Full Text of HB0804 95th General Assembly
HB0804sam003 95TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 5/22/2007
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09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
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| AMENDMENT TO HOUSE BILL 804
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| AMENDMENT NO. ______. Amend House Bill 804, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Pension Code is amended by | 6 |
| changing Sections 3-109, 7-139, and 14-104 as follows:
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| (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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| Sec. 3-109. Persons excluded.
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| (a) The following persons shall not be eligible to | 10 |
| participate in a fund
created under this Article:
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| (1) part-time police officers, special police | 12 |
| officers, night watchmen,
temporary employees, traffic | 13 |
| guards or so-called auxiliary police officers
specially | 14 |
| appointed to aid or direct traffic at or near schools or | 15 |
| public
functions, or to aid in civil defense, municipal | 16 |
| parking lot attendants,
clerks or other civilian employees |
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| of a police department who perform
clerical duties | 2 |
| exclusively;
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| (2) any police officer who fails to pay the | 4 |
| contributions required
under Section 3-125.1, computed (i) | 5 |
| for funds established prior to August
5, 1963, from the | 6 |
| date the municipality established the fund or the date of
a | 7 |
| police officer's first appointment (including an | 8 |
| appointment on probation),
whichever is later, or (ii) for | 9 |
| funds established after August 5, 1963,
from the date, as | 10 |
| determined from the statistics or census provided in
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| Section 3-103, the municipality became subject to this | 12 |
| Article by attaining
the minimum population or by | 13 |
| referendum, or the date of a police officer's
first | 14 |
| appointment (including an appointment on probation), | 15 |
| whichever is
later, and continuing during his or her entire | 16 |
| service as a police officer; and
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| (3) any person who has elected under Section 3-109.1 to | 18 |
| participate in
the Illinois Municipal Retirement Fund | 19 |
| rather than in a fund established
under this Article, | 20 |
| without regard to whether the person continues to be
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| employed as chief of police or is employed in some other | 22 |
| rank or capacity
within the police department, unless the | 23 |
| person has lawfully rescinded that
election.
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| (b) A police officer who is reappointed shall, before being | 25 |
| declared
eligible to participate in the pension fund, repay to | 26 |
| the fund as required
by Section 3-124 any refund received |
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| thereunder.
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| (c) Any person otherwise qualified to participate who was
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| excluded from participation by reason of the age restriction | 4 |
| removed by
Public Act 79-1165 may elect to participate by | 5 |
| making a written application
to the Board before January 1, | 6 |
| 1990. Persons so electing shall begin
participation on the | 7 |
| first day of the month following the date of
application. Such | 8 |
| persons may also elect to establish creditable service
for | 9 |
| periods of employment as a police officer during which they did | 10 |
| not
participate by paying into the police pension fund, before | 11 |
| January 1, 1990,
the amount that the person would have | 12 |
| contributed had deductions from
salary been made for such | 13 |
| purpose at the time such service was rendered,
together with | 14 |
| interest thereon at 6% per annum from the time such service
was | 15 |
| rendered until the date the payment is made.
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| (d) A person otherwise qualified to participate who was | 17 |
| excluded from
participation by reason of the fitness | 18 |
| requirement removed by this amendatory
Act of 1995 may elect to | 19 |
| participate by making a written application to the
Board before | 20 |
| July 1, 1996. Persons so electing shall begin participation on
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| the first day of the month following the month in which the | 22 |
| application is
received by the Board. These persons may also | 23 |
| elect to establish creditable
service for periods of employment | 24 |
| as a police officer during which they did not
participate by | 25 |
| paying into the police pension fund, before January 1, 1997, | 26 |
| the
amount that the person would have contributed had |
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| deductions from salary been
made for this purpose at the time | 2 |
| the service was rendered, together with
interest thereon at 6% | 3 |
| per annum, compounded annually, from the time the
service was | 4 |
| rendered until the date of payment.
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| (e) A person employed by the Village of Shiloh who is | 6 |
| otherwise qualified to participate and was excluded from
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| participation by reason of his or her failure to make written | 8 |
| application to the Board within 3 months after receiving his or | 9 |
| her first appointment or reappointment as required under | 10 |
| Section 3-106 may elect to participate by making a written | 11 |
| application to the
Board before July 1, 2008. Persons so | 12 |
| electing shall begin participation on
the first day of the | 13 |
| month following the month in which the application is
received | 14 |
| by the Board. These persons may also elect to establish | 15 |
| creditable
service for periods of employment as a police | 16 |
| officer during which they did not
participate by paying into | 17 |
| the police pension fund, before January 1, 2009, the
amount | 18 |
| that the person would have contributed had deductions from | 19 |
| salary been
made for this purpose at the time the service was | 20 |
| rendered, together with
interest thereon at 6% per annum, | 21 |
| compounded annually, from the time the
service was rendered | 22 |
| until the date of payment. The Village of Shiloh must pay to | 23 |
| the System the corresponding employer contributions, plus | 24 |
| interest.
