Full Text of HB1291 96th General Assembly
HB1291sam001 96TH GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 4/28/2009
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| AMENDMENT TO HOUSE BILL 1291
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| AMENDMENT NO. ______. Amend House Bill 1291 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 3-110, 5-212, 7-139, 9-179.1, 13-403, and | 6 |
| 15-113.3 and by adding Sections 5-214.3, 6-210.4, and 8-230.11 | 7 |
| as follows:
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| (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
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| Sec. 3-110. Creditable service.
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| (a) "Creditable service" is the time served by a police | 11 |
| officer as a member
of a regularly constituted police force of | 12 |
| a municipality. In computing
creditable service furloughs | 13 |
| without pay exceeding 30 days shall not be
counted, but all | 14 |
| leaves of absence for illness or accident, regardless of
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| length, and all periods of disability retirement for which a | 16 |
| police officer has
received no disability pension payments |
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| under this Article shall be counted.
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| (a-5) Up to 3 years of time during which the police officer | 3 |
| receives
a disability pension under Section 3-114.1, 3-114.2, | 4 |
| 3-114.3, or 3-114.6
shall be counted as creditable service, | 5 |
| provided that
(i) the police officer returns to active service | 6 |
| after the disability for a
period at least equal to the period | 7 |
| for which credit is to be established and
(ii) the police | 8 |
| officer makes contributions to the fund based on the rates
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| specified in Section 3-125.1 and the salary upon which the | 10 |
| disability pension
is based. These contributions may be paid at | 11 |
| any time prior to the
commencement of a retirement pension. The | 12 |
| police officer may, but need not,
elect to have the | 13 |
| contributions deducted from the disability pension or to
pay | 14 |
| them in installments on a schedule approved by the board. If | 15 |
| not
deducted from the disability pension, the contributions | 16 |
| shall include
interest at the rate of 6% per year, compounded | 17 |
| annually, from the date
for which service credit is being | 18 |
| established to the date of payment. If
contributions are paid | 19 |
| under this subsection (a-5) in excess of those
needed to | 20 |
| establish the credit, the excess shall be refunded. This
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| subsection (a-5) applies to persons receiving a disability | 22 |
| pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on | 23 |
| the effective date of this
amendatory Act of the 91st General | 24 |
| Assembly, as well as persons who begin to
receive such a | 25 |
| disability pension after that date.
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| (b) Creditable service includes all periods of service in |
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| the military,
naval or air forces of the United States entered | 2 |
| upon while an active police
officer of a municipality, provided | 3 |
| that upon applying for a permanent pension,
and in accordance | 4 |
| with the rules of the board, the police officer pays into the
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| fund the amount the officer would have contributed if he or she | 6 |
| had been a
regular contributor during such period, to the | 7 |
| extent that the municipality
which the police officer served | 8 |
| has not made such contributions in the
officer's behalf. The | 9 |
| total amount of such creditable service shall not
exceed 5 | 10 |
| years, except that any police officer who on July 1, 1973 had | 11 |
| more
than 5 years of such creditable service shall receive the | 12 |
| total amount thereof.
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| (b-5) Creditable service includes all periods of service in | 14 |
| the military, naval, or air forces of the United States entered | 15 |
| upon before beginning service as an active police officer of a | 16 |
| municipality, provided that, in accordance with the rules of | 17 |
| the board, the police officer pays into the fund the amount the | 18 |
| police officer would have contributed if he or she had been a | 19 |
| regular contributor during such period, plus an amount | 20 |
| determined by the Board to be equal to the municipality's | 21 |
| normal cost of the benefit, plus interest calculated from the | 22 |
| date the employee last became a police officer under this | 23 |
| Article. The total amount of such creditable service shall not | 24 |
| exceed 2 years. | 25 |
| (c) Creditable service also includes service rendered by a | 26 |
| police
officer while on leave of absence from a police |
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| department to serve as an
executive of an organization whose | 2 |
| membership consists of members of a
police department, subject | 3 |
| to the following conditions: (i) the police
officer is a | 4 |
| participant of a fund established under this Article with at
| 5 |
| least 10 years of service as a police officer; (ii) the police | 6 |
| officer
received no credit for such service under any other | 7 |
| retirement system,
pension fund, or annuity and benefit fund | 8 |
| included in this Code; (iii)
pursuant to the rules of the board | 9 |
| the police officer pays to the fund the
amount he or she would | 10 |
| have contributed had the officer been an active
member of the | 11 |
| police department; and (iv) the organization pays a
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| contribution equal to the municipality's normal cost for that
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| period of service.
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| (d)(1) Creditable service also includes periods of | 15 |
| service originally
established in another police pension | 16 |
| fund under this Article or in the Fund
established under | 17 |
| Article 7 of this Code for which (i) the contributions have
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| been transferred under Section 3-110.7 or Section 7-139.9 | 19 |
| and (ii) any
additional contribution required under | 20 |
| paragraph (2) of this subsection has
been paid in full in | 21 |
| accordance with the requirements of this subsection (d).
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| (2) If the board of the pension fund to which | 23 |
| creditable service and
related
contributions are | 24 |
| transferred under Section 3-110.7 or 7-139.9 determines | 25 |
| that
the amount transferred is less than the true cost to | 26 |
| the pension fund of
allowing that creditable service to be |
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| established, then in order to establish
that creditable | 2 |
| service the police officer must pay to the pension fund, | 3 |
| within
the payment period specified in paragraph (3) of | 4 |
| this subsection, an additional
contribution equal to the | 5 |
| difference, as determined by the board in accordance
with | 6 |
| the rules and procedures adopted under paragraph (6) of | 7 |
| this subsection.
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| (3) Except as provided in paragraph (4), the additional
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| contribution must be paid to the board (i) within 5 years | 10 |
| from the date of the
transfer of contributions under | 11 |
| Section 3-110.7 or 7-139.9 and (ii) before the
police | 12 |
| officer terminates service with the fund. The additional | 13 |
| contribution
may be paid in a lump sum or in accordance | 14 |
| with a schedule of installment
payments authorized by the | 15 |
| board.
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| (4) If the police officer dies in service before | 17 |
| payment in full has been
made and before the expiration of | 18 |
| the 5-year payment period, the surviving
spouse of the | 19 |
| officer may elect to pay the unpaid amount on the officer's
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| behalf within 6 months after the date of death, in which | 21 |
| case the creditable
service shall be granted as though the | 22 |
| deceased police officer had paid the
remaining balance on | 23 |
| the day before the date of death.
