Full Text of HB4644 96th General Assembly
HB4644enr 96TH GENERAL ASSEMBLY
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HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 7-142, 7-142.1, 7-145.1, 9-121.6, 14-104, and by | 6 |
| adding Sections 9-128.2 and 15-113.11 as follows: | 7 |
| (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) | 8 |
| Sec. 7-142. Retirement annuities - Amount. | 9 |
| (a) The amount of a retirement annuity shall be the sum of | 10 |
| the
following, determined in accordance with the actuarial | 11 |
| tables in effect at
the time of the grant of the annuity: | 12 |
| 1. For employees with 8 or more years of service, an | 13 |
| annuity
computed pursuant to subparagraphs a or b of this | 14 |
| subparagraph 1,
whichever is the higher, and for employees | 15 |
| with less than 8 years of
service the annuity computed | 16 |
| pursuant to subparagraph a: | 17 |
| a. The monthly annuity which can be provided from | 18 |
| the total
accumulated normal, municipality and prior | 19 |
| service credits, as of the
attained age of the employee | 20 |
| on the date the annuity begins provided
that such | 21 |
| annuity shall not exceed 75% of the final rate of | 22 |
| earnings of
the employee. | 23 |
| b. (i) The monthly annuity amount determined as |
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| follows by
multiplying (a) 1 2/3% for annuitants with | 2 |
| not more than 15 years or (b)
1 2/3% for the first 15 | 3 |
| years and 2% for each year in excess of 15 years
for | 4 |
| annuitants with more than 15 years by the number of | 5 |
| years plus
fractional years, prorated on a basis of | 6 |
| months, of creditable service
and multiply the product | 7 |
| thereof by the employee's final rate of earnings. | 8 |
| (ii) For the sole purpose of computing the formula | 9 |
| (and not for the
purposes of the limitations | 10 |
| hereinafter stated) $125 shall be considered
the final | 11 |
| rate of earnings in all cases where the final rate of | 12 |
| earnings
is less than such amount. | 13 |
| (iii) The monthly annuity computed in accordance | 14 |
| with this
subparagraph b, shall not exceed an amount | 15 |
| equal to 75% of the final
rate of earnings. | 16 |
| (iv) For employees who have less than 35 years of | 17 |
| service, the
annuity computed in accordance with this | 18 |
| subparagraph b (as reduced by
application of | 19 |
| subparagraph (iii)
above) shall be reduced by 0.25% | 20 |
| thereof (0.5% if service was terminated
before January | 21 |
| 1, 1988) for each month or fraction thereof (1) that | 22 |
| the
employee's age is less than 60 years, or (2) if the | 23 |
| employee has at least
30 years of service credit, that | 24 |
| the employee's service credit is less than
35 years, | 25 |
| whichever is less, on the date the annuity begins. | 26 |
| 2. The annuity which can be provided from the total |
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| accumulated
additional credits as of the attained age of | 2 |
| the employee on the date
the annuity begins. | 3 |
| (b) If payment of an annuity begins prior to the earliest | 4 |
| age at
which the employee will become eligible for an old age | 5 |
| insurance benefit
under the Federal Social Security Act, he may | 6 |
| elect that the annuity
payments from this fund shall exceed | 7 |
| those payable after his attaining
such age by an amount, | 8 |
| computed as determined by rules of the Board, but
not in excess | 9 |
| of his estimated Social Security Benefit, determined as
of the | 10 |
| effective date of the annuity, provided that in no case shall | 11 |
| the
total annuity payments made by this fund exceed in | 12 |
| actuarial value the
annuity which would have been payable had | 13 |
| no such election been made. | 14 |
| (c) The retirement annuity shall be increased each year by | 15 |
| 2%, not
compounded, of the monthly amount of annuity, taking | 16 |
| into consideration
any adjustment under paragraph (b) of this | 17 |
| Section. This increase shall
be effective each January 1 and | 18 |
| computed from the effective date of the
retirement annuity, the | 19 |
| first increase being .167% of the monthly amount
times the | 20 |
| number of months from the effective date to January 1. | 21 |
| Beginning
January 1, 1984 and thereafter, the retirement | 22 |
| annuity shall be increased
by 3% each year, not compounded. | 23 |
| This increase shall not be applicable to
annuitants who are not | 24 |
| in service on or after September 8, 1971. | 25 |
| (d) Any elected county officer who was entitled to receive | 26 |
| a stipend from the State on or after July 1, 2009 and on or |
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| before June 30, 2010 may establish earnings credit for the | 2 |
| amount of stipend not received, if the elected county official | 3 |
| applies in writing to the fund within 6 months after the | 4 |
| effective date of this amendatory Act of the 96th General | 5 |
| Assembly and pays to the fund an amount equal to (i) employee | 6 |
| contributions on the amount of stipend not received, (ii) | 7 |
| employer contributions determined by the Board equal to the | 8 |
| employer's normal cost of the benefit on the amount of stipend | 9 |
| not received, plus (iii) interest on items (i) and (ii) at the | 10 |
| actuarially assumed rate. | 11 |
| (Source: P.A. 91-357, eff. 7-29-99.) | 12 |
| (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | 13 |
| Sec. 7-142.1. Sheriff's law enforcement employees.
