State of Illinois
2011 and 2012


Introduced 2/1/2012, by Rep. John D. Cavaletto


40 ILCS 5/14-103.10  from Ch. 108 1/2, par. 14-103.10

    Amends the State Employee Article of the Illinois Pension Code. Provides that, for service on or after July 1, 2012, "compensation" does not include any overtime pay payable to an employee for personal services performed in excess of the full normal working period for his or her position. Effective immediately.

LRB097 17192 EFG 62392 b






HB4658LRB097 17192 EFG 62392 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Section 14-103.10 as follows:
6    (40 ILCS 5/14-103.10)  (from Ch. 108 1/2, par. 14-103.10)
7    Sec. 14-103.10. Compensation.
8    (a) For periods of service prior to January 1, 1978, the
9full rate of salary or wages payable to an employee for
10personal services performed if he worked the full normal
11working period for his position, subject to the following
12maximum amounts: (1) prior to July 1, 1951, $400 per month or
13$4,800 per year; (2) between July 1, 1951 and June 30, 1957
14inclusive, $625 per month or $7,500 per year; (3) beginning
15July 1, 1957, no limitation.
16    In the case of service of an employee in a position
17involving part-time employment, compensation shall be
18determined according to the employees' earnings record.
19    (b) For periods of service on and after January 1, 1978,
20all remuneration for personal services performed defined as
21"wages" under the Social Security Enabling Act, including that
22part of such remuneration which is in excess of any maximum
23limitation provided in such Act, and including any benefits



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1received by an employee under a sick pay plan in effect before
2January 1, 1981, but excluding lump sum salary payments:
3        (1) for vacation,
4        (2) for accumulated unused sick leave,
5        (3) upon discharge or dismissal,
6        (4) for approved holidays.
7    (c) For periods of service on or after December 16, 1978,
8compensation also includes any benefits, other than lump sum
9salary payments made at termination of employment, which an
10employee receives or is eligible to receive under a sick pay
11plan authorized by law.
12    (d) For periods of service after September 30, 1985,
13compensation also includes any remuneration for personal
14services not included as "wages" under the Social Security
15Enabling Act, which is deducted for purposes of participation
16in a program established pursuant to Section 125 of the
17Internal Revenue Code or its successor laws.
18    (e) For members for which Section 1-160 applies for periods
19of service on and after January 1, 2011, all remuneration for
20personal services performed defined as "wages" under the Social
21Security Enabling Act, excluding remuneration that is in excess
22of the annual earnings, salary, or wages of a member or
23participant, as provided in subsection (b-5) of Section 1-160,
24but including any benefits received by an employee under a sick
25pay plan in effect before January 1, 1981. Compensation shall
26exclude lump sum salary payments:



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1        (1) for vacation;
2        (2) for accumulated unused sick leave;
3        (3) upon discharge or dismissal; and
4        (4) for approved holidays.
5    (f) Notwithstanding the other provisions of this Section,
6for service on or after July 1, 2012, "compensation" does not
7include any overtime pay payable to an employee for personal
8services performed in excess of the full normal working period
9for his or her position.
10(Source: P.A. 96-1490, eff. 1-1-11.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.