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| (5) If the additional contribution is not paid in full | 25 |
| within the
required time, the creditable service shall not | 26 |
| be granted and the
police officer (or the officer's |
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| surviving spouse or estate) shall be entitled
to receive a | 2 |
| refund of (i) any partial payment of the additional | 3 |
| contribution
that has been made by the police officer and | 4 |
| (ii) those portions of the amounts
transferred under | 5 |
| subdivision (a)(1) of Section 3-110.7 or subdivisions | 6 |
| (a)(1)
and (a)(3) of Section 7-139.9 that represent | 7 |
| employee contributions paid by the
police officer (but not | 8 |
| the accumulated interest on those contributions) and
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| interest paid by the police officer to the prior pension | 10 |
| fund in order to
reinstate service terminated by acceptance | 11 |
| of a refund.
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| At the time of paying a refund under this item (5), the | 13 |
| pension fund
shall also repay to the pension fund from | 14 |
| which the contributions were
transferred under Section | 15 |
| 3-110.7 or 7-139.9 the amount originally transferred
under | 16 |
| subdivision (a)(2) of that Section, plus interest at the | 17 |
| rate of 6% per
year, compounded annually, from the date of | 18 |
| the original transfer to the date
of repayment. Amounts | 19 |
| repaid to the Article 7 fund under this provision shall
be | 20 |
| credited to the appropriate municipality.
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| Transferred credit that is not granted due to failure | 22 |
| to pay the additional
contribution within the required time | 23 |
| is lost; it may not be transferred to
another pension fund | 24 |
| and may not be reinstated in the pension fund from which
it | 25 |
| was transferred.
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| (6) The Public Employee Pension Fund Division of the |
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| Department of
Insurance
shall establish by rule the manner | 2 |
| of making the calculation required under
paragraph (2) of | 3 |
| this subsection, taking into account the appropriate | 4 |
| actuarial
assumptions; the police officer's service, age, | 5 |
| and salary history; the level
of funding of the pension | 6 |
| fund to which the credits are being transferred; and
any | 7 |
| other factors that the Division determines to be relevant. | 8 |
| The rules may
require that all calculations made under | 9 |
| paragraph (2) be reported to the
Division by the board | 10 |
| performing the calculation, together with documentation
of | 11 |
| the creditable service to be transferred, the amounts of | 12 |
| contributions and
interest to be transferred, the manner in | 13 |
| which the calculation was performed,
the numbers relied | 14 |
| upon in making the calculation, the results of the
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| calculation, and any other information the Division may | 16 |
| deem useful.
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| (e)(1) Creditable service also includes periods of | 18 |
| service originally
established in the Fund
established | 19 |
| under Article 7 of this Code for which the contributions | 20 |
| have
been transferred under Section 7-139.11.
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| (2) If the board of the pension fund to which | 22 |
| creditable service and
related
contributions are | 23 |
| transferred under Section 7-139.11 determines that
the | 24 |
| amount transferred is less than the true cost to the | 25 |
| pension fund of
allowing that creditable service to be | 26 |
| established, then the amount of creditable service the |
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| police officer may establish under this subsection (e) | 2 |
| shall be reduced by an amount equal to the difference, as | 3 |
| determined by the board in accordance
with the rules and | 4 |
| procedures adopted under paragraph (3) of this subsection.
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| (3) The Public Pension Division of the Department of
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| Financial and Professional Regulation
shall establish by | 7 |
| rule the manner of making the calculation required under
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| paragraph (2) of this subsection, taking into account the | 9 |
| appropriate actuarial
assumptions; the police officer's | 10 |
| service, age, and salary history; the level
of funding of | 11 |
| the pension fund to which the credits are being | 12 |
| transferred; and
any other factors that the Division | 13 |
| determines to be relevant. The rules may
require that all | 14 |
| calculations made under paragraph (2) be reported to the
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| Division by the board performing the calculation, together | 16 |
| with documentation
of the creditable service to be | 17 |
| transferred, the amounts of contributions and
interest to | 18 |
| be transferred, the manner in which the calculation was | 19 |
| performed,
the numbers relied upon in making the | 20 |
| calculation, the results of the
calculation, and any other | 21 |
| information the Division may deem useful.
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| (4) Until January 1, 2010, a police officer who | 23 |
| transferred service from the Fund established under | 24 |
| Article 7 of this Code under the provisions of Public Act | 25 |
| 94-356 may establish additional credit, but only for the | 26 |
| amount of the service credit reduction in that transfer, as |
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| calculated under paragraph (3) of this subsection (e). This | 2 |
| credit may be established upon payment by the police | 3 |
| officer of an amount to be determined by the board, equal | 4 |
| to (1) the amount that would have been contributed as | 5 |
| employee and employer contributions had all of the service | 6 |
| been as an employee under this Article, plus interest | 7 |
| thereon at the rate of 6% per year, compounded annually | 8 |
| from the date of service to the date of transfer, less (2) | 9 |
| the total amount transferred from the Article 7 Fund, plus | 10 |
| (3) interest on the difference at the rate of 6% per year, | 11 |
| compounded annually, from the date of the transfer to the | 12 |
| date of payment. The additional service credit is allowed | 13 |
| under this amendatory Act of the 95th General Assembly | 14 |
| notwithstanding the provisions of Article 7 terminating | 15 |
| all transferred credits on the date of transfer. | 16 |
| (Source: P.A. 94-356, eff. 7-29-05; 95-812, eff. 8-13-08.)
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| (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
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| Sec. 5-212. Computation of service. In computing the | 19 |
| service rendered by a policeman prior to the
effective date, | 20 |
| the following periods shall be counted, in addition to
all | 21 |
| periods during where he performed the duties of his position, | 22 |
| as
periods of service for annuity purposes only: all periods of | 23 |
| (a)
vacation; (b) leave of absence with whole or part pay; (c) | 24 |
| leave of
absence without pay on account of disability; and (d) | 25 |
| leave of absence
during which the policeman was engaged in the |
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| military or naval service
of the United States of America. | 2 |
| Service credit shall not be allowed for
a policeman in receipt | 3 |
| of a pension on account of disability from any
pension fund | 4 |
| superseded by this fund.