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| (a) In lieu of the retirement annuity provided by | 15 |
| subparagraph 1 of
paragraph (a) of Section 7-142:
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| Any sheriff's law enforcement employee who
has 20 or more | 17 |
| years of service in that capacity and who terminates
service | 18 |
| prior to January 1, 1988 shall be entitled at his
option to | 19 |
| receive a monthly retirement annuity for his service as a
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| sheriff's law enforcement employee computed by multiplying 2% | 21 |
| for each year
of such service up to 10 years, 2 1/4% for each | 22 |
| year
of such service above 10 years and up to 20 years, and
2 | 23 |
| 1/2% for each year of such service above
20 years, by his | 24 |
| annual final rate of earnings and dividing by 12.
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| Any sheriff's law enforcement employee who has 20 or more |
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| years of
service in that capacity and who terminates service on | 2 |
| or after January 1,
1988 and before July 1, 2004 shall be | 3 |
| entitled at his option to receive
a monthly retirement
annuity | 4 |
| for his service as a sheriff's law enforcement employee | 5 |
| computed by
multiplying 2.5% for each year of such service up | 6 |
| to 20 years, 2% for each
year of such service above 20 years | 7 |
| and up to 30 years, and 1% for each
year of such service above | 8 |
| 30 years, by his annual final rate of earnings
and dividing by | 9 |
| 12.
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| Any sheriff's law enforcement employee who has 20 or more | 11 |
| years of
service in that capacity and who terminates service on | 12 |
| or after July 1,
2004 shall be entitled at his or her option to | 13 |
| receive a monthly retirement
annuity for service as a sheriff's | 14 |
| law enforcement employee computed by
multiplying 2.5% for each | 15 |
| year of such service by his annual final rate of
earnings and | 16 |
| dividing by 12.
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| If a sheriff's law enforcement employee has service in any | 18 |
| other
capacity, his retirement annuity for service as a | 19 |
| sheriff's law enforcement
employee may be computed under this | 20 |
| Section and the retirement annuity for
his other service under | 21 |
| Section 7-142.
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| In no case shall the total monthly retirement annuity for | 23 |
| persons who retire before July 1, 2004 exceed 75% of the
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| monthly final rate of earnings. In no case shall the total | 25 |
| monthly retirement annuity for persons who retire on or after | 26 |
| July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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| (b) Whenever continued group insurance coverage is elected | 2 |
| in accordance
with the provisions of Section 367h of the | 3 |
| Illinois Insurance Code, as now
or hereafter amended, the total | 4 |
| monthly premium for such continued group
insurance coverage or | 5 |
| such portion thereof as is not paid
by the municipality shall, | 6 |
| upon request of the person electing such
continued group | 7 |
| insurance coverage, be deducted from any monthly pension
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| benefit otherwise payable to such person pursuant to this | 9 |
| Section, to be
remitted by the Fund to the insurance company
or | 10 |
| other entity providing the group insurance coverage.
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| (c) A sheriff's law enforcement employee who has service in | 12 |
| any other
capacity may convert up to 10 years of that service | 13 |
| into service as a sheriff's
law enforcement employee by paying | 14 |
| to the Fund an amount equal to (1) the
additional employee | 15 |
| contribution required under Section 7-173.1, plus (2) the | 16 |
| additional employer contribution required under Section 7-172, | 17 |
| plus (3) interest on items (1) and (2) at the
prescribed rate | 18 |
| from the date of the service to the date of payment.
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| (d) The changes to subsections (a) and (b) of this Section | 20 |
| made by this amendatory Act of the 94th General Assembly apply | 21 |
| only to persons in service on or after July 1, 2004. In the | 22 |
| case of such a person who begins to receive a retirement | 23 |
| annuity before the effective date of this amendatory Act of the | 24 |
| 94th General Assembly, the annuity shall be recalculated | 25 |
| prospectively to reflect those changes, with the resulting | 26 |
| increase beginning to accrue on the first annuity payment date |
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| following the effective date of this amendatory Act.