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| (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
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| (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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| Sec. 7-139. Credits and creditable service to employees.
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| (a) Each participating employee shall be granted credits | 4 |
| and creditable
service, for purposes of determining the amount | 5 |
| of any annuity or benefit
to which he or a beneficiary is | 6 |
| entitled, as follows:
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| 1. For prior service: Each participating employee who | 8 |
| is an employee
of a participating municipality or | 9 |
| participating instrumentality on the
effective date shall | 10 |
| be granted creditable service, but no credits under
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| paragraph 2 of this subsection (a), for periods of prior | 12 |
| service for which
credit has not been received under any | 13 |
| other pension fund or retirement system
established under | 14 |
| this Code, as follows:
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| If the effective date of participation for the | 16 |
| participating municipality
or participating | 17 |
| instrumentality is on or before January 1, 1998, creditable
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| service shall be granted for the entire period of prior | 19 |
| service with that
employer without any employee | 20 |
| contribution.
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| If the effective date of participation for the | 22 |
| participating municipality
or participating | 23 |
| instrumentality is after January 1, 1998, creditable
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| service shall be granted for the last 20% of the period of | 25 |
| prior service with
that employer, but no more than 5 years, | 26 |
| without any employee contribution. A
participating |
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| employee may establish creditable service for the | 2 |
| remainder of
the period of prior service with that employer | 3 |
| by making an application in
writing, accompanied by payment | 4 |
| of an employee contribution in an
amount determined by the | 5 |
| Fund, based on the employee contribution rates in
effect at | 6 |
| the time of application for the creditable service and the | 7 |
| employee's
salary rate on the effective date of | 8 |
| participation for that employer, plus
interest at the | 9 |
| effective rate from the date of the prior service to the | 10 |
| date
of payment. Application for this creditable service | 11 |
| may be made at any time
while the employee is still in | 12 |
| service.
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| A municipality that (i) has at least 35 employees; (ii) | 14 |
| is located in a county with at least 2,000,000 inhabitants; | 15 |
| and (iii) maintains an independent defined benefit pension | 16 |
| plan for the benefit of its eligible employees may restrict | 17 |
| creditable service in whole or in part for periods of prior | 18 |
| service with the employer if the governing body of the | 19 |
| municipality adopts an irrevocable resolution to restrict | 20 |
| that creditable service and files the resolution with the | 21 |
| board before the municipality's effective date of | 22 |
| participation.
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| Any person who has withdrawn from the service of a | 24 |
| participating
municipality
or participating | 25 |
| instrumentality prior to the effective date, who reenters
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| the service of the same municipality or participating |
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| instrumentality after
the effective date and becomes a | 2 |
| participating employee is entitled to
creditable service | 3 |
| for prior service as otherwise provided in this
subdivision | 4 |
| (a)(1) only if he or she renders 2 years of service as a
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| participating employee after the effective date. | 6 |
| Application
for such service must be made while in a | 7 |
| participating status.
The salary rate to be used in the | 8 |
| calculation of the required employee
contribution, if any, | 9 |
| shall be the employee's salary rate at the time of first
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| reentering service with the employer after the employer's | 11 |
| effective date of
participation.
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| 2. For current service, each participating employee | 13 |
| shall be
credited with:
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| a. Additional credits of amounts equal to each | 15 |
| payment of additional
contributions received from him | 16 |
| under Section 7-173, as of the
date the corresponding | 17 |
| payment of earnings is payable to him.
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| b. Normal credits of amounts equal to each payment | 19 |
| of normal
contributions received from him, as of the | 20 |
| date the corresponding payment of
earnings is payable | 21 |
| to him, and normal contributions made for the purpose | 22 |
| of
establishing out-of-state service credits as | 23 |
| permitted under the conditions set
forth in paragraph 6 | 24 |
| of this subsection (a).
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| c. Municipality credits in an amount equal to 1.4 | 26 |
| times the normal
credits, except those established by |
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| out-of-state service credits, as of
the date of | 2 |
| computation of any benefit if these credits would | 3 |
| increase
the benefit.
