Full Text of HB1565 96th General Assembly
HB1565ham001 96TH GENERAL ASSEMBLY | Rep. Raymond Poe Filed: 11/12/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1565
| 2 | | AMENDMENT NO. ______. Amend House Bill 1565 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 14-104 as follows: | 6 | | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | 7 | | Sec. 14-104. Service for which contributions permitted.
| 8 | | Contributions provided for in this Section shall cover the | 9 | | period of
service granted. Except as otherwise provided in this | 10 | | Section, the
contributions shall be based upon the employee's | 11 | | compensation and
contribution rate in effect on the date he | 12 | | last became a member of the
System; provided that for all | 13 | | employment prior to January 1, 1969 the
contribution rate shall | 14 | | be that in effect for a noncovered employee on
the date he last | 15 | | became a member of the System. Except as otherwise provided
in | 16 | | this Section, contributions permitted under this Section shall |
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| 1 | | include
regular interest from the date an employee last became | 2 | | a member of the System
to the date of payment.
| 3 | | These contributions must be paid in full before retirement | 4 | | either in
a lump sum or in installment payments in accordance | 5 | | with such rules as
may be adopted by the board.
| 6 | | (a) Any member may make contributions as required in this | 7 | | Section
for any period of service, subsequent to the date of | 8 | | establishment, but
prior to the date of membership.
| 9 | | (b) Any employee who had been previously excluded from | 10 | | membership
because of age at entry and subsequently became | 11 | | eligible may elect to
make contributions as required in this | 12 | | Section for the period of service
during which he was | 13 | | ineligible.
| 14 | | (c) An employee of the Department of Insurance who, after | 15 | | January 1,
1944 but prior to becoming eligible for membership, | 16 | | received salary from
funds of insurance companies in the | 17 | | process of rehabilitation,
liquidation, conservation or | 18 | | dissolution, may elect to make
contributions as required in | 19 | | this Section for such service.
| 20 | | (d) Any employee who rendered service in a State office to | 21 | | which he
was elected, or rendered service in the elective | 22 | | office of Clerk of the
Appellate Court prior to the date he | 23 | | became a member, may make
contributions for such service as | 24 | | required in this Section. Any member
who served by appointment | 25 | | of the Governor under the Civil Administrative
Code of Illinois | 26 | | and did not participate in this System may make
contributions |
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| 1 | | as required in this Section for such service.
| 2 | | (e) Any person employed by the United States government or | 3 | | any
instrumentality or agency thereof from January 1, 1942 | 4 | | through November
15, 1946 as the result of a transfer from | 5 | | State service by executive
order of the President of the United | 6 | | States shall be entitled to prior
service credit covering the | 7 | | period from January 1, 1942 through December
31, 1943 as | 8 | | provided for in this Article and to membership service
credit | 9 | | for the period from January 1, 1944 through November 15, 1946 | 10 | | by
making the contributions required in this Section. A person | 11 | | so employed
on January 1, 1944 but whose employment began after | 12 | | January 1, 1942 may
qualify for prior service and membership | 13 | | service credit under the same
conditions.
| 14 | | (f) An employee of the Department of Labor of the State of | 15 | | Illinois who
performed services for and under the supervision | 16 | | of that Department
prior to January 1, 1944 but who was | 17 | | compensated for those services
directly by federal funds and | 18 | | not by a warrant of the Auditor of Public
Accounts paid by the | 19 | | State Treasurer may establish credit for such
employment by | 20 | | making the contributions required in this Section. An
employee | 21 | | of the Department of Agriculture of the State of Illinois, who
| 22 | | performed services for and under the supervision of that | 23 | | Department
prior to June 1, 1963, but was compensated for those | 24 | | services directly
by federal funds and not paid by a warrant of | 25 | | the Auditor of Public
Accounts paid by the State Treasurer, and | 26 | | who did not contribute to any
other public employee retirement |
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| 1 | | system for such service, may establish
credit for such | 2 | | employment by making the contributions required in this
| 3 | | Section.
| 4 | | (g) Any employee who executed a waiver of membership within
| 5 | | 60 days prior to January 1, 1944 may, at any time while in the | 6 | | service of a
department, file with the board a rescission of | 7 | | such waiver. Upon
making the contributions required by this | 8 | | Section, the member shall be
granted the creditable service | 9 | | that would have been received if the
waiver had not been | 10 | | executed.