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| (e) Any elected county officer who was entitled to receive | 3 |
| a stipend from the State on or after July 1, 2009 and on or | 4 |
| before June 30, 2010 may establish earnings credit for the | 5 |
| amount of stipend not received, if the elected county official | 6 |
| applies in writing to the fund within 6 months after the | 7 |
| effective date of this amendatory Act of the 96th General | 8 |
| Assembly and pays to the fund an amount equal to (i) employee | 9 |
| contributions on the amount of stipend not received, (ii) | 10 |
| employer contributions determined by the Board equal to the | 11 |
| employer's normal cost of the benefit on the amount of stipend | 12 |
| not received, plus (iii) interest on items (i) and (ii) at the | 13 |
| actuarially assumed rate. | 14 |
| (Source: P.A. 94-712, eff. 6-1-06 .) | 15 |
| (40 ILCS 5/7-145.1) | 16 |
| Sec. 7-145.1. Alternative annuity for county officers. | 17 |
| (a) The benefits provided in this Section and Section | 18 |
| 7-145.2 are available
only if the county board has filed with | 19 |
| the Board of the Fund a resolution or
ordinance expressly | 20 |
| consenting to the availability of these benefits for its
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| elected county officers. The county board's consent is | 22 |
| irrevocable with
respect to persons participating in the | 23 |
| program, but may be revoked at any time
with respect to persons | 24 |
| who have not paid an additional optional contribution
under | 25 |
| this Section before the date of revocation. |
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| An elected county officer may elect to establish | 2 |
| alternative credits for
an alternative annuity by electing in | 3 |
| writing to make additional optional
contributions in | 4 |
| accordance with this Section and procedures established
by the | 5 |
| board. These alternative credits are available only for periods | 6 |
| of
service as an elected county officer. The elected county | 7 |
| officer may
discontinue making the additional optional | 8 |
| contributions by notifying the
Fund in writing in accordance | 9 |
| with this Section and procedures established
by the board. | 10 |
| Additional optional contributions for the alternative | 11 |
| annuity shall
be as follows: | 12 |
| (1) For service as an elected county officer after the | 13 |
| option is
elected, an additional contribution of 3% of | 14 |
| salary shall be contributed
to the Fund on the same basis | 15 |
| and under the same conditions as contributions
required | 16 |
| under Section 7-173. | 17 |
| (2) For service as an elected county officer before the | 18 |
| option is
elected, an additional contribution of 3% of the | 19 |
| salary for the applicable
period of service, plus interest | 20 |
| at the effective rate from the date of
service to the date | 21 |
| of payment, plus any additional amount required by
the | 22 |
| county board under paragraph (3). All payments for past | 23 |
| service must
be paid in full before credit is given. | 24 |
| (3) With respect to service as an elected county | 25 |
| officer before the
option is elected, if payment is made | 26 |
| after the county board has filed with
the Board of the Fund |
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| a resolution or ordinance requiring an additional
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| contribution under this paragraph, then the contribution | 3 |
| required under
paragraph (2) shall include an amount to be | 4 |
| determined by the Fund, equal
to the actuarial present | 5 |
| value of the additional employer cost that would
otherwise | 6 |
| result from the alternative credits being established for | 7 |
| that
service. A county board's resolution or ordinance | 8 |
| requiring additional
contributions under this paragraph | 9 |
| (3) is irrevocable. | 10 |
| No additional optional contributions may be made for any | 11 |
| period of service
for which credit has been previously | 12 |
| forfeited by acceptance of a refund,
unless the refund is | 13 |
| repaid in full with interest at the effective rate from
the | 14 |
| date of refund to the date of repayment. | 15 |
| (b) In lieu of the retirement annuity otherwise payable | 16 |
| under this Article,
an elected county officer who (1) has | 17 |
| elected to participate in the Fund and
make additional optional | 18 |
| contributions in accordance with this Section, (2)
has held and | 19 |
| made additional optional contributions with respect to the same
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| elected county office for at least 8 years, and (3) has | 21 |
| attained
age 55 with at least 8 years of service credit (or has | 22 |
| attained age 50 with at
least 20 years of service as a | 23 |
| sheriff's law enforcement employee) may elect
to have his | 24 |
| retirement annuity computed as follows: 3% of the participant's
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| salary for each of the first 8 years
of service credit, plus 4% | 26 |
| of that salary for each of the next 4 years of
service credit, |
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| plus 5% of that salary for each year of service credit in
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| excess of 12 years, subject to a maximum of 80% of that salary. | 3 |
| This formula applies only to service in an elected county | 4 |
| office that the
officer held for at least 8 years, and only to | 5 |
| service for which additional
optional contributions have been | 6 |
| paid under this Section. If an elected county
officer qualifies | 7 |
| to have this formula applied to service in more than one
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| elected county office, the qualifying service shall be | 9 |
| accumulated for purposes
of determining the applicable accrual | 10 |
| percentages, but the salary used for each
office shall be the | 11 |
| separate salary calculated for that office, as defined in
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| subsection (g). | 13 |
| To the extent that the elected county officer has service | 14 |
| credit that does
not qualify for this formula, his retirement | 15 |
| annuity will first be determined
in accordance with this | 16 |
| formula with respect to the service to which this
formula | 17 |
| applies, and then in accordance with the remaining Sections of | 18 |
| this
Article with respect to the service to which this formula | 19 |
| does not apply. | 20 |
| (c) In lieu of the disability benefits otherwise payable | 21 |
| under this
Article, an elected county officer who (1) has
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| elected to participate in the Fund, and (2) has become
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| permanently disabled and as a consequence is unable to perform | 24 |
| the duties
of his office, and (3) was making optional | 25 |
| contributions in accordance with
this Section at the time the | 26 |
| disability was incurred, may elect to receive
a disability |
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| annuity calculated in accordance with the formula in subsection
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| (b). For the purposes of this subsection, an elected county | 3 |
| officer shall be
considered permanently disabled only if: (i) | 4 |
| disability occurs while in
service as an elected county officer | 5 |
| and is of such a nature as to prevent him
from reasonably | 6 |
| performing the duties of his office at the time; and (ii) the