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| d. Survivor credits equal to each payment of | 5 |
| survivor contributions
received from the participating | 6 |
| employee as of the date the
corresponding payment of | 7 |
| earnings is payable, and survivor contributions made
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| for the purpose of establishing out-of-state service | 9 |
| credits.
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| 3. For periods of temporary and total and permanent | 11 |
| disability
benefits, each employee receiving disability | 12 |
| benefits shall be granted
creditable service for the period | 13 |
| during which disability benefits are
payable. Normal and | 14 |
| survivor credits, based upon the rate of earnings
applied | 15 |
| for disability benefits, shall also be granted if such | 16 |
| credits
would result in a higher benefit to any such | 17 |
| employee or his
beneficiary.
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| 4. For authorized leave of absence without pay: A | 19 |
| participating
employee shall be granted credits and | 20 |
| creditable service for periods of
authorized leave of | 21 |
| absence without pay under the following
conditions:
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| a. An application for credits and creditable | 23 |
| service is submitted to the
board while the employee is | 24 |
| in a status of
active employment, and within 2 years | 25 |
| after termination of the
leave of absence period for | 26 |
| which credits and creditable service are
sought.
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| b. Not more than 12 complete months of creditable | 2 |
| service
for authorized leave of absence without pay | 3 |
| shall be counted for purposes of
determining any | 4 |
| benefits payable under this Article.
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| c. Credits and creditable service shall be granted | 6 |
| for leave of
absence only if such leave is approved by | 7 |
| the governing body of the
municipality, including | 8 |
| approval of the estimated cost thereof to the
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| municipality as determined by the fund, and employee | 10 |
| contributions, plus
interest at the effective rate | 11 |
| applicable for each year from the end of
the period of | 12 |
| leave to date of payment, have been paid to the fund in
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| accordance with Section 7-173. The contributions shall | 14 |
| be computed upon the
assumption earnings continued | 15 |
| during the period of leave at the rate in
effect when | 16 |
| the leave began.
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| d. Benefits under the provisions of Sections | 18 |
| 7-141, 7-146, 7-150
and 7-163 shall become payable to | 19 |
| employees on authorized leave of
absence, or their | 20 |
| designated beneficiary, only if such leave of absence
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| is creditable hereunder, and if the employee has at | 22 |
| least one year of
creditable service other than the | 23 |
| service granted for leave of absence.
Any employee | 24 |
| contributions due may be deducted from any benefits
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| payable.
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| e. No credits or creditable service shall be |
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| allowed for leave of
absence without pay during any | 2 |
| period of prior service.
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| 5. For military service: The governing body of a | 4 |
| municipality or
participating instrumentality may elect to | 5 |
| allow creditable service to
participating employees who | 6 |
| leave their employment to serve in the armed
forces of the | 7 |
| United States for all periods of such service, provided
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| that the person returns to active employment within 90 days | 9 |
| after
completion
of full time active duty, but no | 10 |
| creditable service shall be allowed such
person for any | 11 |
| period that can be used in the computation of a pension
or | 12 |
| any other pay or benefit, other than pay for active duty, | 13 |
| for service
in any branch of the armed forces of the United | 14 |
| States. If necessary to
the computation of any benefit, the | 15 |
| board shall establish municipality
credits for | 16 |
| participating employees under this paragraph on the
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| assumption that the employee received earnings at the rate | 18 |
| received at
the time he left the employment to enter the | 19 |
| armed forces. A
participating employee in the armed forces | 20 |
| shall not be considered an
employee during such period of | 21 |
| service and no additional death and no
disability benefits | 22 |
| are payable for death or disability during such period.
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| Any participating employee who left his employment | 24 |
| with a
municipality or participating instrumentality to | 25 |
| serve in the armed
forces of the United States and who | 26 |
| again became a participating
employee within 90 days after |
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| completion of full time active duty by
entering the service | 2 |
| of a different municipality or participating
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| instrumentality, which has elected to allow creditable | 4 |
| service for
periods of military service under the preceding | 5 |
| paragraph, shall also be
allowed creditable service for his | 6 |
| period of military service on the
same terms that would | 7 |
| apply if he had been employed, before entering
military | 8 |
| service, by the municipality or instrumentality which | 9 |
| employed
him after he left the military service and the | 10 |
| employer costs arising in
relation to such grant of | 11 |
| creditable service shall be charged to and
paid by that | 12 |
| municipality or instrumentality.
