Full Text of SB3357 97th General Assembly
SB3357sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 2/17/2012
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| 1 | | AMENDMENT TO SENATE BILL 3357
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3357 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 1-160, 3-106, 3-124.1, 4-106, 4-117, and | 6 | | 7-144 and by adding Sections 3-124.3, 4-117.2, and 7-144.1 as | 7 | | follows: | 8 | | (40 ILCS 5/1-160) | 9 | | Sec. 1-160. Provisions applicable to new hires. | 10 | | (a) The provisions of this Section apply to a person who, | 11 | | on or after January 1, 2011, first becomes a member or a | 12 | | participant under any reciprocal retirement system or pension | 13 | | fund established under this Code, other than a retirement | 14 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 15 | | or 18 of this Code, notwithstanding any other provision of this | 16 | | Code to the contrary, but do not apply to any self-managed plan |
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| 1 | | established under this Code, to any person with respect to | 2 | | service as a sheriff's law enforcement employee under Article | 3 | | 7, or to any participant of the retirement plan established | 4 | | under Section 22-101. | 5 | | (b) "Final average salary" means the average monthly (or | 6 | | annual) salary obtained by dividing the total salary or | 7 | | earnings calculated under the Article applicable to the member | 8 | | or participant during the 96 consecutive months (or 8 | 9 | | consecutive years) of service within the last 120 months (or 10 | 10 | | years) of service in which the total salary or earnings | 11 | | calculated under the applicable Article was the highest by the | 12 | | number of months (or years) of service in that period. For the | 13 | | purposes of a person who first becomes a member or participant | 14 | | of any retirement system or pension fund to which this Section | 15 | | applies on or after January 1, 2011, in this Code, "final | 16 | | average salary" shall be substituted for the following: | 17 | | (1) In Articles 7 (except for service as sheriff's law | 18 | | enforcement employees) and 15, "final rate of earnings". | 19 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 20 | | annual salary for any 4 consecutive years within the last | 21 | | 10 years of service immediately preceding the date of | 22 | | withdrawal". | 23 | | (3) In Article 13, "average final salary". | 24 | | (4) In Article 14, "final average compensation". | 25 | | (5) In Article 17, "average salary". | 26 | | (6) In Section 22-207, "wages or salary received by him |
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| 1 | | at the date of retirement or discharge". | 2 | | (b-5) Beginning on January 1, 2011, for all purposes under | 3 | | this Code (including without limitation the calculation of | 4 | | benefits and employee contributions), the annual earnings, | 5 | | salary, or wages (based on the plan year) of a member or | 6 | | participant to whom this Section applies shall not exceed | 7 | | $106,800; however, that amount shall annually thereafter be | 8 | | increased by the lesser of (i) 3% of that amount, including all | 9 | | previous adjustments, or (ii) one-half the annual unadjusted | 10 | | percentage increase (but not less than zero) in the consumer | 11 | | price index-u
for the 12 months ending with the September | 12 | | preceding each November 1, including all previous adjustments. | 13 | | For the purposes of this Section, "consumer price index-u" | 14 | | means
the index published by the Bureau of Labor Statistics of | 15 | | the United States
Department of Labor that measures the average | 16 | | change in prices of goods and
services purchased by all urban | 17 | | consumers, United States city average, all
items, 1982-84 = | 18 | | 100. The new amount resulting from each annual adjustment
shall | 19 | | be determined by the Public Pension Division of the Department | 20 | | of Insurance and made available to the boards of the retirement | 21 | | systems and pension funds by November 1 of each year. | 22 | | (c) A member or participant is entitled to a retirement
| 23 | | annuity upon written application if he or she has attained age | 24 | | 67 and has at least 10 years of service credit and is otherwise | 25 | | eligible under the requirements of the applicable Article. | 26 | | A member or participant who has attained age 62 and has at |
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| 1 | | least 10 years of service credit and is otherwise eligible | 2 | | under the requirements of the applicable Article may elect to | 3 | | receive the lower retirement annuity provided
in subsection (d) | 4 | | of this Section. | 5 | | (d) The retirement annuity of a member or participant who | 6 | | is retiring after attaining age 62 with at least 10 years of | 7 | | service credit shall be reduced by one-half
of 1% for each full | 8 | | month that the member's age is under age 67. | 9 | | (e) Any retirement annuity or supplemental annuity shall be | 10 | | subject to annual increases on the January 1 occurring either | 11 | | on or after the attainment of age 67 or the first anniversary | 12 | | of the annuity start date, whichever is later. Each annual | 13 | | increase shall be calculated at 3% or one-half the annual | 14 | | unadjusted percentage increase (but not less than zero) in the | 15 | | consumer price index-u for the 12 months ending with the | 16 | | September preceding each November 1, whichever is less, of the | 17 | | originally granted retirement annuity. If the annual | 18 | | unadjusted percentage change in the consumer price index-u for | 19 | | the 12 months ending with the September preceding each November | 20 | | 1 is zero or there is a decrease, then the annuity shall not be | 21 | | increased. | 22 | | (f) The initial survivor's or widow's annuity of an | 23 | | otherwise eligible survivor or widow of a retired member or | 24 | | participant who first became a member or participant on or | 25 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 26 | | retired member's or participant's retirement annuity at the |