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| board has received a written certification by at least 2 | 8 |
| licensed physicians
appointed by it stating that the officer is | 9 |
| disabled and that the disability
is likely to be permanent. | 10 |
| (d) Refunds of additional optional contributions shall be | 11 |
| made on the
same basis and under the same conditions as | 12 |
| provided under Section 7-166,
7-167 and 7-168. Interest shall | 13 |
| be credited at the effective rate on the
same basis and under | 14 |
| the same conditions as for other contributions. | 15 |
| If an elected county officer fails to hold that same | 16 |
| elected county
office for at least 8 years, he or she shall be | 17 |
| entitled after leaving office
to receive a refund of the | 18 |
| additional optional contributions made with respect
to that | 19 |
| office, plus interest at the effective rate. | 20 |
| (e) The plan of optional alternative benefits and | 21 |
| contributions shall be
available to persons who are elected | 22 |
| county officers and active contributors
to the Fund on or after | 23 |
| November 15, 1994. A person who was an elected county
officer | 24 |
| and an active contributor to the Fund on November 15, 1994 but | 25 |
| is
no longer an active contributor may apply to make additional | 26 |
| optional
contributions under this Section at any time within 90 |
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| days after the
effective date of this amendatory Act of 1997; | 2 |
| if the person is an annuitant,
the resulting increase in | 3 |
| annuity shall begin to accrue on the first day of
the month | 4 |
| following the month in which the required payment is received | 5 |
| by the
Fund. | 6 |
| (f) For the purposes of this Section and Section 7-145.2, | 7 |
| the terms "elected
county officer" and "elected county office" | 8 |
| include, but are not limited to:
(1) the county clerk, | 9 |
| recorder, treasurer, coroner, assessor (if elected),
auditor, | 10 |
| sheriff, and
State's Attorney; members of the county board; and | 11 |
| the clerk of the circuit
court; and (2) a person who has been | 12 |
| appointed to fill a vacancy in an
office that is normally | 13 |
| filled by election on a countywide basis, for the
duration of | 14 |
| his or her service in that office. The terms "elected county
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| officer" and "elected county office" do not include any officer | 16 |
| or office of
a county that has not consented to the | 17 |
| availability of benefits under this
Section and Section | 18 |
| 7-145.2. | 19 |
| (g) For the purposes of this Section and Section 7-145.2, | 20 |
| the term
"salary" means the final rate of earnings for the | 21 |
| elected county office held,
calculated in a manner consistent | 22 |
| with Section 7-116, but for that office
only. If an elected | 23 |
| county officer qualifies to have the formula in subsection
(b) | 24 |
| applied to service in more than one elected county office, a | 25 |
| separate
salary shall be calculated and applied with respect to | 26 |
| each such office. |
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| (h) The changes to this Section made by this amendatory Act | 2 |
| of the 91st
General Assembly apply to persons who first make an | 3 |
| additional optional
contribution under this Section on or after | 4 |
| the effective date of this
amendatory Act. | 5 |
| (i) Any elected county officer who was entitled to receive | 6 |
| a stipend from the State on or after July 1, 2009 and on or | 7 |
| before June 30, 2010 may establish earnings credit for the | 8 |
| amount of stipend not received, if the elected county official | 9 |
| applies in writing to the fund within 6 months after the | 10 |
| effective date of this amendatory Act of the 96th General | 11 |
| Assembly and pays to the fund an amount equal to (i) employee | 12 |
| contributions on the amount of stipend not received, (ii) | 13 |
| employer contributions determined by the Board equal to the | 14 |
| employer's normal cost of the benefit on the amount of stipend | 15 |
| not received, plus (iii) interest on items (i) and (ii) at the | 16 |
| actuarially assumed rate. | 17 |
| (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00; | 18 |
| 91-887, eff. 7-6-00.)
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| (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
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| Sec. 9-121.6. Alternative annuity for county officers. | 21 |
| (a) Any
county officer elected by vote of the people may | 22 |
| elect to establish
alternative credits for an alternative | 23 |
| annuity by electing in writing to
make additional optional | 24 |
| contributions in accordance with this Section and
procedures | 25 |
| established by the board. Such elected county officer
may |
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| discontinue making the additional optional contributions by | 2 |
| notifying
the Fund in writing in accordance with this Section | 3 |
| and procedures
established by the board.
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| Additional optional contributions for the alternative | 5 |
| annuity shall
be as follows:
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| (1) For service after the option is elected, an | 7 |
| additional contribution
of 3% of salary shall be | 8 |
| contributed to the Fund on the same basis and
under the | 9 |
| same conditions as contributions required under Sections | 10 |
| 9-170
and 9-176.
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| (2) For service before the option is elected, an | 12 |
| additional
contribution of 3% of the salary for the | 13 |
| applicable period of service, plus
interest at the | 14 |
| effective rate from the date of service to the date of
| 15 |
| payment. All payments for past service must be paid in full | 16 |
| before credit
is given. No additional optional | 17 |
| contributions may be made for any period
of service for | 18 |
| which credit has been previously forfeited by acceptance of
| 19 |
| a refund, unless the refund is repaid in full with interest | 20 |
| at the
effective rate from the date of refund to the date | 21 |
| of repayment.
| 22 |
| (b) In lieu of the retirement annuity otherwise payable | 23 |
| under this
Article, any county officer elected by vote of the | 24 |
| people who (1) has
elected to participate in the Fund and make | 25 |
| additional optional
contributions in accordance with this | 26 |
| Section, and (2)
has attained age 60 with at least 10 years of |
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| service credit,
or has attained age 65 with at least 8 years of | 2 |
| service credit, may elect
to have his retirement annuity | 3 |
| computed as follows: 3% of the
participant's salary at the time | 4 |
| of termination of service for each of the
first 8 years of | 5 |
| service credit, plus 4% of such salary for each of the
next 4 | 6 |
| years of service credit, plus
5% of such salary for each year | 7 |
| of service credit in excess of 12 years,
subject to a maximum | 8 |
| of 80% of such salary. To the extent such elected
county | 9 |
| officer has made additional optional contributions with | 10 |
| respect to
only a portion of his years of service credit, his | 11 |
| retirement annuity will
first be determined in accordance with | 12 |
| this Section to the extent such
additional optional | 13 |
| contributions were made, and then in accordance with
the | 14 |
| remaining Sections of this Article to the extent of years of | 15 |
| service
credit with respect to which additional optional | 16 |
| contributions were not made.