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| In computing the service rendered by a policeman on or | 6 |
| after the
effective date, the following periods shall be | 7 |
| counted, in addition to
all periods during which he performed | 8 |
| the duties of his position, as
periods of service for annuity | 9 |
| purposes only: all periods of (a)
vacation; (b) leave of | 10 |
| absence with whole or part pay; (c) leave of
absence during | 11 |
| which the policeman was engaged in the military or naval
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| service of the United States of America; (d) time that the | 13 |
| policeman was
engaged in the military or naval service of the | 14 |
| United States of
America, during which he was passed over on | 15 |
| any eligible list posted
from an entrance examination, due to | 16 |
| the fact that he was in such
military or naval service at the | 17 |
| time he was called for appointment to
the Police Department, to | 18 |
| be computed from the date he was passed over
on any eligible | 19 |
| list and would have been first sworn in as a policeman
had he | 20 |
| not been engaged in the military or naval service of the United
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| States of America, until the date of his discharge from such | 22 |
| military or
naval service; provided that such policeman shall | 23 |
| pay into this Fund the
same amount that would have been | 24 |
| deducted from his salary had he been a
policeman during the | 25 |
| aforementioned portion of such military or naval
service; (e) | 26 |
| disability for which the policeman receives any disability
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| benefit; (f) disability for which the policeman receives whole | 2 |
| or
part pay; and (g) service for which credits and creditable | 3 |
| service have
been transferred to this Fund under Section | 4 |
| 9-121.1, 14-105.1 or 15-134.3
of this Code ; and (h) periods of | 5 |
| service in the military, naval, or air forces of the United | 6 |
| States entered upon before beginning service as an active | 7 |
| policeman of a municipality as provided in Section 5-214.3 .
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| In computing service on or after the effective date for | 9 |
| ordinary
disability benefit, all periods described in the | 10 |
| preceding paragraph,
except any such period for which a | 11 |
| policeman receives ordinary
disability benefit, shall be | 12 |
| counted as periods of service.
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| In computing service for any of the purposes of this | 14 |
| Article, no
credit shall be given for any period during which a | 15 |
| policeman was not
rendering active service because of his | 16 |
| discharge from the service,
unless proceedings to test the | 17 |
| legality of the discharge are filed in a
court of competent | 18 |
| jurisdiction within one year from the date of
discharge and a | 19 |
| final judgment is entered therein declaring the
discharge | 20 |
| illegal.
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| No overtime or extra service shall be included in computing | 22 |
| service
of a policeman and not more than one year or a | 23 |
| fractional part thereof
of service shall be allowed for service | 24 |
| rendered during any calendar
year.
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| In computing service for any of the purposes of this | 26 |
| Article, credit
shall be given for any periods during which a
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| policeman who is a member of the General Assembly is on leave | 2 |
| of absence or is
otherwise authorized to be absent from duty to | 3 |
| enable him or her to perform
legislative duties, | 4 |
| notwithstanding any reduction in salary for such periods
and | 5 |
| notwithstanding that the contributions paid by the policeman | 6 |
| were based on
a reduced salary rather than the full amount of | 7 |
| salary attached to his or her
career service rank.
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| (Source: P.A. 92-52, eff. 7-12-01.)
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| (40 ILCS 5/5-214.3 new)
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| Sec. 5-214.3. Credit for military service. A policeman may | 11 |
| establish creditable service under this Article for all periods | 12 |
| of service in the military, naval, or air forces of the United | 13 |
| States entered upon before beginning service as an active | 14 |
| policeman of a municipality, provided that the policeman pays | 15 |
| into the fund the amount the policeman would have contributed | 16 |
| if he or she had been a regular contributor during such period, | 17 |
| plus an amount determined by the Board to be equal to the | 18 |
| municipality's normal cost of the benefit, plus interest | 19 |
| calculated from the date the employee last became a policeman | 20 |
| under this Article. The total amount of such creditable service | 21 |
| shall not exceed 2 years.
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| (40 ILCS 5/6-210.4 new) | 23 |
| Sec. 6-210.4. Creditable service for pre-employment | 24 |
| military service. An active fireman may establish a maximum of |
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| 24 months of additional service credit attributed to service in | 2 |
| the armed forces of the United States that was served prior to | 3 |
| employment by the city as a firefighter by applying in writing | 4 |
| to the fund and, after substantiation of any such requested | 5 |
| service, making contributions to the fund equal to (i) the | 6 |
| employee contributions that would have been required had the | 7 |
| service been rendered as a member, plus (ii) an amount | 8 |
| determined by the fund to be equal to the employer's normal | 9 |
| cost of the benefits accrued for that military service, plus | 10 |
| (iii) interest at the actuarially assumed rate provided in the | 11 |
| Fund's most recent annual actuarial valuation, compounded | 12 |
| annually from the first date of membership in the fund to the | 13 |
| date of payment on items (i) and (ii). | 14 |
| This Section applies only to firemen in service on or after | 15 |
| its effective date.
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| (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 17 |
| Sec. 7-139. Credits and creditable service to employees.
| 18 |
| (a) Each participating employee shall be granted credits | 19 |
| and creditable
service, for purposes of determining the amount | 20 |
| of any annuity or benefit
to which he or a beneficiary is | 21 |
| entitled, as follows:
| 22 |
| 1. For prior service: Each participating employee who | 23 |
| is an employee
of a participating municipality or | 24 |
| participating instrumentality on the
effective date shall | 25 |
| be granted creditable service, but no credits under
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| paragraph 2 of this subsection (a), for periods of prior | 2 |
| service for which
credit has not been received under any | 3 |
| other pension fund or retirement system
established under | 4 |
| this Code, as follows:
| 5 |
| If the effective date of participation for the | 6 |
| participating municipality
or participating | 7 |
| instrumentality is on or before January 1, 1998, creditable
| 8 |
| service shall be granted for the entire period of prior | 9 |
| service with that
employer without any employee | 10 |
| contribution.
| 11 |
| If the effective date of participation for the | 12 |
| participating municipality
or participating | 13 |
| instrumentality is after January 1, 1998, creditable
| 14 |
| service shall be granted for the last 20% of the period of | 15 |
| prior service with
that employer, but no more than 5 years, | 16 |
| without any employee contribution. A
participating | 17 |
| employee may establish creditable service for the | 18 |
| remainder of
the period of prior service with that employer | 19 |
| by making an application in
writing, accompanied by payment | 20 |
| of an employee contribution in an
amount determined by the | 21 |
| Fund, based on the employee contribution rates in
effect at | 22 |
| the time of application for the creditable service and the | 23 |
| employee's
salary rate on the effective date of | 24 |
| participation for that employer, plus
interest at the | 25 |
| effective rate from the date of the prior service to the | 26 |
| date
of payment. Application for this creditable service |
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| may be made at any time
while the employee is still in | 2 |
| service.