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| Notwithstanding the foregoing, any participating | 14 |
| employee
shall be entitled to creditable service as | 15 |
| required by any federal law
relating to re-employment | 16 |
| rights of persons who served in the United States
Armed | 17 |
| Services. Such creditable service shall be granted upon | 18 |
| payment by
the member of an amount equal to the employee | 19 |
| contributions which would
have been required had the | 20 |
| employee continued in service at the same
rate of earnings | 21 |
| during the military leave period, plus interest at
the | 22 |
| effective rate.
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| 5.1. In addition to any creditable service established | 24 |
| under
paragraph 5 of this subsection (a), creditable | 25 |
| service may be granted for
up to 48
24 months of service in | 26 |
| the armed forces of the United States.
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| In order to receive creditable service for military | 2 |
| service under this
paragraph 5.1, a participating employee | 3 |
| must (1) apply to the Fund
in writing and provide evidence | 4 |
| of the military service that is satisfactory
to the Board; | 5 |
| (2) obtain the written approval of the current employer; | 6 |
| and (3)
make contributions to the Fund equal to (i)
the | 7 |
| employee contributions that would have been required had | 8 |
| the service been
rendered as a member, plus (ii) an amount | 9 |
| determined by the board to be equal
to the employer's | 10 |
| normal cost of the benefits accrued for that military
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| service, plus (iii) interest on items (i) and (ii) from the | 12 |
| date of first
membership in the Fund to the date of | 13 |
| payment. If payment is made during
the 6-month period that | 14 |
| begins
3 months after the effective date of this
amendatory | 15 |
| Act of
1997, the required interest shall be at the rate of | 16 |
| 2.5%
per year, compounded annually; otherwise, the | 17 |
| required interest shall be
calculated at the regular | 18 |
| interest rate.
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| The changes made to this paragraph 5.1 by this | 20 |
| amendatory Act of the 95th General Assembly apply only to | 21 |
| participating employees in service on or after its | 22 |
| effective date.
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| 6. For out-of-state service: Creditable service shall | 24 |
| be granted for
service rendered to an out-of-state local | 25 |
| governmental body under the
following conditions: The | 26 |
| employee had participated and has irrevocably
forfeited |
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| all rights to benefits in the out-of-state public employees
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| pension system; the governing body of his participating | 3 |
| municipality or
instrumentality authorizes the employee to | 4 |
| establish such service; the
employee has 2 years current | 5 |
| service with this municipality or
participating | 6 |
| instrumentality; the employee makes a payment of
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| contributions, which shall be computed at 8% (normal) plus | 8 |
| 2% (survivor)
times length of service purchased times the | 9 |
| average rate of earnings for the
first 2
years of service | 10 |
| with the municipality or participating
instrumentality | 11 |
| whose governing body authorizes the service established
| 12 |
| plus interest at the effective rate on the date such | 13 |
| credits are
established, payable from the date the employee | 14 |
| completes the required 2
years of current service to date | 15 |
| of payment. In no case shall more than
120 months of | 16 |
| creditable service be granted under this provision.
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| 7. For retroactive service: Any employee who could have | 18 |
| but did not
elect to become a participating employee, or | 19 |
| who should have been a
participant in the Municipal Public | 20 |
| Utilities Annuity and Benefit Fund
before that fund was | 21 |
| superseded, may receive creditable service for the
period | 22 |
| of service not to exceed 50 months; however, a current or | 23 |
| former
elected or appointed official of a participating | 24 |
| municipality may establish credit under this paragraph 7 | 25 |
| for more than 50
months of service as an official of that | 26 |
| municipality, if the excess over 50 months is approved by |
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| resolution of the
governing body of the affected | 2 |
| municipality filed with
the Fund before January 1, 2002.
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| Any employee who is a
participating employee on or | 4 |
| after September 24, 1981 and who was
excluded from | 5 |
| participation by the age restrictions removed by Public Act
| 6 |
| 82-596 may receive creditable service for the period, on or | 7 |
| after January
1, 1979, excluded by the age restriction and, | 8 |
| in addition, if the governing
body of the participating | 9 |
| municipality or participating instrumentality elects
to | 10 |
| allow creditable service for all employees excluded by the | 11 |
| age restriction
prior to January 1, 1979, for service | 12 |
| during the period prior to that date
excluded by the age | 13 |
| restriction. Any employee who was excluded from
| 14 |
| participation by the age restriction removed by Public Act | 15 |
| 82-596 and who is
not a participating employee on or after | 16 |
| September 24, 1981 may receive
creditable service for | 17 |
| service after January 1,
1979. Creditable service under | 18 |
| this paragraph
shall be granted upon payment of the | 19 |
| employee contributions
which would have been required had | 20 |
| he participated, with interest at the
effective rate for | 21 |
| each year from the end of the period of service
established | 22 |
| to date of payment.