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| (c) In lieu of the disability benefits otherwise payable | 18 |
| under this
Article, any county officer elected by vote of the | 19 |
| people who (1) has
elected to participate in the Fund, and (2) | 20 |
| has become
permanently disabled and as a consequence is unable | 21 |
| to perform the duties
of his office, and (3) was making | 22 |
| optional contributions in accordance with
this Section at the | 23 |
| time the disability was incurred, may elect to receive
a | 24 |
| disability annuity calculated in
accordance with the formula in | 25 |
| subsection (b). For the purposes of this
subsection, such | 26 |
| elected county officer shall be considered permanently
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| disabled only if: (i) disability occurs while in service as an | 2 |
| elected
county officer and is of such a nature as to prevent | 3 |
| him from reasonably
performing the duties of his office at the | 4 |
| time; and (ii) the board has
received a written certification | 5 |
| by at least 2 licensed physicians
appointed by it stating that | 6 |
| such officer is disabled and that the
disability is likely to | 7 |
| be permanent.
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| (d) Refunds of additional optional contributions shall be | 9 |
| made on the
same basis and under the same conditions as | 10 |
| provided under Section 9-164,
9-166 and 9-167. Interest shall | 11 |
| be credited at the effective rate on the
same basis and under | 12 |
| the same conditions as for other contributions.
Optional | 13 |
| contributions under this
Section shall be included in the | 14 |
| amount of employee contributions used to
compute the tax levy | 15 |
| under Section 9-169.
| 16 |
| (e) The effective date of this plan of optional alternative | 17 |
| benefits
and contributions shall be January 1, 1988, or the | 18 |
| date upon which
approval is received from the U.S. Internal | 19 |
| Revenue Service, whichever is
later. The plan of optional | 20 |
| alternative benefits and contributions shall
not be available | 21 |
| to any former county officer or employee receiving an
annuity | 22 |
| from the Fund on the effective date of the plan, unless he
| 23 |
| re-enters service as an elected county officer and renders at | 24 |
| least 3 years
of additional service after the date of re-entry.
| 25 |
| (f) Any elected county officer who was entitled to receive | 26 |
| a stipend from the State on or after July 1, 2009 and on or |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| before June 30, 2010 may establish earnings credit for the | 2 |
| amount of stipend not received, if the elected county official | 3 |
| applies in writing to the fund within 6 months after the | 4 |
| effective date of this amendatory Act of the 96th General | 5 |
| Assembly and pays to the fund an amount equal to (i) employee | 6 |
| contributions on the amount of stipend not received, (ii) | 7 |
| employer contributions determined by the Board equal to the | 8 |
| employer's normal cost of the benefit on the amount of stipend | 9 |
| not received, plus (iii) interest on items (i) and (ii) at the | 10 |
| actuarially assumed rate. | 11 |
| (g) (f) The plan of optional alternative benefits and | 12 |
| contributions authorized under this Section applies only to | 13 |
| county officers elected by vote of the people on or before | 14 |
| January 1, 2008 (the effective date of Public Act 95-654).
| 15 |
| (Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08; | 16 |
| 95-876, eff. 8-21-08.)
| 17 |
| (40 ILCS 5/9-128.2 new) | 18 |
| Sec. 9-128.2. Stipends. Any elected county officer who was | 19 |
| entitled to receive a stipend from the State on or after July | 20 |
| 1, 2009 and on or before June 30, 2010 may establish earnings | 21 |
| credit for the amount of stipend not received, if the elected | 22 |
| county official applies in writing to the fund within 6 months | 23 |
| after the effective date of this amendatory Act of the 96th | 24 |
| General Assembly and pays to the fund an amount equal to (i) | 25 |
| employee contributions on the amount of stipend not received, |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| (ii) employer contributions determined by the Board equal to | 2 |
| the employer's normal cost of the benefit on the amount of | 3 |
| stipend not received, plus (iii) interest on items (i) and (ii) | 4 |
| at the actuarially assumed rate. | 5 |
| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | 6 |
| Sec. 14-104. Service for which contributions permitted.
| 7 |
| Contributions provided for in this Section shall cover the | 8 |
| period of
service granted. Except as otherwise provided in this | 9 |
| Section, the
contributions shall be based upon the employee's | 10 |
| compensation and
contribution rate in effect on the date he | 11 |
| last became a member of the
System; provided that for all | 12 |
| employment prior to January 1, 1969 the
contribution rate shall | 13 |
| be that in effect for a noncovered employee on
the date he last | 14 |
| became a member of the System. Except as otherwise provided
in | 15 |
| this Section, contributions permitted under this Section shall | 16 |
| include
regular interest from the date an employee last became | 17 |
| a member of the System
to the date of payment.
| 18 |
| These contributions must be paid in full before retirement | 19 |
| either in
a lump sum or in installment payments in accordance | 20 |
| with such rules as
may be adopted by the board.
| 21 |
| (a) Any member may make contributions as required in this | 22 |
| Section
for any period of service, subsequent to the date of | 23 |
| establishment, but
prior to the date of membership.
| 24 |
| (b) Any employee who had been previously excluded from | 25 |
| membership
because of age at entry and subsequently became |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| eligible may elect to
make contributions as required in this | 2 |
| Section for the period of service
during which he was | 3 |
| ineligible.