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| A municipality that (i) has at least 35 employees; (ii) | 4 |
| is located in a county with at least 2,000,000 inhabitants; | 5 |
| and (iii) maintains an independent defined benefit pension | 6 |
| plan for the benefit of its eligible employees may restrict | 7 |
| creditable service in whole or in part for periods of prior | 8 |
| service with the employer if the governing body of the | 9 |
| municipality adopts an irrevocable resolution to restrict | 10 |
| that creditable service and files the resolution with the | 11 |
| board before the municipality's effective date of | 12 |
| participation.
| 13 |
| Any person who has withdrawn from the service of a | 14 |
| participating
municipality
or participating | 15 |
| instrumentality prior to the effective date, who reenters
| 16 |
| the service of the same municipality or participating | 17 |
| instrumentality after
the effective date and becomes a | 18 |
| participating employee is entitled to
creditable service | 19 |
| for prior service as otherwise provided in this
subdivision | 20 |
| (a)(1) only if he or she renders 2 years of service as a
| 21 |
| participating employee after the effective date. | 22 |
| Application
for such service must be made while in a | 23 |
| participating status.
The salary rate to be used in the | 24 |
| calculation of the required employee
contribution, if any, | 25 |
| shall be the employee's salary rate at the time of first
| 26 |
| reentering service with the employer after the employer's |
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| effective date of
participation.
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| 2. For current service, each participating employee | 3 |
| shall be
credited with:
| 4 |
| a. Additional credits of amounts equal to each | 5 |
| payment of additional
contributions received from him | 6 |
| under Section 7-173, as of the
date the corresponding | 7 |
| payment of earnings is payable to him.
| 8 |
| b. Normal credits of amounts equal to each payment | 9 |
| of normal
contributions received from him, as of the | 10 |
| date the corresponding payment of
earnings is payable | 11 |
| to him, and normal contributions made for the purpose | 12 |
| of
establishing out-of-state service credits as | 13 |
| permitted under the conditions set
forth in paragraph 6 | 14 |
| of this subsection (a).
| 15 |
| c. Municipality credits in an amount equal to 1.4 | 16 |
| times the normal
credits, except those established by | 17 |
| out-of-state service credits, as of
the date of | 18 |
| computation of any benefit if these credits would | 19 |
| increase
the benefit.
| 20 |
| d. Survivor credits equal to each payment of | 21 |
| survivor contributions
received from the participating | 22 |
| employee as of the date the
corresponding payment of | 23 |
| earnings is payable, and survivor contributions made
| 24 |
| for the purpose of establishing out-of-state service | 25 |
| credits.
| 26 |
| 3. For periods of temporary and total and permanent |
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| 1 |
| disability
benefits, each employee receiving disability | 2 |
| benefits shall be granted
creditable service for the period | 3 |
| during which disability benefits are
payable. Normal and | 4 |
| survivor credits, based upon the rate of earnings
applied | 5 |
| for disability benefits, shall also be granted if such | 6 |
| credits
would result in a higher benefit to any such | 7 |
| employee or his
beneficiary.
| 8 |
| 4. For authorized leave of absence without pay: A | 9 |
| participating
employee shall be granted credits and | 10 |
| creditable service for periods of
authorized leave of | 11 |
| absence without pay under the following
conditions:
| 12 |
| a. An application for credits and creditable | 13 |
| service is submitted to the
board while the employee is | 14 |
| in a status of
active employment, and within 2 years | 15 |
| after termination of the
leave of absence period for | 16 |
| which credits and creditable service are
sought.
| 17 |
| b. Not more than 12 complete months of creditable | 18 |
| service
for authorized leave of absence without pay | 19 |
| shall be counted for purposes of
determining any | 20 |
| benefits payable under this Article.
| 21 |
| c. Credits and creditable service shall be granted | 22 |
| for leave of
absence only if such leave is approved by | 23 |
| the governing body of the
municipality, including | 24 |
| approval of the estimated cost thereof to the
| 25 |
| municipality as determined by the fund, and employee | 26 |
| contributions, plus
interest at the effective rate |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| applicable for each year from the end of
the period of | 2 |
| leave to date of payment, have been paid to the fund in
| 3 |
| accordance with Section 7-173. The contributions shall | 4 |
| be computed upon the
assumption earnings continued | 5 |
| during the period of leave at the rate in
effect when | 6 |
| the leave began.
| 7 |
| d. Benefits under the provisions of Sections | 8 |
| 7-141, 7-146, 7-150
and 7-163 shall become payable to | 9 |
| employees on authorized leave of
absence, or their | 10 |
| designated beneficiary, only if such leave of absence
| 11 |
| is creditable hereunder, and if the employee has at | 12 |
| least one year of
creditable service other than the | 13 |
| service granted for leave of absence.
Any employee | 14 |
| contributions due may be deducted from any benefits
| 15 |
| payable.
| 16 |
| e. No credits or creditable service shall be | 17 |
| allowed for leave of
absence without pay during any | 18 |
| period of prior service.
| 19 |
| 5. For military service: Except as provided in | 20 |
| paragraph 5.2, the The governing body of a municipality or
| 21 |
| participating instrumentality may elect to allow | 22 |
| creditable service to
participating employees who leave | 23 |
| their employment to serve in the armed
forces of the United | 24 |
| States for all periods of such service, provided
that the | 25 |
| person returns to active employment within 90 days after
| 26 |
| completion
of full time active duty, but no creditable |
|
|
|
09600HB1291sam001 |
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|
| 1 |
| service shall be allowed such
person for any period that | 2 |
| can be used in the computation of a pension
or any other | 3 |
| pay or benefit, other than pay for active duty, for service
| 4 |
| in any branch of the armed forces of the United States. If | 5 |
| necessary to
the computation of any benefit, the board | 6 |
| shall establish municipality
credits for participating | 7 |
| employees under this paragraph on the
assumption that the | 8 |
| employee received earnings at the rate received at
the time | 9 |
| he left the employment to enter the armed forces. A
| 10 |
| participating employee in the armed forces shall not be | 11 |
| considered an
employee during such period of service and no | 12 |
| additional death and no
disability benefits are payable for | 13 |
| death or disability during such period.
