Full Text of HB3815 97th General Assembly
HB3815 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3815 Introduced 10/5/2011, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/8-226 | from Ch. 108 1/2, par. 8-226 |
40 ILCS 5/11-215 | from Ch. 108 1/2, par. 11-215 |
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Amends the Chicago Municipal and Chicago Laborers Articles of the Illinois Pension Code. Provides, in both affected Articles, that a leave of absence without pay during employment with a local labor organization is not to be included in computing the term of service of a person who first becomes a participant on or after the effective date of the amendatory Act. Effective January 1, 2012.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 8-226 and 11-215 as follows:
| 6 | | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| 7 | | Sec. 8-226. Computation of service.
In computing the term | 8 | | of service of an employee prior to the effective
date, the | 9 | | entire period beginning on the date he was first appointed and
| 10 | | ending on the day before the effective date, except any | 11 | | intervening period
during which he was separated by withdrawal | 12 | | from service, shall be counted
for all purposes of this | 13 | | Article, except that for any employee who was not
in service on | 14 | | the day before the effective date, service rendered prior to
| 15 | | such date shall not be considered for the purposes of Section | 16 | | 8-138.
| 17 | | For a person employed by an employer for whom this Article | 18 | | was in effect
prior to January 1, 1950, from whose salary | 19 | | deductions are first made under
this Article after December 31, | 20 | | 1949, any period of service rendered prior
to the effective | 21 | | date, unless he was in service on the day before the
effective | 22 | | date, shall not be counted as service.
| 23 | | The time a person was an employee of any territory annexed |
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| 1 | | to the city
prior to the effective date shall be counted as a | 2 | | period of service.
| 3 | | In computing the term of service of any employee subsequent | 4 | | to the day
before the effective date, the following periods | 5 | | shall be counted as
periods of service for age and service, | 6 | | widow's and child's annuity
purposes:
| 7 | | (a) The time during which he performed the duties of | 8 | | his position;
| 9 | | (b) Vacations, leaves of absence with whole or part | 10 | | pay, and leaves of
absence without pay not longer than 90 | 11 | | days;
| 12 | | (c) Leaves of absence without pay during which a | 13 | | participant is
employed full-time by a local labor | 14 | | organization that represents municipal employees,
provided | 15 | | that (1) the participant continues to make employee | 16 | | contributions
to the Fund as though he were an active | 17 | | employee, based on the regular
salary rate received by the | 18 | | participant
for his municipal employment immediately prior | 19 | | to such leave of absence
(and in the case of such | 20 | | employment prior to December 9, 1987, pays
to the Fund an | 21 | | amount equal
to the employee contributions for such | 22 | | employment plus regular interest
thereon as calculated by | 23 | | the board),
and based on his current salary with such labor | 24 | | organization after the
effective date of this amendatory | 25 | | Act of 1991,
(2) after January 1, 1989 the participant, or | 26 | | the labor organization on the
participant's behalf, makes |
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| 1 | | contributions to the Fund as though it were the
employer, | 2 | | in the same amount and same manner as specified under this
| 3 | | Article, based on the regular salary rate received by the | 4 | | participant for
his municipal employment immediately prior | 5 | | to such leave of absence, and
based on his current salary | 6 | | with such labor organization after the effective
date of | 7 | | this amendatory Act of 1991, and (3) the participant does | 8 | | not receive
credit in any pension plan established by the | 9 | | local labor organization based on
his employment by the | 10 | | organization , and (4) the participant first became a | 11 | | participant before the effective date of this amendatory | 12 | | Act of the 97th General Assembly ;
| 13 | | (d) Any period of disability for which he received (i) | 14 | | a disability
benefit under this Article, or (ii) a | 15 | | temporary total disability benefit
under the Workers' | 16 | | Compensation Act if the disability results from a
condition | 17 | | commonly termed heart attack or stroke or any other | 18 | | condition
falling within the broad field of coronary | 19 | | involvement or heart disease,
or (iii) whole or part pay;
| 20 | | (e) Any period for which contributions and service | 21 | | credit have been
transferred to this Fund under subsection | 22 | | (d) of Section 9-121.1 or
subsection (d) of Section | 23 | | 12-127.1 of this Code.
| 24 | | For a person employed by an employer in which the 1921 Act | 25 | | was in effect
prior to January 1, 1950, from whose salary | 26 | | deductions are first made under
the 1921 Act or this Article |
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| 1 | | after December 31, 1949, any period of service
rendered | 2 | | subsequent to the effective date and prior to the date he | 3 | | became
an employee and contributor, shall not be counted as a | 4 | | period of service
under this Article,
except such period for | 5 | | which he made payment as
provided in Section 8-230 of this | 6 | | Article, in which case such period shall
be counted as a period | 7 | | of service for all annuity purposes hereunder.
| 8 | | In computing the term of service of an employee subsequent | 9 | | to the day
before the effective date for ordinary disability | 10 | | benefit purposes, all
periods described in the preceding | 11 | | paragraph, except any such period for
which he receives | 12 | | ordinary disability benefit, shall be counted as periods
of | 13 | | service; provided, that for any person employed by an employer | 14 | | in which
this Article was in effect prior to January 1, 1950, | 15 | | from whose salary
deductions are first made under this Article | 16 | | after December 31, 1949, any
period of service rendered | 17 | | subsequent to the effective date and prior to
the date he | 18 | | became an employee and contributor, shall not be counted as a
| 19 | | period of service for ordinary disability benefit purposes, | 20 | | unless the person
made payment for the period as provided in | 21 | | Section 8-230 of this Article, in
which case the period shall | 22 | | be counted as a period of service for ordinary
disability | 23 | | purposes for periods of disability on or after the effective | 24 | | date of
this amendatory Act of 1997.