| 4 |
| (c) An employee of the Department of Insurance who, after | 5 |
| January 1,
1944 but prior to becoming eligible for membership, | 6 |
| received salary from
funds of insurance companies in the | 7 |
| process of rehabilitation,
liquidation, conservation or | 8 |
| dissolution, may elect to make
contributions as required in | 9 |
| this Section for such service.
| 10 |
| (d) Any employee who rendered service in a State office to | 11 |
| which he
was elected, or rendered service in the elective | 12 |
| office of Clerk of the
Appellate Court prior to the date he | 13 |
| became a member, may make
contributions for such service as | 14 |
| required in this Section. Any member
who served by appointment | 15 |
| of the Governor under the Civil Administrative
Code of Illinois | 16 |
| and did not participate in this System may make
contributions | 17 |
| as required in this Section for such service.
| 18 |
| (e) Any person employed by the United States government or | 19 |
| any
instrumentality or agency thereof from January 1, 1942 | 20 |
| through November
15, 1946 as the result of a transfer from | 21 |
| State service by executive
order of the President of the United | 22 |
| States shall be entitled to prior
service credit covering the | 23 |
| period from January 1, 1942 through December
31, 1943 as | 24 |
| provided for in this Article and to membership service
credit | 25 |
| for the period from January 1, 1944 through November 15, 1946 | 26 |
| by
making the contributions required in this Section. A person |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| so employed
on January 1, 1944 but whose employment began after | 2 |
| January 1, 1942 may
qualify for prior service and membership | 3 |
| service credit under the same
conditions.
| 4 |
| (f) An employee of the Department of Labor of the State of | 5 |
| Illinois who
performed services for and under the supervision | 6 |
| of that Department
prior to January 1, 1944 but who was | 7 |
| compensated for those services
directly by federal funds and | 8 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 9 |
| State Treasurer may establish credit for such
employment by | 10 |
| making the contributions required in this Section. An
employee | 11 |
| of the Department of Agriculture of the State of Illinois, who
| 12 |
| performed services for and under the supervision of that | 13 |
| Department
prior to June 1, 1963, but was compensated for those | 14 |
| services directly
by federal funds and not paid by a warrant of | 15 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 16 |
| who did not contribute to any
other public employee retirement | 17 |
| system for such service, may establish
credit for such | 18 |
| employment by making the contributions required in this
| 19 |
| Section.
| 20 |
| (g) Any employee who executed a waiver of membership within
| 21 |
| 60 days prior to January 1, 1944 may, at any time while in the | 22 |
| service of a
department, file with the board a rescission of | 23 |
| such waiver. Upon
making the contributions required by this | 24 |
| Section, the member shall be
granted the creditable service | 25 |
| that would have been received if the
waiver had not been | 26 |
| executed.
|
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| (h) Until May 1, 1990, an employee who was employed on a | 2 |
| full-time
basis by a regional planning commission for at least | 3 |
| 5 continuous years may
establish creditable service for such | 4 |
| employment by making the
contributions required under this | 5 |
| Section, provided that any credits earned
by the employee in | 6 |
| the commission's retirement plan have been terminated.
| 7 |
| (i) Any person who rendered full time contractual services | 8 |
| to the General
Assembly as a member of a legislative staff may | 9 |
| establish service credit for up
to 8 years of such services by | 10 |
| making the contributions required under this
Section, provided | 11 |
| that application therefor is made not later than July 1,
1991.
| 12 |
| (j) By paying the contributions otherwise required under | 13 |
| this Section,
plus an amount determined by the Board to be | 14 |
| equal to the employer's normal
cost of the benefit plus | 15 |
| interest, but with all of the interest calculated
from the date | 16 |
| the employee last became a member of the System or November 19,
| 17 |
| 1991, whichever is later, to the date of payment, an employee | 18 |
| may establish
service credit
for a period of up to 4 years | 19 |
| spent in active military service for which he
does not qualify | 20 |
| for credit under Section 14-105, provided that (1) he was
not | 21 |
| dishonorably discharged from such military service, and (2) the | 22 |
| amount
of service credit established by a member under this | 23 |
| subsection (j), when
added to the amount of military service | 24 |
| credit granted to the member under
subsection (b) of Section | 25 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 26 |
| calculating interest under this subsection (j) made by this
|
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| amendatory Act of the 92nd General Assembly applies to credit | 2 |
| purchased by an
employee on or after its effective date and | 3 |
| does not entitle any person to a
refund of contributions or | 4 |
| interest already paid.
In compliance with Section 14-152.1 of | 5 |
| this Act concerning new benefit increases, any new benefit | 6 |
| increase as a result of the changes to this subsection (j) made | 7 |
| by Public Act 95-483
is funded through the employee | 8 |
| contributions provided for in this subsection (j). Any new | 9 |
| benefit increase as a result of the changes made to this | 10 |
| subsection (j) by Public Act 95-483
is exempt from the | 11 |
| provisions of subsection (d) of Section 14-152.1.
| 12 |
| (k) An employee who was employed on a full-time basis by | 13 |
| the Illinois
State's Attorneys Association Statewide Appellate | 14 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 15 |
| that project became the State's
Attorneys Appellate Service | 16 |
| Commission, now the Office of the State's
Attorneys Appellate | 17 |
| Prosecutor, an agency of State government, may
establish | 18 |
| creditable service for not more than 60 months service for
such | 19 |
| employment by making contributions required under this | 20 |
| Section.