| 23 |
| 8. For accumulated unused sick leave: A participating | 24 |
| employee who is
applying for a retirement annuity shall be | 25 |
| entitled to creditable service
for that portion of the | 26 |
| employee's accumulated unused sick leave
for which payment |
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| is not received, as follows:
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| a. Sick leave days shall be limited to those | 3 |
| accumulated under a sick
leave plan established by a | 4 |
| participating municipality or participating
| 5 |
| instrumentality which is available to all employees or | 6 |
| a class of employees.
| 7 |
| b. Only sick leave days accumulated with a | 8 |
| participating municipality or
participating | 9 |
| instrumentality with which the employee was in service | 10 |
| within
60 days of the effective date of his retirement | 11 |
| annuity shall be credited;
If the employee was in | 12 |
| service with more than one employer during this
period | 13 |
| only the sick leave days with the employer with which | 14 |
| the employee
has the greatest number of unpaid sick | 15 |
| leave days shall be considered.
| 16 |
| c. The creditable service granted shall be | 17 |
| considered solely for the
purpose of computing the | 18 |
| amount of the retirement annuity and shall not be
used | 19 |
| to establish any minimum service period required by any | 20 |
| provision of the
Illinois Pension Code, the effective | 21 |
| date of the retirement annuity, or the
final rate of | 22 |
| earnings.
| 23 |
| d. The creditable service shall be at the rate of | 24 |
| 1/20 of a month for
each full sick day, provided that | 25 |
| no more than 12 months may be credited
under this | 26 |
| subdivision 8.
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| e. Employee contributions shall not be required | 2 |
| for creditable service
under this subdivision 8.
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| f. Each participating municipality and | 4 |
| participating instrumentality
with which an employee | 5 |
| has service within 60 days of the effective date of
his | 6 |
| retirement annuity shall certify to the board the | 7 |
| number of accumulated
unpaid sick leave days credited | 8 |
| to the employee at the time of termination
of service.
| 9 |
| 9. For service transferred from another system: | 10 |
| Credits and
creditable service shall be granted for service | 11 |
| under Article 3, 4, 5, 14
or 16 of this Act, to any active | 12 |
| member of this Fund, and to any
inactive member who has | 13 |
| been a county sheriff, upon
transfer of such credits | 14 |
| pursuant to Section 3-110.3, 4-108.3, 5-235,
14-105.6 or | 15 |
| 16-131.4, and payment by the member of the amount by
which | 16 |
| (1) the employer and employee contributions that would have | 17 |
| been required
if he had participated in this Fund as a | 18 |
| sheriff's law enforcement employee
during the period for | 19 |
| which credit is
being transferred, plus interest thereon at | 20 |
| the effective rate for each
year, compounded annually, from | 21 |
| the date of termination of the service for
which credit is | 22 |
| being transferred to the date of payment, exceeds (2) the
| 23 |
| amount actually transferred to the Fund.
Such transferred | 24 |
| service shall be deemed to be service as a sheriff's law
| 25 |
| enforcement employee for the purposes of Section 7-142.1.
| 26 |
| 10. For service transferred from an Article 3 system |
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| under Section 3-110.8: Credits and
creditable service | 2 |
| shall be granted for service under Article 3 of this Act as | 3 |
| provided in Section 3-110.8, to any active member of this | 4 |
| Fund upon
transfer of such credits pursuant to Section | 5 |
| 3-110.8. If the amount by
which (1) the employer and | 6 |
| employee contributions that would have been required
if he | 7 |
| had participated in this Fund during the period for which | 8 |
| credit is
being transferred, plus interest thereon at the | 9 |
| effective rate for each
year, compounded annually, from the | 10 |
| date of termination of the service for
which credit is | 11 |
| being transferred to the date of payment, exceeds (2) the
| 12 |
| amount actually transferred to the Fund, then the amount of | 13 |
| creditable service established under this paragraph 10 | 14 |
| shall be reduced by a corresponding amount in accordance | 15 |
| with the rules and procedures established under this | 16 |
| paragraph 10.