| 11 | | (h) Until May 1, 1990, an employee who was employed on a | 12 | | full-time
basis by a regional planning commission for at least | 13 | | 5 continuous years may
establish creditable service for such | 14 | | employment by making the
contributions required under this | 15 | | Section, provided that any credits earned
by the employee in | 16 | | the commission's retirement plan have been terminated.
| 17 | | (i) Any person who rendered full time contractual services | 18 | | to the General
Assembly as a member of a legislative staff may | 19 | | establish service credit for up
to 8 years of such services by | 20 | | making the contributions required under this
Section, provided | 21 | | that application therefor is made not later than July 1,
1991.
| 22 | | (j) By paying the contributions otherwise required under | 23 | | this Section,
plus an amount determined by the Board to be | 24 | | equal to the employer's normal
cost of the benefit plus | 25 | | interest, but with all of the interest calculated
from the date | 26 | | the employee last became a member of the System or November 19,
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| 1 | | 1991, whichever is later, to the date of payment, an employee | 2 | | may establish
service credit
for a period of up to 4 years | 3 | | spent in active military service for which he
does not qualify | 4 | | for credit under Section 14-105, provided that (1) he was
not | 5 | | dishonorably discharged from such military service, and (2) the | 6 | | amount
of service credit established by a member under this | 7 | | subsection (j), when
added to the amount of military service | 8 | | credit granted to the member under
subsection (b) of Section | 9 | | 14-105, shall not exceed 5 years. The change
in the manner of | 10 | | calculating interest under this subsection (j) made by this
| 11 | | amendatory Act of the 92nd General Assembly applies to credit | 12 | | purchased by an
employee on or after its effective date and | 13 | | does not entitle any person to a
refund of contributions or | 14 | | interest already paid.
In compliance with Section 14-152.1 of | 15 | | this Act concerning new benefit increases, any new benefit | 16 | | increase as a result of the changes to this subsection (j) made | 17 | | by Public Act 95-483
is funded through the employee | 18 | | contributions provided for in this subsection (j). Any new | 19 | | benefit increase as a result of the changes made to this | 20 | | subsection (j) by Public Act 95-483
is exempt from the | 21 | | provisions of subsection (d) of Section 14-152.1.
| 22 | | (k) An employee who was employed on a full-time basis by | 23 | | the Illinois
State's Attorneys Association Statewide Appellate | 24 | | Assistance Service
LEAA-ILEC grant project prior to the time | 25 | | that project became the State's
Attorneys Appellate Service | 26 | | Commission, now the Office of the State's
Attorneys Appellate |
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| 1 | | Prosecutor, an agency of State government, may
establish | 2 | | creditable service for not more than 60 months service for
such | 3 | | employment by making contributions required under this | 4 | | Section.
| 5 | | (l) By paying the contributions otherwise required under | 6 | | this Section,
plus an amount determined by the Board to be | 7 | | equal to the employer's normal
cost of the benefit plus | 8 | | interest, a member may establish service credit
for periods of | 9 | | less than one year spent on authorized leave of absence from
| 10 | | service, provided that (1) the period of leave began on or | 11 | | after January 1,
1982 and (2) any credit established by the | 12 | | member for the period of leave in
any other public employee | 13 | | retirement system has been terminated. A member
may establish | 14 | | service credit under this subsection for more than one period
| 15 | | of authorized leave, and in that case the total period of | 16 | | service credit
established by the member under this subsection | 17 | | may exceed one year. In
determining the contributions required | 18 | | for establishing service credit under
this subsection, the | 19 | | interest shall be calculated from the beginning of the
leave of | 20 | | absence to the date of payment.
| 21 | | (l-5) By paying the contributions otherwise required under | 22 | | this Section,
plus an amount determined by the Board to be | 23 | | equal to the employer's normal
cost of the benefit plus | 24 | | interest, a member may establish service credit
for periods of | 25 | | up to 2 years spent on authorized leave of absence from
| 26 | | service, provided that during that leave the member represented |
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| 1 | | or was employed as an officer or employee of a statewide labor | 2 | | organization that represents members of this System. In
| 3 | | determining the contributions required for establishing | 4 | | service credit under
this subsection, the interest shall be | 5 | | calculated from the beginning of the
leave of absence to the | 6 | | date of payment.