| 21 |
| (l) 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 |
| less than one year spent on authorized leave of absence from
| 26 |
| service, provided that (1) the period of leave began on or |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| after January 1,
1982 and (2) any credit established by the | 2 |
| member for the period of leave in
any other public employee | 3 |
| retirement system has been terminated. A member
may establish | 4 |
| service credit under this subsection for more than one period
| 5 |
| of authorized leave, and in that case the total period of | 6 |
| service credit
established by the member under this subsection | 7 |
| may exceed one year. In
determining the contributions required | 8 |
| for establishing service credit under
this subsection, the | 9 |
| interest shall be calculated from the beginning of the
leave of | 10 |
| absence to the date of payment.
| 11 |
| (l-5) By paying the contributions otherwise required under | 12 |
| this Section,
plus an amount determined by the Board to be | 13 |
| equal to the employer's normal
cost of the benefit plus | 14 |
| interest, a member may establish service credit
for periods of | 15 |
| up to 2 years spent on authorized leave of absence from
| 16 |
| service, provided that during that leave the member represented | 17 |
| or was employed as an officer or employee of a statewide labor | 18 |
| organization that represents members of this System. In
| 19 |
| determining the contributions required for establishing | 20 |
| service credit under
this subsection, the interest shall be | 21 |
| calculated from the beginning of the
leave of absence to the | 22 |
| date of payment.
| 23 |
| (m) Any person who rendered contractual services to a | 24 |
| member of
the General Assembly as a worker in the member's | 25 |
| district office may establish
creditable service for up to 3 | 26 |
| years of those contractual services by making
the contributions |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| required under this Section. The System shall determine a
| 2 |
| full-time salary equivalent for the purpose of calculating the | 3 |
| required
contribution. To establish credit under this | 4 |
| subsection, the applicant must
apply to the System by March 1, | 5 |
| 1998.
| 6 |
| (n) Any person who rendered contractual services to a | 7 |
| member of
the General Assembly as a worker providing | 8 |
| constituent services to persons in
the member's district may | 9 |
| establish
creditable service for up to 8 years of those | 10 |
| contractual services by making
the contributions required | 11 |
| under this Section. The System shall determine a
full-time | 12 |
| salary equivalent for the purpose of calculating the required
| 13 |
| contribution. To establish credit under this subsection, the | 14 |
| applicant must
apply to the System by March 1, 1998.
| 15 |
| (o) A member who participated in the Illinois Legislative | 16 |
| Staff
Internship Program may establish creditable service for | 17 |
| up to one year
of that participation by making the contribution | 18 |
| required under this Section.
The System shall determine a | 19 |
| full-time salary equivalent for the purpose of
calculating the | 20 |
| required contribution. Credit may not be established under
this | 21 |
| subsection for any period for which service credit is | 22 |
| established under
any other provision of this Code.
| 23 |
| (p) By paying the contributions otherwise required under | 24 |
| this Section,
plus an amount determined by the Board to be | 25 |
| equal to the employer's normal
cost of the benefit plus | 26 |
| interest, a member may establish service credit
for a period of |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| up to 8 years during which he or she was employed by the
| 2 |
| Visually Handicapped Managers of Illinois in a vending program | 3 |
| operated under
a contractual agreement with the Department of | 4 |
| Rehabilitation Services or its successor agency.
| 5 |
| This subsection (p) applies without regard to whether the | 6 |
| person was in service on or after the effective date of this | 7 |
| amendatory Act of the 94th General Assembly. In the case of a | 8 |
| person who is receiving a retirement annuity on that effective | 9 |
| date, the increase, if any, shall begin to accrue on the first | 10 |
| annuity payment date following receipt by the System of the | 11 |
| contributions required under this subsection (p).
| 12 |
| (q) 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, an | 15 |
| employee who was laid off but returned to State employment | 16 |
| under circumstances in which the employee is considered to have | 17 |
| been in continuous service for purposes of determining | 18 |
| seniority may establish creditable service for the period of | 19 |
| the layoff, provided that (1) the applicant applies for the | 20 |
| creditable service under this subsection (q) within 6 months | 21 |
| after the effective date of this amendatory Act of the 94th | 22 |
| General Assembly, (2) the applicant does not receive credit for | 23 |
| that period under any other provision of this Code, (3) at the | 24 |
| time of the layoff, the applicant is not in an initial | 25 |
| probationary status consistent with the rules of the Department | 26 |
| of Central Management Services, and (4) the total amount of |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| creditable service established by the applicant under this | 2 |
| subsection (q) does not exceed 3 years. For service established | 3 |
| under this subsection (q), the required employee contribution | 4 |
| shall be based on the rate of compensation earned by the | 5 |
| employee on the date of returning to employment after the | 6 |
| layoff and the contribution rate then in effect, and the | 7 |
| required interest shall be calculated from the date of | 8 |
| returning to employment after the layoff to the date of | 9 |
| payment.
| 10 |
| (r) A member who participated in the University of Illinois | 11 |
| Government Public Service Internship Program (GPSI) may | 12 |
| establish creditable service for up to 2 years
of that | 13 |
| participation by making the contribution required under this | 14 |
| Section, plus an amount determined by the Board to be equal to | 15 |
| the employer's normal cost of the benefit plus interest.