| 14 |
| Any participating employee who left his employment | 15 |
| with a
municipality or participating instrumentality to | 16 |
| serve in the armed
forces of the United States and who | 17 |
| again became a participating
employee within 90 days after | 18 |
| completion of full time active duty by
entering the service | 19 |
| of a different municipality or participating
| 20 |
| instrumentality, which has elected to allow creditable | 21 |
| service for
periods of military service under the preceding | 22 |
| paragraph, shall also be
allowed creditable service for his | 23 |
| period of military service on the
same terms that would | 24 |
| apply if he had been employed, before entering
military | 25 |
| service, by the municipality or instrumentality which | 26 |
| employed
him after he left the military service and the |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| employer costs arising in
relation to such grant of | 2 |
| creditable service shall be charged to and
paid by that | 3 |
| municipality or instrumentality.
| 4 |
| Notwithstanding the foregoing, any participating | 5 |
| employee
shall be entitled to creditable service as | 6 |
| required by any federal law
relating to re-employment | 7 |
| rights of persons who served in the United States
Armed | 8 |
| Services. Such creditable service shall be granted upon | 9 |
| payment by
the member of an amount equal to the employee | 10 |
| contributions which would
have been required had the | 11 |
| employee continued in service at the same
rate of earnings | 12 |
| during the military leave period, plus interest at
the | 13 |
| effective rate.
| 14 |
| 5.1. In addition to any creditable service established | 15 |
| under
paragraph 5 of this subsection (a) and except as | 16 |
| provided in paragraph 5.2 , creditable service may be | 17 |
| granted for
up to 48 months of service in the armed forces | 18 |
| of the United States.
| 19 |
| In order to receive creditable service for military | 20 |
| service under this
paragraph 5.1, a participating employee | 21 |
| must (1) apply to the Fund
in writing and provide evidence | 22 |
| of the military service that is satisfactory
to the Board; | 23 |
| (2) obtain the written approval of the current employer; | 24 |
| and (3)
make contributions to the Fund equal to (i)
the | 25 |
| employee contributions that would have been required had | 26 |
| the service been
rendered as a member, plus (ii) an amount |
|
|
|
09600HB1291sam001 |
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|
| 1 |
| determined by the board to be equal
to the employer's | 2 |
| normal cost of the benefits accrued for that military
| 3 |
| service, plus (iii) interest on items (i) and (ii) from the | 4 |
| date of first
membership in the Fund to the date of | 5 |
| payment. The required interest shall be
calculated at the | 6 |
| regular interest rate.
| 7 |
| The changes made to this paragraph 5.1 by Public Acts | 8 |
| 95-483 and 95-486
apply only to participating employees in | 9 |
| service on or after August 28, 2007 (the effective date of | 10 |
| those Public Acts). | 11 |
| 5.2. Beginning on the effective date of this amendatory | 12 |
| Act of the 96th General Assembly, a person employed on or | 13 |
| after the effective date of this amendatory Act by a | 14 |
| municipality or participating instrumentality to perform | 15 |
| police duties shall be granted creditable service for | 16 |
| military service described under paragraphs 5 and 5.1 upon | 17 |
| satisfaction of any requirements contained in those | 18 |
| paragraphs.
| 19 |
| 6. For out-of-state service: Creditable service shall | 20 |
| be granted for
service rendered to an out-of-state local | 21 |
| governmental body under the
following conditions: The | 22 |
| employee had participated and has irrevocably
forfeited | 23 |
| all rights to benefits in the out-of-state public employees
| 24 |
| pension system; the governing body of his participating | 25 |
| municipality or
instrumentality authorizes the employee to | 26 |
| establish such service; the
employee has 2 years current |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| service with this municipality or
participating | 2 |
| instrumentality; the employee makes a payment of
| 3 |
| contributions, which shall be computed at 8% (normal) plus | 4 |
| 2% (survivor)
times length of service purchased times the | 5 |
| average rate of earnings for the
first 2
years of service | 6 |
| with the municipality or participating
instrumentality | 7 |
| whose governing body authorizes the service established
| 8 |
| plus interest at the effective rate on the date such | 9 |
| credits are
established, payable from the date the employee | 10 |
| completes the required 2
years of current service to date | 11 |
| of payment. In no case shall more than
120 months of | 12 |
| creditable service be granted under this provision.
| 13 |
| 7. For retroactive service: Any employee who could have | 14 |
| but did not
elect to become a participating employee, or | 15 |
| who should have been a
participant in the Municipal Public | 16 |
| Utilities Annuity and Benefit Fund
before that fund was | 17 |
| superseded, may receive creditable service for the
period | 18 |
| of service not to exceed 50 months; however, a current or | 19 |
| former
elected or appointed official of a participating | 20 |
| municipality may establish credit under this paragraph 7 | 21 |
| for more than 50
months of service as an official of that | 22 |
| municipality, if the excess over 50 months is approved by | 23 |
| resolution of the
governing body of the affected | 24 |
| municipality filed with
the Fund before January 1, 2002.
| 25 |
| Any employee who is a
participating employee on or | 26 |
| after September 24, 1981 and who was
excluded from |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| participation by the age restrictions removed by Public Act
| 2 |
| 82-596 may receive creditable service for the period, on or | 3 |
| after January
1, 1979, excluded by the age restriction and, | 4 |
| in addition, if the governing
body of the participating | 5 |
| municipality or participating instrumentality elects
to | 6 |
| allow creditable service for all employees excluded by the | 7 |
| age restriction
prior to January 1, 1979, for service | 8 |
| during the period prior to that date
excluded by the age | 9 |
| restriction. Any employee who was excluded from
| 10 |
| participation by the age restriction removed by Public Act | 11 |
| 82-596 and who is
not a participating employee on or after | 12 |
| September 24, 1981 may receive
creditable service for | 13 |
| service after January 1,
1979. Creditable service under | 14 |
| this paragraph
shall be granted upon payment of the | 15 |
| employee contributions
which would have been required had | 16 |
| he participated, with interest at the
effective rate for | 17 |
| each year from the end of the period of service
established | 18 |
| to date of payment.
| 19 |
| 8. For accumulated unused sick leave: A participating | 20 |
| employee who is
applying for a retirement annuity shall be | 21 |
| entitled to creditable service
for that portion of the | 22 |
| employee's accumulated unused sick leave
for which payment | 23 |
| is not received, as follows:
| 24 |
| a. Sick leave days shall be limited to those | 25 |
| accumulated under a sick
leave plan established by a | 26 |
| participating municipality or participating
|
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| instrumentality which is available to all employees or | 2 |
| a class of employees.