| 17 |
| The board shall establish by rule the manner of making | 18 |
| the calculation required under
this paragraph 10, taking | 19 |
| into account the appropriate actuarial
assumptions; the | 20 |
| member's service, age, and salary history; the level
of | 21 |
| funding of the employer; and
any other factors that the | 22 |
| board determines to be relevant.
| 23 |
| (b) Creditable service - amount:
| 24 |
| 1. One month of creditable service
shall be allowed for | 25 |
| each month for which a participating employee made
| 26 |
| contributions as required under Section 7-173, or for which |
|
|
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LRB095 10606 AMC 36675 a |
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| 1 |
| creditable
service is otherwise granted hereunder. Not | 2 |
| more than 1 month of
service shall be credited and counted | 3 |
| for 1 calendar month, and not more
than 1 year of service | 4 |
| shall be credited and counted for any calendar
year. A | 5 |
| calendar month means a nominal month beginning on the first | 6 |
| day
thereof, and a calendar year means a year beginning | 7 |
| January 1 and ending
December 31.
| 8 |
| 2. A seasonal employee shall be given 12 months of | 9 |
| creditable
service if he renders the number of months of | 10 |
| service normally required
by the position in a 12-month | 11 |
| period and he remains in service for the
entire 12-month | 12 |
| period. Otherwise a fractional year of service in the
| 13 |
| number of months of service rendered shall be credited.
| 14 |
| 3. An intermittent employee shall be given creditable | 15 |
| service for
only those months in which a contribution is | 16 |
| made under Section 7-173.
| 17 |
| (c) No application for correction of credits or creditable | 18 |
| service shall
be considered unless the board receives an | 19 |
| application for correction while
(1) the applicant is a | 20 |
| participating employee and in active employment
with a | 21 |
| participating municipality or instrumentality, or (2) while | 22 |
| the
applicant is actively participating in a pension fund or | 23 |
| retirement
system which is a participating system under the | 24 |
| Retirement Systems
Reciprocal Act. A participating employee or | 25 |
| other applicant shall not be
entitled to credits or creditable | 26 |
| service unless the required employee
contributions are made in |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
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| 1 |
| a lump sum or in installments made in accordance
with board | 2 |
| rule.
| 3 |
| (d) Upon the granting of a retirement, surviving spouse or | 4 |
| child
annuity, a death benefit or a separation benefit, on | 5 |
| account of any
employee, all individual accumulated credits | 6 |
| shall thereupon terminate.
Upon the withdrawal of additional | 7 |
| contributions, the credits applicable
thereto shall thereupon | 8 |
| terminate. Terminated credits shall not be applied
to increase | 9 |
| the benefits any remaining employee would otherwise receive | 10 |
| under
this Article.
| 11 |
| (Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
| 12 |
| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | 13 |
| Sec. 14-104. Service for which contributions permitted.
| 14 |
| Contributions provided for in this Section shall cover the | 15 |
| period of
service granted. Except as otherwise provided in this | 16 |
| Section, the
contributions shall be based upon the employee's | 17 |
| compensation and
contribution rate in effect on the date he | 18 |
| last became a member of the
System; provided that for all | 19 |
| employment prior to January 1, 1969 the
contribution rate shall | 20 |
| be that in effect for a noncovered employee on
the date he last | 21 |
| became a member of the System. Except as otherwise provided
in | 22 |
| this Section, contributions permitted under this Section shall | 23 |
| include
regular interest from the date an employee last became | 24 |
| a member of the System
to the date of payment.
| 25 |
| These contributions must be paid in full before retirement |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| either in
a lump sum or in installment payments in accordance | 2 |
| with such rules as
may be adopted by the board.
| 3 |
| (a) Any member may make contributions as required in this | 4 |
| Section
for any period of service, subsequent to the date of | 5 |
| establishment, but
prior to the date of membership.
| 6 |
| (b) Any employee who had been previously excluded from | 7 |
| membership
because of age at entry and subsequently became | 8 |
| eligible may elect to
make contributions as required in this | 9 |
| Section for the period of service
during which he was | 10 |
| ineligible.
| 11 |
| (c) An employee of the Department of Insurance who, after | 12 |
| January 1,
1944 but prior to becoming eligible for membership, | 13 |
| received salary from
funds of insurance companies in the | 14 |
| process of rehabilitation,
liquidation, conservation or | 15 |
| dissolution, may elect to make
contributions as required in | 16 |
| this Section for such service.