The | 16 |
| System shall determine a full-time salary equivalent for the | 17 |
| purpose of
calculating the required contribution. Credit may | 18 |
| not be established under
this subsection for any period for | 19 |
| which service credit is established under
any other provision | 20 |
| of this Code. | 21 |
| (s)
A member who worked as a nurse under a contractual | 22 |
| agreement for the Department of Public Aid, or its successor | 23 |
| agency, the Department of Human Services, in the Client | 24 |
| Assessment Unit and was subsequently determined to be a State | 25 |
| employee by the United States Internal Revenue Service and the | 26 |
| Illinois Labor Relations Board may establish creditable |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| service for those contractual services by making the | 2 |
| contributions required under this Section. To establish credit | 3 |
| under this subsection, the applicant must apply to the System | 4 |
| by July 1, 2008. | 5 |
| The Department of Human Services shall pay an employer | 6 |
| contribution based upon an amount determined by the Board to be | 7 |
| equal to the employer's normal cost of the benefit, plus | 8 |
| interest. | 9 |
| In compliance with Section 14-152.1 added by Public Act | 10 |
| 94-4, the cost of the benefits provided by Public Act 95-583
| 11 |
| are offset by the required employee and employer contributions.
| 12 |
| (t) Any person who rendered contractual services on a | 13 |
| full-time basis to the Illinois Institute of Natural Resources | 14 |
| and the Illinois Department of Energy and Natural Resources may | 15 |
| establish creditable service for up to 4 years of those | 16 |
| contractual services by making the contributions required | 17 |
| under this Section, plus an amount determined by the Board to | 18 |
| be equal to the employer's normal cost of the benefit plus | 19 |
| interest at the actuarially assumed rate from the first day of | 20 |
| the service for which credit is being established to the date | 21 |
| of payment. To establish credit under this subsection (t), the | 22 |
| applicant must apply to the System within 6 months after August | 23 |
| 28, 2009 ( the effective date of Public Act 96-775)
this | 24 |
| amendatory Act of the 96th General Assembly . | 25 |
| (u)
(t) A member may establish creditable service and | 26 |
| earnings credit for a period of voluntary or involuntary |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| furlough, not exceeding 5 days, beginning on or after July 1, | 2 |
| 2008 and ending on or before June 30, 2009, that is utilized as | 3 |
| a means of addressing a State fiscal emergency. To receive this | 4 |
| credit, the member must apply in writing to the System before | 5 |
| July 1, 2012, and make contributions required under this | 6 |
| Section, plus an amount determined by the Board to be equal to | 7 |
| the employer's normal cost of the benefit, plus interest at the | 8 |
| actuarially assumed rate. | 9 |
| A member may establish creditable service and earnings | 10 |
| credit for a period of voluntary or involuntary furlough, not | 11 |
| exceeding 24 days, beginning on or after July 1, 2009 and | 12 |
| ending on or before June 30, 2011, that is utilized as a means | 13 |
| of addressing a State fiscal emergency. To receive this credit, | 14 |
| the member must, before December 31, 2011, (i) apply in writing | 15 |
| to the System and (ii) make the contributions required under | 16 |
| this Section, plus an amount determined by the Board to be | 17 |
| equal to the employer's normal cost of the benefit, plus | 18 |
| interest at the actuarially assumed rate. | 19 |
| (v)
(t) Any member who rendered full-time contractual | 20 |
| services to an Illinois Veterans Home operated by the | 21 |
| Department of Veterans' Affairs may establish service credit | 22 |
| for up
to 8 years of such services by making the contributions | 23 |
| required under this
Section, plus an amount determined by the | 24 |
| Board to be equal to the employer's normal cost of the benefit, | 25 |
| plus interest at the actuarially assumed rate. To establish | 26 |
| credit under this subsection, the applicant must
apply to the |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| System no later than 6 months after July 27, 2009 ( the | 2 |
| effective date of Public Act 96-97)
this amendatory Act of the | 3 |
| 96th General Assembly . | 4 |
| (Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; | 5 |
| 95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff. | 6 |
| 7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised | 7 |
| 9-9-09.)
| 8 |
| (40 ILCS 5/15-113.11 new) | 9 |
| Sec. 15-113.11. Service for periods of voluntary or | 10 |
| involuntary furlough. A participant may establish creditable | 11 |
| service and earnings credit for periods of furlough beginning | 12 |
| on or after July 1, 2009 and ending on or before June 30, 2011. | 13 |
| To receive this credit, the participant must (i) apply in | 14 |
| writing to the System before December 31, 2011; (ii) not | 15 |
| receive compensation from an employer for any furlough period; | 16 |
| and (iii) make employee contributions required under Section | 17 |
| 15-157 based on the rate of basic compensation during the | 18 |
| periods of furlough, plus an amount determined by the Board to | 19 |
| be equal to the employer's normal cost of the benefit, plus | 20 |
| compounded interest at the actuarially assumed rate from the | 21 |
| date of voluntary or involuntary furlough to the date of | 22 |
| payment. The participant shall provide, at the time of | 23 |
| application, written certification from the employer providing | 24 |
| the total number of furlough days a participant has been | 25 |
| required to take. |
|
|
|
HB4644 Enrolled |
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LRB096 14771 AMC 29624 b |
|
| 1 |
| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.34 as follows: | 3 |
| (30 ILCS 805/8.34 new) | 4 |
| Sec. 8.34. 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.
|
|