| 3 |
| b. Only sick leave days accumulated with a | 4 |
| participating municipality or
participating | 5 |
| instrumentality with which the employee was in service | 6 |
| within
60 days of the effective date of his retirement | 7 |
| annuity shall be credited;
If the employee was in | 8 |
| service with more than one employer during this
period | 9 |
| only the sick leave days with the employer with which | 10 |
| the employee
has the greatest number of unpaid sick | 11 |
| leave days shall be considered.
| 12 |
| c. The creditable service granted shall be | 13 |
| considered solely for the
purpose of computing the | 14 |
| amount of the retirement annuity and shall not be
used | 15 |
| to establish any minimum service period required by any | 16 |
| provision of the
Illinois Pension Code, the effective | 17 |
| date of the retirement annuity, or the
final rate of | 18 |
| earnings.
| 19 |
| d. The creditable service shall be at the rate of | 20 |
| 1/20 of a month for
each full sick day, provided that | 21 |
| no more than 12 months may be credited
under this | 22 |
| subdivision 8.
| 23 |
| e. Employee contributions shall not be required | 24 |
| for creditable service
under this subdivision 8.
| 25 |
| f. Each participating municipality and | 26 |
| participating instrumentality
with which an employee |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| has service within 60 days of the effective date of
his | 2 |
| retirement annuity shall certify to the board the | 3 |
| number of accumulated
unpaid sick leave days credited | 4 |
| to the employee at the time of termination
of service.
| 5 |
| 9. For service transferred from another system: | 6 |
| Credits and
creditable service shall be granted for service | 7 |
| under Article 3, 4, 5, 8, 14,
or 16 of this Act, to any | 8 |
| active member of this Fund, and to any
inactive member who | 9 |
| has been a county sheriff, upon
transfer of such credits | 10 |
| pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
| 11 |
| 14-105.6, or 16-131.4, and payment by the member of the | 12 |
| amount by
which (1) the employer and employee contributions | 13 |
| that would have been required
if he had participated in | 14 |
| this Fund as a sheriff's law enforcement employee
during | 15 |
| the period for which credit is
being transferred, plus | 16 |
| interest thereon at the effective rate for each
year, | 17 |
| compounded annually, from the date of termination of the | 18 |
| service for
which credit is being transferred to the date | 19 |
| of payment, exceeds (2) the
amount actually transferred to | 20 |
| the Fund.
Such transferred service shall be deemed to be | 21 |
| service as a sheriff's law
enforcement employee for the | 22 |
| purposes of Section 7-142.1.
| 23 |
| 10. For service transferred from an Article 3 system | 24 |
| under Section 3-110.8: Credits and
creditable service | 25 |
| shall be granted for service under Article 3 of this Act as | 26 |
| provided in Section 3-110.8, to any active member of this |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| Fund upon
transfer of such credits pursuant to Section | 2 |
| 3-110.8. If the amount by
which (1) the employer and | 3 |
| employee contributions that would have been required
if he | 4 |
| had participated in this Fund during the period for which | 5 |
| credit is
being transferred, plus interest thereon at the | 6 |
| effective rate for each
year, compounded annually, from the | 7 |
| date of termination of the service for
which credit is | 8 |
| being transferred to the date of payment, exceeds (2) the
| 9 |
| amount actually transferred to the Fund, then the amount of | 10 |
| creditable service established under this paragraph 10 | 11 |
| shall be reduced by a corresponding amount in accordance | 12 |
| with the rules and procedures established under this | 13 |
| paragraph 10.
| 14 |
| The board shall establish by rule the manner of making | 15 |
| the calculation required under
this paragraph 10, taking | 16 |
| into account the appropriate actuarial
assumptions; the | 17 |
| member's service, age, and salary history; the level
of | 18 |
| funding of the employer; and
any other factors that the | 19 |
| board determines to be relevant.
| 20 |
| Until January 1, 2010, members who transferred service | 21 |
| from an Article 3 system under the provisions of Public Act | 22 |
| 94-356 may establish additional credit in this Fund, but | 23 |
| only up to the amount of the service credit reduction in | 24 |
| that transfer, as calculated under the actuarial | 25 |
| assumptions. This credit may be established upon payment by | 26 |
| the member of an amount to be determined by the board, |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| equal to (1) the amount that would have been contributed as | 2 |
| employee and employer contributions had all the service | 3 |
| been as an employee under this Article, plus interest | 4 |
| thereon compounded annually from the date of service to the | 5 |
| date of transfer, less (2) the total amount transferred | 6 |
| from the Article 3 system, plus (3) interest on the | 7 |
| difference at the effective rate for each year, compounded | 8 |
| annually, from the date of the transfer to the date of | 9 |
| payment. The additional service credit is allowed under | 10 |
| this amendatory Act of the 95th General Assembly | 11 |
| notwithstanding the provisions of Article 3 terminating | 12 |
| all transferred credits on the date of transfer. | 13 |
| (b) Creditable service - amount:
| 14 |
| 1. One month of creditable service
shall be allowed for | 15 |
| each month for which a participating employee made
| 16 |
| contributions as required under Section 7-173, or for which | 17 |
| creditable
service is otherwise granted hereunder. Not | 18 |
| more than 1 month of
service shall be credited and counted | 19 |
| for 1 calendar month, and not more
than 1 year of service | 20 |
| shall be credited and counted for any calendar
year. A | 21 |
| calendar month means a nominal month beginning on the first | 22 |
| day
thereof, and a calendar year means a year beginning | 23 |
| January 1 and ending
December 31.
| 24 |
| 2. A seasonal employee shall be given 12 months of | 25 |
| creditable
service if he renders the number of months of | 26 |
| service normally required
by the position in a 12-month |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| period and he remains in service for the
entire 12-month | 2 |
| period. Otherwise a fractional year of service in the
| 3 |
| number of months of service rendered shall be credited.
| 4 |
| 3. An intermittent employee shall be given creditable | 5 |
| service for
only those months in which a contribution is | 6 |
| made under Section 7-173.
| 7 |
| (c) No application for correction of credits or creditable | 8 |
| service shall
be considered unless the board receives an | 9 |
| application for correction while
(1) the applicant is a | 10 |
| participating employee and in active employment
with a | 11 |
| participating municipality or instrumentality, or (2) while | 12 |
| the
applicant is actively participating in a pension fund or | 13 |
| retirement
system which is a participating system under the | 14 |
| Retirement Systems
Reciprocal Act. A participating employee or | 15 |
| other applicant shall not be
entitled to credits or creditable | 16 |
| service unless the required employee
contributions are made in | 17 |
| a lump sum or in installments made in accordance
with board | 18 |
| rule.
| 19 |
| (d) Upon the granting of a retirement, surviving spouse or | 20 |
| child
annuity, a death benefit or a separation benefit, on | 21 |
| account of any
employee, all individual accumulated credits | 22 |
| shall thereupon terminate.