| 17 |
| (d) Any employee who rendered service in a State office to | 18 |
| which he
was elected, or rendered service in the elective | 19 |
| office of Clerk of the
Appellate Court prior to the date he | 20 |
| became a member, may make
contributions for such service as | 21 |
| required in this Section. Any member
who served by appointment | 22 |
| of the Governor under the Civil Administrative
Code of Illinois | 23 |
| and did not participate in this System may make
contributions | 24 |
| as required in this Section for such service.
| 25 |
| (e) Any person employed by the United States government or | 26 |
| any
instrumentality or agency thereof from January 1, 1942 |
|
|
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LRB095 10606 AMC 36675 a |
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| 1 |
| 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.
| 11 |
| (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
| 19 |
| 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
| 26 |
| Section.
|
|
|
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09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| (g) Any employee who executed a waiver of membership within
| 2 |
| 60 days prior to January 1, 1944 may, at any time while in the | 3 |
| service of a
department, file with the board a rescission of | 4 |
| such waiver. Upon
making the contributions required by this | 5 |
| Section, the member shall be
granted the creditable service | 6 |
| that would have been received if the
waiver had not been | 7 |
| executed.
| 8 |
| (h) Until May 1, 1990, an employee who was employed on a | 9 |
| full-time
basis by a regional planning commission for at least | 10 |
| 5 continuous years may
establish creditable service for such | 11 |
| employment by making the
contributions required under this | 12 |
| Section, provided that any credits earned
by the employee in | 13 |
| the commission's retirement plan have been terminated.
| 14 |
| (i) Any person who rendered full time contractual services | 15 |
| to the General
Assembly as a member of a legislative staff may | 16 |
| establish service credit for up
to 8 years of such services by | 17 |
| making the contributions required under this
Section, provided | 18 |
| that application therefor is made not later than July 1,
1991.
| 19 |
| (j) By paying the contributions otherwise required under | 20 |
| this Section,
plus an amount determined by the Board to be | 21 |
| equal to the employer's normal
cost of the benefit plus | 22 |
| interest, but with all of the interest calculated
from the date | 23 |
| the employee last became a member of the System or November 19,
| 24 |
| 1991, whichever is later, to the date of payment, an employee | 25 |
| may establish
service credit
for a period of up to 4
2 years | 26 |
| spent in active military service for which he
does not qualify |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| for credit under Section 14-105, provided that (1) he was
not | 2 |
| dishonorably discharged from such military service, and (2) the | 3 |
| amount
of service credit established by a member under this | 4 |
| subsection (j), when
added to the amount of military service | 5 |
| credit granted to the member under
subsection (b) of Section | 6 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 7 |
| calculating interest under this subsection (j) made by this
| 8 |
| amendatory Act of the 92nd General Assembly applies to credit | 9 |
| purchased by an
employee on or after its effective date and | 10 |
| does not entitle any person to a
refund of contributions or | 11 |
| interest already paid.
In compliance with Section 14-152.1 of | 12 |
| this Act concerning new benefit increases, any new benefit | 13 |
| increase as a result of the changes to this subsection (j) made | 14 |
| by this amendatory Act of the 95th General Assembly is funded | 15 |
| through the employee contributions provided for in this | 16 |
| subsection (j). Any new benefit increase as a result of the | 17 |
| changes made to this subsection (j) by this amendatory Act of | 18 |
| the 95th General Assembly is exempt from the provisions of | 19 |
| subsection (d) of Section 14-152.1.
| 20 |
| (k) An employee who was employed on a full-time basis by | 21 |
| the Illinois
State's Attorneys Association Statewide Appellate | 22 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 23 |
| that project became the State's
Attorneys Appellate Service | 24 |
| Commission, now the Office of the State's
Attorneys Appellate | 25 |
| Prosecutor, an agency of State government, may
establish | 26 |
| creditable service for not more than 60 months service for
such |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| employment by making contributions required under this | 2 |
| Section.
| 3 |
| (l) By paying the contributions otherwise required under | 4 |
| this Section,
plus an amount determined by the Board to be | 5 |
| equal to the employer's normal
cost of the benefit plus | 6 |
| interest, a member may establish service credit
for periods of | 7 |
| less than one year spent on authorized leave of absence from
| 8 |
| service, provided that (1) the period of leave began on or | 9 |
| after January 1,
1982 and (2) any credit established by the | 10 |
| member for the period of leave in
any other public employee | 11 |
| retirement system has been terminated. A member
may establish | 12 |
| service credit under this subsection for more than one period
| 13 |
| of authorized leave, and in that case the total period of | 14 |
| service credit
established by the member under this subsection | 15 |
| may exceed one year. In
determining the contributions required | 16 |
| for establishing service credit under
this subsection, the | 17 |
| interest shall be calculated from the beginning of the
leave of | 18 |
| absence to the date of payment.
