| without regard to whether the person is in service as a judge | 4 |
| under this Article on or after the effective date of this | 5 |
| amendatory Act of the 93rd General Assembly. In this | 6 |
| subsection, a "part-time employee" is a person who is not | 7 |
| required to work at least 35 hours per week.
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| (f) A participant receiving a retirement annuity under this | 9 |
| Article who has made an election under Section 1-123 and who is | 10 |
| serving either as legal counsel in the Office of the Governor | 11 |
| or as Chief Deputy Attorney General shall not be deemed to be | 12 |
| regularly employed for compensation by an employer other than a | 13 |
| county, nor to have resumed service as a judge, on the basis of | 14 |
| that service, and the retirement annuity payments and other | 15 |
| benefits of that person under this Code shall not be suspended, | 16 |
| diminished, or otherwise impaired solely as a consequence of | 17 |
| that service. This subsection (f) applies without regard to | 18 |
| whether the person is in service as a judge under this Article | 19 |
| on or after the effective date of this amendatory Act of the | 20 |
| 93rd General Assembly.
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| (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
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| Section 10. The Associate Judges Act is amended by changing | 23 |
| Sections 2.1 and 3 as follows:
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| (705 ILCS 45/2.1) (from Ch. 37, par. 160.2-1)
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| Sec. 2.1. If the maximum number of associate judges | 26 |
| authorized under
Section 2 of this Act is appointed, and the | 27 |
| chief judge of the circuit
considers the
number of associate | 28 |
| judges inadequate, additional associate judges may be
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| appointed as provided in this Section 2.1.
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| The chief judge of the circuit in which it is desired to | 31 |
| appoint one or
more additional associate or temporary | 32 |
| contractual judges shall file in writing
a petition with the |
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| Supreme Court listing the reasons such circuit
needs the | 2 |
| additional associate or temporary contractual judge
and | 3 |
| detailing what use will be made of each such associate or | 4 |
| temporary contractual judge.
The Supreme Court shall determine | 5 |
| whether a clear need
exists for the additional associate or | 6 |
| temporary contractual judges.
The Supreme Court shall consider | 7 |
| the following factors in making its
determination: (1) case | 8 |
| loads in the circuit; (2) the number of associate
judges, | 9 |
| resident circuit judges , temporary contractual judges,
and | 10 |
| circuit judges in the circuit; (3)
the number and location in | 11 |
| the circuit of major federal and state highways;
(4) the | 12 |
| location in the circuit of state police highway truck weighing
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| stations; (5) the relationship of urban population to large | 14 |
| metropolitan
centers in the various counties of the circuit; | 15 |
| (6) the location in the
circuit of state institutions | 16 |
| including,
but not limited to, universities, mental health | 17 |
| facilities and penitentiaries;
(7) any other factor deemed | 18 |
| relevant by the Supreme Court.
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| If the Supreme Court finds that the factors listed in this | 20 |
| Section 2.1 are met and there has been shown to be adequate | 21 |
| local or State funding, then the Supreme Court may authorize | 22 |
| the chief judge of the circuit to appoint one or more temporary | 23 |
| contractual judges to help with the backlog of cases. The | 24 |
| temporary contractual judge appointments shall be made from | 25 |
| persons who have previously served as associate judges and | 26 |
| whose terms have expired.
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| The Supreme Court shall either approve or disapprove the | 28 |
| petition. If
approved, the Supreme Court shall notify in | 29 |
| writing the chief judge
who filed the petition as to the number | 30 |
| of additional associate or temporary contractual judges who
may | 31 |
| be appointed in the circuit. If the Supreme Court disapproves, | 32 |
| it need
not state its reasons therefor.
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| The maximum number of associate judges appointed under the | 34 |
| provisions of
this Section 2.1 shall not exceed 50 throughout |
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| the state. There is no
limit within this maximum figure on the | 2 |
| number of associate or temporary contractual judges that may
be | 3 |
| appointed pursuant to this Section 2.1 in any particular | 4 |
| circuit.
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| (Source: P.A. 84-1395.)
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| (705 ILCS 45/3) (from Ch. 37, par. 160.3)
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| Sec. 3. Associate judges shall be retired at the same age | 8 |
| as that set
by law for judges , unless retained as temporary | 9 |
| contractual judges pursuant to Section 2.1 of this Act .
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| (Source: P.A. 79-687; 79-1360.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
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