Upon the withdrawal of additional | 23 |
| contributions, the credits applicable
thereto shall thereupon | 24 |
| terminate. Terminated credits shall not be applied
to increase | 25 |
| the benefits any remaining employee would otherwise receive | 26 |
| under
this Article.
|
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| (Source: P.A. 95-483, eff. 8-28-07; 95-486, eff. 8-28-07; | 2 |
| 95-504, eff. 8-28-07; 95-812, eff. 8-13-08; 95-876, eff. | 3 |
| 8-21-08.)
| 4 |
| (40 ILCS 5/8-230.11 new)
| 5 |
| Sec. 8-230.11. Service credit for military service. An | 6 |
| employee of the municipality serving as a police officer may | 7 |
| establish service credit under this Article for all periods of | 8 |
| service in the military, naval, or air forces of the United | 9 |
| States entered upon before beginning service as an active | 10 |
| police officer of a municipality, provided that the policeman | 11 |
| pays into the fund the amount the police officer would have | 12 |
| contributed if he or she had been a regular contributor during | 13 |
| such period, plus an amount determined by the Board to be equal | 14 |
| to the municipality's normal cost of the benefit, plus interest | 15 |
| calculated from the date the employee last became a police | 16 |
| officer under this Article. The total amount of such service | 17 |
| credit shall not exceed 2 years.
| 18 |
| (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1)
| 19 |
| Sec. 9-179.1. Military service. | 20 |
| (a) A contributing employee as of January 1,
1993 with at | 21 |
| least 25 years of service credit may apply for creditable
| 22 |
| service for up to 2 years of military service whether or not | 23 |
| the military
service followed service as a county employee. The | 24 |
| military service need
not have been served in wartime, but the |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| employee must not have been
dishonorably discharged. To | 2 |
| establish this creditable service the
applicant must pay to the | 3 |
| Fund, while in the service of the county, an
amount determined | 4 |
| by the Fund to represent the employee contributions for
the | 5 |
| creditable service established, based on the employee's rate of
| 6 |
| compensation on his or her last day as a contributor before the | 7 |
| military
service, or on his or her first day as a contributor | 8 |
| after the military
service, whichever is greater, plus interest | 9 |
| at the effective rate from the
date of discharge to the date of | 10 |
| payment. If a person who has established
any credit under this | 11 |
| Section applies for or receives any early retirement
incentive | 12 |
| under Section 9-134.2, the credit under this Section shall be
| 13 |
| forfeited and the amount paid to the Fund under this Section | 14 |
| shall be
refunded.
| 15 |
| (b) A contributing employee employed by the county as a | 16 |
| police officer on or after the effective date of this | 17 |
| amendatory Act of the 96th General Assembly may establish | 18 |
| creditable service for up to 2 years of military service | 19 |
| whether or not the military service followed service as a | 20 |
| county employee. The military service need not have been served | 21 |
| in wartime, but the employee must not have been dishonorably | 22 |
| discharged. To establish this creditable service the applicant | 23 |
| must pay to the Fund, while in the service of the county, an | 24 |
| amount determined by the Fund to represent the employee | 25 |
| contributions for the creditable service established, based on | 26 |
| the employee's rate of compensation on his or her last day as a |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| contributor before the military service, or on his or her first | 2 |
| day as a contributor after the military service, whichever is | 3 |
| greater, plus an amount determined by the Fund to be equal to | 4 |
| the county's normal cost of the benefit, plus interest at the | 5 |
| effective rate from the date of discharge to the date of | 6 |
| payment. | 7 |
| (Source: P.A. 87-1265.)
| 8 |
| (40 ILCS 5/13-403) (from Ch. 108 1/2, par. 13-403)
| 9 |
| Sec. 13-403. Military service.
| 10 |
| (a) Any employee who, after commencement of
service with | 11 |
| the Employer, enlisted, was inducted or was otherwise ordered
| 12 |
| to serve in the military forces of the United States pursuant | 13 |
| to any law,
shall receive full service credit for the various | 14 |
| purposes of this Article
as though the employee were in the | 15 |
| active service of the Employer during
the period of military | 16 |
| service provided that:
| 17 |
| (1) such service credit shall be granted for
military | 18 |
| service for which the employee volunteers or is inducted or | 19 |
| called into military
service pursuant to a call of a duly | 20 |
| constituted authority or a law of the
United States | 21 |
| declaring a national emergency;
| 22 |
| (2) the employee returns to the employ of the Employer | 23 |
| within 90 days
after the termination of the national | 24 |
| emergency; and
| 25 |
| (3) the total service credit for such military service |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| shall not exceed 5
years except that any employee who on | 2 |
| July 1, 1963 had accrued more than 5
years of such credit | 3 |
| shall be entitled to the total amount thereof.
| 4 |
| (b) For a ten-year period following July 24, 2003, a | 5 |
| contributing employee or commissioner
who is not a police | 6 |
| officer meeting the minimum service requirements provided | 7 |
| under this subsection may
establish additional service credit | 8 |
| for a period of up to 2 years of active
military service in the | 9 |
| United States Armed Forces for which he or she does not
qualify | 10 |
| for credit under subsection (a), provided that (1) the person | 11 |
| was not
dishonorably discharged from the military service, and | 12 |
| (2) the amount of
service credit established by the person | 13 |
| under this subsection (b), when added
to the amount of any | 14 |
| military service credit granted to the person under
subsection | 15 |
| (a), shall not exceed 5 years.
| 16 |
| A contributing employee who is a police officer and who | 17 |
| meets the minimum service requirements provided under this | 18 |
| subsection (b) may
establish additional service credit for a | 19 |
| period of up to 2 years of active
military service in the | 20 |
| United States Armed Forces for which he or she does not
qualify | 21 |
| for credit under subsection (a), provided that (1) the person | 22 |
| was not
dishonorably discharged from the military service, and | 23 |
| (2) the amount of
service credit established by the person | 24 |
| under this subsection (b), when added
to the amount of any | 25 |
| military service credit granted to the person under
subsection | 26 |
| (a), shall not exceed 5 years. |
|
|
|
09600HB1291sam001 |
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LRB096 08595 AMC 25709 a |
|
| 1 |
| The minimum service requirement for a contributing | 2 |
| employee is 10 years of
service credit as provided in Sections | 3 |
| 13-401 and 13-402 of this Article and
exclusive of Article 20. | 4 |
| The minimum service requirement for a contributing
| 5 |
| commissioner is 5 years of service credit as provided in | 6 |
| Sections 13-401 and
13-402 of this Article and
exclusive of | 7 |
| Article 20.