| 19 |
| (m) Any person who rendered contractual services to a | 20 |
| member of
the General Assembly as a worker in the member's | 21 |
| district office may establish
creditable service for up to 3 | 22 |
| years of those contractual services by making
the contributions | 23 |
| required under this Section. The System shall determine a
| 24 |
| full-time salary equivalent for the purpose of calculating the | 25 |
| required
contribution. To establish credit under this | 26 |
| subsection, the applicant must
apply to the System by March 1, |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| 1998.
| 2 |
| (n) Any person who rendered contractual services to a | 3 |
| member of
the General Assembly as a worker providing | 4 |
| constituent services to persons in
the member's district may | 5 |
| establish
creditable service for up to 8 years of those | 6 |
| contractual services by making
the contributions required | 7 |
| under this Section. The System shall determine a
full-time | 8 |
| salary equivalent for the purpose of calculating the required
| 9 |
| contribution. To establish credit under this subsection, the | 10 |
| applicant must
apply to the System by March 1, 1998.
| 11 |
| (o) A member who participated in the Illinois Legislative | 12 |
| Staff
Internship Program may establish creditable service for | 13 |
| up to one year
of that participation by making the contribution | 14 |
| required under this Section.
The System shall determine a | 15 |
| full-time salary equivalent for the purpose of
calculating the | 16 |
| required contribution. Credit may not be established under
this | 17 |
| subsection for any period for which service credit is | 18 |
| established under
any other provision of this Code.
| 19 |
| (p) By paying the contributions otherwise required under | 20 |
| this Section,
plus an amount determined by the Board to be | 21 |
| equal to the employer's normal
cost of the benefit plus | 22 |
| interest, a member may establish service credit
for a period of | 23 |
| up to 8 years during which he or she was employed by the
| 24 |
| Visually Handicapped Managers of Illinois in a vending program | 25 |
| operated under
a contractual agreement with the Department of | 26 |
| Rehabilitation Services or its successor agency.
|
|
|
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LRB095 10606 AMC 36675 a |
|
| 1 |
| This subsection (p) applies without regard to whether the | 2 |
| person was in service on or after the effective date of this | 3 |
| amendatory Act of the 94th General Assembly. In the case of a | 4 |
| person who is receiving a retirement annuity on that effective | 5 |
| date, the increase, if any, shall begin to accrue on the first | 6 |
| annuity payment date following receipt by the System of the | 7 |
| contributions required under this subsection (p).
| 8 |
| (q) By paying the required contributions under this | 9 |
| Section, plus an amount determined by the Board to be equal to | 10 |
| the employer's normal cost of the benefit plus interest, an | 11 |
| employee who was laid off but returned to State employment | 12 |
| under circumstances in which the employee is considered to have | 13 |
| been in continuous service for purposes of determining | 14 |
| seniority may establish creditable service for the period of | 15 |
| the layoff, provided that (1) the applicant applies for the | 16 |
| creditable service under this subsection (q) within 6 months | 17 |
| after the effective date of this amendatory Act of the 94th | 18 |
| General Assembly, (2) the applicant does not receive credit for | 19 |
| that period under any other provision of this Code, (3) at the | 20 |
| time of the layoff, the applicant is not in an initial | 21 |
| probationary status consistent with the rules of the Department | 22 |
| of Central Management Services, and (4) the total amount of | 23 |
| creditable service established by the applicant under this | 24 |
| subsection (q) does not exceed 3 years. For service established | 25 |
| under this subsection (q), the required employee contribution | 26 |
| shall be based on the rate of compensation earned by the |
|
|
|
09500HB0804sam003 |
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LRB095 10606 AMC 36675 a |
|
| 1 |
| employee on the date of returning to employment after the | 2 |
| layoff and the contribution rate then in effect, and the | 3 |
| required interest shall be calculated from the date of | 4 |
| returning to employment after the layoff to the date of | 5 |
| payment.
| 6 |
| (Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07.)
| 7 |
| Section 90. The State Mandates Act is amended by adding | 8 |
| Section 8.31 as follows: | 9 |
| (30 ILCS 805/8.31 new) | 10 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 |
| of this Act, no reimbursement by the State is required for the | 12 |
| implementation of any mandate created by this amendatory Act of | 13 |
| the 95th General Assembly.
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|