Illinois General Assembly - Full Text of HB0804
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Full Text of HB0804  95th General Assembly

HB0804sam003 95TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 5/22/2007

 

 


 

 


 
09500HB0804sam003 LRB095 10606 AMC 36675 a

1
AMENDMENT TO HOUSE BILL 804

2     AMENDMENT NO. ______. Amend House Bill 804, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Pension Code is amended by
6 changing Sections 3-109, 7-139, and 14-104 as follows:
 
7     (40 ILCS 5/3-109)  (from Ch. 108 1/2, par. 3-109)
8     Sec. 3-109. Persons excluded.
9     (a) The following persons shall not be eligible to
10 participate in a fund created under this Article:
11         (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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1     of a police department who perform clerical duties
2     exclusively;
3         (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
11     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
17         (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
21     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.
24     (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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1 thereunder.
2     (c) Any person otherwise qualified to participate who was
3 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.
16     (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
21 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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1 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.
5     (e) A person employed by the Village of Shiloh who is
6 otherwise qualified to participate and was excluded from
7 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.
25 (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
 

 

 

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1     (40 ILCS 5/7-139)  (from Ch. 108 1/2, par. 7-139)
2     Sec. 7-139. Credits and creditable service to employees.
3     (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:
7         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
11     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:
15         If the effective date of participation for the
16     participating municipality or participating
17     instrumentality is on or before January 1, 1998, creditable
18     service shall be granted for the entire period of prior
19     service with that employer without any employee
20     contribution.
21         If the effective date of participation for the
22     participating municipality or participating
23     instrumentality is after January 1, 1998, creditable
24     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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1     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.
13         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.
23         Any person who has withdrawn from the service of a
24     participating municipality or participating
25     instrumentality prior to the effective date, who reenters
26     the service of the same municipality or participating

 

 

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1     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
5     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
10     reentering service with the employer after the employer's
11     effective date of participation.
12         2. For current service, each participating employee
13     shall be credited with:
14             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.
18             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).
25             c. Municipality credits in an amount equal to 1.4
26         times the normal credits, except those established by

 

 

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1         out-of-state service credits, as of the date of
2         computation of any benefit if these credits would
3         increase the benefit.
4             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
8         for the purpose of establishing out-of-state service
9         credits.
10         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.
18         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:
22             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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1             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.
5             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
9         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
13         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.
17             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
21         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
25         payable.
26             e. No credits or creditable service shall be

 

 

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1         allowed for leave of absence without pay during any
2         period of prior service.
3         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
8     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
17     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.
23         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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1     completion of full time active duty by entering the service
2     of a different municipality or participating
3     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.
13         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.
23         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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1         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
11     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.
19         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.
23         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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1     all rights to benefits in the out-of-state public employees
2     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
7     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.
17         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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1     resolution of the governing body of the affected
2     municipality filed with the Fund before January 1, 2002.
3         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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1     is not received, as follows:
2             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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1             e. Employee contributions shall not be required
2         for creditable service under this subdivision 8.
3             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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1     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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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

 

 

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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

 

 

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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

 

 

09500HB0804sam003 - 21 - LRB095 10606 AMC 36675 a

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.

 

 

09500HB0804sam003 - 22 - 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 - 23 - 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 - 24 - 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 - 25 - 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.

 

 

09500HB0804sam003 - 26 - 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 - 27 - 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.".