| 8 |
| In order to establish military service credit under this | 9 |
| subsection (b),
the applicant must submit a written application | 10 |
| to the Fund, including the
applicant's discharge papers from | 11 |
| military service, and pay to the Fund (i)
employee | 12 |
| contributions at the rates provided in this Article, based upon | 13 |
| the
person's salary on the last date as a participating | 14 |
| employee prior to the
military service or on the first date as | 15 |
| a participating employee after the
military service, whichever | 16 |
| is greater, plus (ii) the current amount determined
by the | 17 |
| board to be equal to the employer's normal cost of the benefits | 18 |
| accrued
for such military service, plus (iii) regular interest | 19 |
| of 3% compounded
annually on items (i) and (ii) from the date | 20 |
| of entry or re-entry as a
participating employee following the | 21 |
| military service to the date of payment.
Contributions must be | 22 |
| paid in full before the credit is granted. Credit
established | 23 |
| under this subsection may be used for pension purposes only.
| 24 |
| Notwithstanding any other provision of this Section, a | 25 |
| person may not
establish creditable service under this Section | 26 |
| for any period for which the
person receives credit under any |
|
|
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| other public employee retirement system,
unless the credit | 2 |
| under that other retirement system has been irrevocably
| 3 |
| relinquished.
| 4 |
| (Source: P.A. 93-334, eff. 7-24-03; 94-621, eff. 8-18-05.)
| 5 |
| (40 ILCS 5/15-113.3) (from Ch. 108 1/2, par. 15-113.3)
| 6 |
| Sec. 15-113.3. Service for periods of military service. | 7 |
| "Service for
periods of military service": For a person who is | 8 |
| not a police officer, those Those periods, not exceeding 5 | 9 |
| years, during
which a person served in the armed forces of the | 10 |
| United States, of which
all but 2 years must have immediately | 11 |
| followed a period of employment
with an employer under this | 12 |
| System or the State Employees' Retirement
System of Illinois; | 13 |
| provided that the person received a discharge other
than | 14 |
| dishonorable and again became an employee under this System | 15 |
| within one
year after discharge. However, for the up to 2 years | 16 |
| of military service
not immediately following employment, the | 17 |
| applicant must make contributions
to the System equal to (1) 8% | 18 |
| of the employee's basic compensation on the last date as a
| 19 |
| participating employee prior to such military service, or on | 20 |
| the first date as
a participating employee after such military | 21 |
| service, whichever is greater,
plus (2) an amount determined by | 22 |
| the board to be equal to the employer's normal
cost of the | 23 |
| benefits accrued for such military service, plus (3) interest | 24 |
| on
items (1) and (2) at the effective rate from the later of | 25 |
| the date of first
membership in the System or the date of |
|
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| conclusion of military service to the
date of payment. The | 2 |
| change in the required contribution for purchased
military | 3 |
| credit made by this amendatory Act of 1993 does not entitle any | 4 |
| person
to a refund of contributions already paid. The | 5 |
| contributions paid under this
Section are not normal | 6 |
| contributions as defined in Section 15-114 or additional
| 7 |
| contributions as defined in Section 15-115.
| 8 |
| For a police officer, those periods, not exceeding 5 years, | 9 |
| during
which a person served in the armed forces of the United | 10 |
| States, of which
all but 2 years must have immediately followed | 11 |
| a period of employment
with an employer under this System or | 12 |
| the State Employees' Retirement
System of Illinois; provided | 13 |
| that the person received a discharge other
than dishonorable | 14 |
| and again became an employee under this System within one
year | 15 |
| after discharge. However, for the up to 2 years of military | 16 |
| service
not immediately following employment, the applicant | 17 |
| must make contributions
to the System equal to (1) 8% of the | 18 |
| employee's basic compensation on the last date as a
| 19 |
| participating employee prior to such military service, or on | 20 |
| the first date as
a participating employee after such military | 21 |
| service, whichever is greater,
plus (2) an amount determined by | 22 |
| the board to be equal to the employer's normal
cost of the | 23 |
| benefits accrued for such military service, plus (3) interest | 24 |
| on
items (1) and (2) at the effective rate from the later of | 25 |
| the date of first
membership in the System or the date of | 26 |
| conclusion of military service to the
date of payment. The |
|
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| contributions paid under this
Section are not normal | 2 |
| contributions as defined in Section 15-114 or additional
| 3 |
| contributions as defined in Section 15-115. | 4 |
| The changes to this Section made by this amendatory Act of | 5 |
| 1991 shall
apply not only to persons who on or after its | 6 |
| effective date are in service
under the System, but also to | 7 |
| persons whose employment terminated prior to
that date, whether | 8 |
| or not the person is an annuitant on that date. In the
case of | 9 |
| an annuitant who applies for credit allowable under this | 10 |
| Section
for a period of military service that did not | 11 |
| immediately follow
employment, and who has made the required | 12 |
| contributions for such credit,
the annuity shall be | 13 |
| recalculated to include the additional service credit,
with the | 14 |
| increase taking effect on the date the System received written
| 15 |
| notification of the annuitant's intent to purchase the credit, | 16 |
| if
payment of all the required contributions is made within 60 | 17 |
| days of such
notice, or else on the first annuity payment date | 18 |
| following the date of
payment of the required contributions. In | 19 |
| calculating the automatic annual
increase for an annuity that | 20 |
| has been recalculated under this Section, the
increase | 21 |
| attributable to the additional service allowable under this
| 22 |
| amendatory Act of 1991 shall be included in the calculation of | 23 |
| automatic
annual increases accruing after the effective date of | 24 |
| the recalculation.
| 25 |
| (Source: P.A. 93-347, eff. 7-24-03.)
|
|
|
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| 1 |
| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.33 as follows: | 3 |
| (30 ILCS 805/8.33 new) | 4 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this Act, no reimbursement by the State is required for the | 6 |
| implementation of any mandate created by this amendatory Act of | 7 |
| the 96th General Assembly.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|