| 7 | | (m) Any person who rendered contractual services to a | 8 | | member of
the General Assembly as a worker in the member's | 9 | | district office may establish
creditable service for up to 3 | 10 | | years of those contractual services by making
the contributions | 11 | | required under this Section. The System shall determine a
| 12 | | full-time salary equivalent for the purpose of calculating the | 13 | | required
contribution. To establish credit under this | 14 | | subsection, the applicant must
apply to the System by March 1, | 15 | | 1998.
| 16 | | (n) Any person who rendered contractual services to a | 17 | | member of
the General Assembly as a worker providing | 18 | | constituent services to persons in
the member's district may | 19 | | establish
creditable service for up to 8 years of those | 20 | | contractual services by making
the contributions required | 21 | | under this Section. The System shall determine a
full-time | 22 | | salary equivalent for the purpose of calculating the required
| 23 | | contribution. To establish credit under this subsection, the | 24 | | applicant must
apply to the System by March 1, 1998.
| 25 | | (o) A member who participated in the Illinois Legislative | 26 | | Staff
Internship Program may establish creditable service for |
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| 1 | | up to one year
of that participation by making the contribution | 2 | | required under this Section.
The System shall determine a | 3 | | full-time salary equivalent for the purpose of
calculating the | 4 | | required contribution. Credit may not be established under
this | 5 | | subsection for any period for which service credit is | 6 | | established under
any other provision of this Code.
| 7 | | (p) By paying the contributions otherwise required under | 8 | | this Section,
plus an amount determined by the Board to be | 9 | | equal to the employer's normal
cost of the benefit plus | 10 | | interest, a member may establish service credit
for a period of | 11 | | up to 8 years during which he or she was employed by the
| 12 | | Visually Handicapped Managers of Illinois in a vending program | 13 | | operated under
a contractual agreement with the Department of | 14 | | Rehabilitation Services or its successor agency.
| 15 | | This subsection (p) applies without regard to whether the | 16 | | person was in service on or after the effective date of this | 17 | | amendatory Act of the 94th General Assembly. In the case of a | 18 | | person who is receiving a retirement annuity on that effective | 19 | | date, the increase, if any, shall begin to accrue on the first | 20 | | annuity payment date following receipt by the System of the | 21 | | contributions required under this subsection (p).
| 22 | | (q) By paying the required contributions under this | 23 | | Section, plus an amount determined by the Board to be equal to | 24 | | the employer's normal cost of the benefit plus interest, an | 25 | | employee who was laid off but returned to any State employment | 26 | | may establish creditable service for the period of the layoff, |
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| 1 | | provided that (1) the applicant applies for the creditable | 2 | | service under this subsection (q) within 6 months after July | 3 | | 27, 2010 ( the effective date of Public Act 96-1320) this | 4 | | amendatory Act of the 96th General Assembly , (2) the applicant | 5 | | does not receive credit for that period under any other | 6 | | provision of this Code, (3) at the time of the layoff, the | 7 | | applicant is not in an initial probationary status consistent | 8 | | with the rules of the Department of Central Management | 9 | | Services, and (4) the total amount of creditable service | 10 | | established by the applicant under this subsection (q) does not | 11 | | exceed 3 years. For service established under this subsection | 12 | | (q), the required employee contribution shall be based on the | 13 | | rate of compensation earned by the employee on the date of | 14 | | returning to employment after the layoff and the contribution | 15 | | rate then in effect, and the required interest shall be | 16 | | calculated at the actuarially assumed rate from the date of | 17 | | returning to employment after the layoff to the date of | 18 | | payment.
Funding for any new benefit increase, as defined in | 19 | | Section 14-152.1 of this Act, that is created under this | 20 | | subsection (q) will be provided by the employee contributions | 21 | | required under this subsection (q). | 22 | | (r) A member who participated in the University of Illinois | 23 | | Government Public Service Internship Program (GPSI) may | 24 | | establish creditable service for up to 2 years
of that | 25 | | participation by making the contribution required under this | 26 | | Section, plus an amount determined by the Board to be equal to |
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| 1 | | the employer's normal cost of the benefit plus interest.