| 25 | | Overtime or extra service shall not be included in | 26 | | computing any term of
service. Not more than 1 year of service |
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| 1 | | shall be allowed for service
rendered during any calendar year.
| 2 | | (Source: P.A. 90-511, eff. 8-22-97.)
| 3 | | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| 4 | | Sec. 11-215. Computation of service.
| 5 | | (a) In computing the term of service of an employee prior | 6 | | to the effective
date, the entire period beginning on the date | 7 | | he was first appointed and ending
on the day before the | 8 | | effective date, except any intervening period during
which he | 9 | | was separated by withdrawal from service, shall be counted for | 10 | | all
purposes of this Article. Only the first year of each | 11 | | period of lay-off or
leave of absence without pay, continuing | 12 | | or extending for a period in excess
of one year, shall be | 13 | | counted as such service.
| 14 | | (b) For a person employed by an employer for whom this | 15 | | Article was in effect
prior to August 1, 1949, from whose | 16 | | salary deductions are first made under
this Article after July | 17 | | 31, 1949, any period of service rendered prior to
the effective | 18 | | date, unless he was in service on the day before the
effective | 19 | | date, shall not be counted as service.
| 20 | | (c) In computing the term of service of an employee | 21 | | subsequent to the day
before the effective date, the following | 22 | | periods of time shall be counted
as periods of service for | 23 | | annuity purposes:
| 24 | | (1) the time during which he performed the duties of | 25 | | his position;
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| 1 | | (2) leaves of absence with whole or part pay, and | 2 | | leaves of absence
without pay not longer than 90 days;
| 3 | | (3) leaves of absence without pay during which a | 4 | | participant is
employed full-time by a local labor | 5 | | organization that represents municipal
employees, provided | 6 | | that (A) the participant continues to make employee
| 7 | | contributions to the Fund as though he were an active | 8 | | employee, based
on the regular salary rate received by the
| 9 | | participant for his municipal employment immediately prior | 10 | | to such leave of
absence (and in the case of such | 11 | | employment prior to December 9, 1987,
pays to the Fund an | 12 | | amount equal to the employee contributions for such
| 13 | | employment plus regular interest thereon as calculated by | 14 | | the board), and
based on his current salary with such labor | 15 | | organization after the
effective date of this amendatory | 16 | | Act of 1991, (B) after January 1, 1989
the participant, or | 17 | | the labor organization on the participant's behalf,
makes | 18 | | contributions to the Fund as though it were the employer, | 19 | | in the same
amount and same manner as specified under this | 20 | | Article, based on the
regular salary rate received by the | 21 | | participant for his municipal
employment immediately prior | 22 | | to such leave of absence, and
based on his current salary | 23 | | with such labor organization after the
effective date of | 24 | | this amendatory Act of 1991, and (C)
the participant does
| 25 | | not receive credit in any pension plan established by the | 26 | | local labor
organization based on his employment by the |
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| 1 | | organization , and (D) the participant first became a | 2 | | participant before the effective date of this amendatory | 3 | | Act of the 97th General Assembly ;
| 4 | | (4) any period of disability for which he received (i) | 5 | | a disability
benefit under this Article, or (ii) a | 6 | | temporary total disability benefit
under the Workers' | 7 | | Compensation Act if the disability results from a
condition | 8 | | commonly termed heart attack or stroke or any other | 9 | | condition
falling within the broad field of coronary | 10 | | involvement or heart disease,
or (iii) whole or part pay.
| 11 | | (d) For a person employed by an employer, or the retirement | 12 | | board, in which
"The 1935 Act" was in effect prior to August 1, | 13 | | 1949, from whose salary
deductions are first made under "The | 14 | | 1935 Act" or this Article after July
31, 1949, any period of | 15 | | service rendered subsequent to the effective date
and prior to | 16 | | August 1, 1949, shall not be counted as a period of service
| 17 | | under this Article, except such period for which he made | 18 | | payment, as
provided in Section 11-221 of this Article, in | 19 | | which case such period
shall be counted as a period of service | 20 | | for all annuity purposes hereunder.
| 21 | | (e) In computing the term of service of an employee | 22 | | subsequent to the day
before the effective date for ordinary | 23 | | disability benefit purposes, the
following periods of time | 24 | | shall be counted as periods of service:
| 25 | | (1) any period during which he performed the duties of | 26 | | his position;
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| 1 | | (2) leaves of absence with whole or part pay;
| 2 | | (3) any period of disability for which he received (i)
| 3 | | a duty disability benefit under this Article, or (ii) a | 4 | | temporary total
disability benefit under the Workers' | 5 | | Compensation Act if the disability
results from a condition | 6 | | commonly termed heart attack or stroke or any
other | 7 | | condition falling within the broad field of coronary | 8 | | involvement or
heart disease, or (iii) whole or part pay.
| 9 | | However, any period of service rendered by an employee | 10 | | contributor prior to
the date he became a contributor to the | 11 | | fund shall not be counted as a
period of service for ordinary | 12 | | disability purposes, unless the person
made payment for the | 13 | | period as provided in Section 11-221 of this Article, in
which | 14 | | case the period shall be counted as a period of service for | 15 | | ordinary
disability purposes for periods of disability on or | 16 | | after the effective date of
this amendatory Act of 1997.
| 17 | | Overtime or extra service shall not be included in | 18 | | computing any term of
service. Not more than 1 year of service | 19 | | shall be allowed for service
rendered during any calendar year.
| 20 | | (Source: P.A. 90-511, eff. 8-22-97.)
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2012.
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