The | 2 | | System shall determine a full-time salary equivalent for the | 3 | | purpose of
calculating the required contribution. Credit may | 4 | | not be established under
this subsection for any period for | 5 | | which service credit is established under
any other provision | 6 | | of this Code. | 7 | | (s)
A member who worked as a nurse under a contractual | 8 | | agreement for the Department of Public Aid, or its successor | 9 | | agency, the Department of Human Services, in the Client | 10 | | Assessment Unit and was subsequently determined to be a State | 11 | | employee by the United States Internal Revenue Service and the | 12 | | Illinois Labor Relations Board may establish creditable | 13 | | service for those contractual services by making the | 14 | | contributions required under this Section. To establish credit | 15 | | under this subsection, the applicant must apply to the System | 16 | | by July 1, 2008. | 17 | | The Department of Human Services shall pay an employer | 18 | | contribution based upon an amount determined by the Board to be | 19 | | equal to the employer's normal cost of the benefit, plus | 20 | | interest. | 21 | | In compliance with Section 14-152.1 added by Public Act | 22 | | 94-4, the cost of the benefits provided by Public Act 95-583
| 23 | | are offset by the required employee and employer contributions.
| 24 | | (t) Any person who rendered contractual services on a | 25 | | full-time basis to the Illinois Institute of Natural Resources | 26 | | and the Illinois Department of Energy and Natural Resources may |
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| 1 | | establish creditable service for up to 4 years of those | 2 | | contractual services by making the contributions required | 3 | | under this Section, plus an amount determined by the Board to | 4 | | be equal to the employer's normal cost of the benefit plus | 5 | | interest at the actuarially assumed rate from the first day of | 6 | | the service for which credit is being established to the date | 7 | | of payment. To establish credit under this subsection (t), the | 8 | | applicant must apply to the System within 6 months after July | 9 | | 27, 2010 August 28, 2009 (the effective date of Public Act | 10 | | 96-1320 96-775 ) this amendatory Act of the 96th General | 11 | | Assembly . | 12 | | (u) By paying the required contributions under this | 13 | | Section, plus an amount determined by the Board to be equal to | 14 | | the employer's normal cost of the benefit, plus interest, a | 15 | | member may establish creditable service and earnings credit for | 16 | | periods of furlough beginning on or after July 1, 2008. To | 17 | | receive this credit, the participant must (i) apply in writing | 18 | | to the System before December 31, 2011 and (ii) not receive | 19 | | compensation for the furlough period. For service established | 20 | | under this subsection, the required employee contribution | 21 | | shall be based on the rate of compensation earned by the | 22 | | employee immediately following the date of the first furlough | 23 | | day in the time period specified in this subsection (u), and | 24 | | the required interest shall be calculated at the actuarially | 25 | | assumed rate from the date of the furlough to the date of | 26 | | payment. A member may establish creditable service and earnings |
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| 1 | | credit for a period of voluntary or involuntary furlough, not | 2 | | exceeding 5 days, beginning on or after July 1, 2008 and ending | 3 | | on or before June 30, 2009, that is utilized as a means of | 4 | | addressing a State fiscal emergency. To receive this credit, | 5 | | the member must apply in writing to the System before July 1, | 6 | | 2012, and make contributions required under this Section, plus | 7 | | an amount determined by the Board to be equal to the employer's | 8 | | normal cost of the benefit, plus interest at the actuarially | 9 | | assumed rate. | 10 | | A member may establish creditable service and earnings | 11 | | credit for a period of voluntary or involuntary furlough, not | 12 | | exceeding 24 days, beginning on or after July 1, 2009 and | 13 | | ending on or before June 30, 2011, that is utilized as a means | 14 | | of addressing a State fiscal emergency. To receive this credit, | 15 | | the member must, before December 31, 2011, (i) apply in writing | 16 | | to the System and (ii) make the contributions required under | 17 | | this Section, plus an amount determined by the Board to be | 18 | | equal to the employer's normal cost of the benefit, plus | 19 | | interest at the actuarially assumed rate. | 20 | | (v) Any member who rendered full-time contractual services | 21 | | to an Illinois Veterans Home operated by the Department of | 22 | | Veterans' Affairs may establish service credit for up
to 8 | 23 | | years of such services by making the contributions required | 24 | | under this
Section, plus an amount determined by the Board to | 25 | | be equal to the employer's normal cost of the benefit, plus | 26 | | interest at the actuarially assumed rate. To establish credit |
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| 1 | | under this subsection, the applicant must
apply to the System | 2 | | no later than 6 months after July 27, 2010 2009 (the effective | 3 | | date of Public Act 96-1320 96-97 ) this amendatory Act of the | 4 | | 96th General Assembly . | 5 | | (Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; | 6 | | 95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff. | 7 | | 7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; 96-961, | 8 | | eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1320, eff. 7-27-10; | 9 | | revised 9-16-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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