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| 1 | | date of death. In the case of the death of a member or | 2 | | participant who has not retired and who first became a member | 3 | | or participant on or after January 1, 2011, eligibility for a | 4 | | survivor's or widow's annuity shall be determined by the | 5 | | applicable Article of this Code. The initial benefit shall be | 6 | | 66 2/3% of the earned annuity without a reduction due to age. A | 7 | | child's annuity of an otherwise eligible child shall be in the | 8 | | amount prescribed under each Article if applicable. Any | 9 | | survivor's or widow's annuity shall be increased (1) on each | 10 | | January 1 occurring on or after the commencement of the annuity | 11 | | if
the deceased member died while receiving a retirement | 12 | | annuity or (2) in
other cases, on each January 1 occurring | 13 | | after the first anniversary
of the commencement of the annuity. | 14 | | Each annual increase shall be calculated at 3% or one-half the | 15 | | annual unadjusted percentage increase (but not less than zero) | 16 | | in the consumer price index-u for the 12 months ending with the | 17 | | September preceding each November 1, whichever is less, of the | 18 | | originally granted survivor's annuity. If the annual | 19 | | unadjusted percentage change in the consumer price index-u for | 20 | | the 12 months ending with the September preceding each November | 21 | | 1 is zero or there is a decrease, then the annuity shall not be | 22 | | increased. | 23 | | (g) The benefits in Section 14-110 apply only if the person | 24 | | is a State policeman, a fire fighter in the fire protection | 25 | | service of a department, or a security employee of the | 26 | | Department of Corrections or the Department of Juvenile |
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| 1 | | Justice, as those terms are defined in subsection (b) of | 2 | | Section 14-110. A person who meets the requirements of this | 3 | | Section is entitled to an annuity calculated under the | 4 | | provisions of Section 14-110, in lieu of the regular or minimum | 5 | | retirement annuity, only if the person has withdrawn from | 6 | | service with not less than 20
years of eligible creditable | 7 | | service and has attained age 60, regardless of whether
the | 8 | | attainment of age 60 occurs while the person is
still in | 9 | | service. | 10 | | (h) If a person who first becomes a member or a participant | 11 | | of a retirement system or pension fund subject to this Section | 12 | | on or after January 1, 2011 is receiving a retirement annuity | 13 | | or retirement pension under that system or fund and becomes a | 14 | | member or participant under any other system or fund created by | 15 | | this Code and is employed on a full-time basis, except for | 16 | | those members or participants exempted from the provisions of | 17 | | this Section under subsection (a) of this Section, then the | 18 | | person's retirement annuity or retirement pension under that | 19 | | system or fund shall be suspended during that employment. Upon | 20 | | termination of that employment, the person's retirement | 21 | | annuity or retirement pension payments shall resume and be | 22 | | recalculated if recalculation is provided for under the | 23 | | applicable Article of this Code. | 24 | | If a person who first becomes a member of a retirement | 25 | | system or pension fund subject to this Section on or after | 26 | | January 1, 2012 and is receiving a retirement annuity or |
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| 1 | | retirement pension under that system or fund and accepts on a | 2 | | contractual basis a position to provide services to a | 3 | | governmental entity from which he or she has retired, then that | 4 | | person's annuity or retirement pension earned as an active | 5 | | employee of the employer shall be suspended during that | 6 | | contractual service. A person receiving an annuity or | 7 | | retirement pension under this Code shall notify the pension | 8 | | fund or retirement system from which he or she is receiving an | 9 | | annuity or retirement pension, as well as his or her | 10 | | contractual employer, of his or her retirement status before | 11 | | accepting contractual employment. A person who fails to submit | 12 | | such notification shall be guilty of a Class A misdemeanor and | 13 | | required to pay a fine of $1,000. Upon termination of that | 14 | | contractual employment, the person's retirement annuity or | 15 | | retirement pension payments shall resume and, if appropriate, | 16 | | be recalculated under the applicable provisions of this Code. | 17 | | This subsection (h) shall not affect any person receiving a | 18 | | retirement annuity under the fund created by Article 7 of this | 19 | | Code who accepts a position described in Section 7-144.1 of | 20 | | this Code. | 21 | | (i) Notwithstanding any other provision of this Section, a | 22 | | person who first becomes a participant of the retirement system | 23 | | established under Article 15 on or after January 1, 2011 shall | 24 | | have the option to enroll in the self-managed plan created | 25 | | under Section 15-158.2 of this Code. | 26 | | (j) In the case of a conflict between the provisions of |
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| 1 | | this Section and any other provision of this Code, the | 2 | | provisions of this Section shall control.
| 3 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11; | 4 | | 97-609, eff. 1-1-12.)
| 5 | | (40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106)
| 6 | | Sec. 3-106. Police officer, officer. "Police officer" or | 7 | | "officer":
Any person who (1) is appointed to the police force | 8 | | of a police department
and sworn and commissioned to perform | 9 | | police duties; and (2) within 3 months
after receiving his or | 10 | | her first
appointment and, if reappointed, within 3 months | 11 | | thereafter, or as
otherwise provided in Section 3-109, makes | 12 | | written application to the board
to come under the provisions | 13 | | of this Article.
| 14 | | Police officers serving initial probationary periods, if | 15 | | otherwise eligible,
shall be police officers within the meaning | 16 | | of this Section.
| 17 | | Any person employed as the chief of police, deputy chief of | 18 | | police, superintendent of a police department or deputy | 19 | | superintendent of a police department shall be a police officer | 20 | | within the meaning of this Section. | 21 | | | 22 | | (Source: P.A. 89-52, eff. 6-30-95.)
| 23 | | (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
| 24 | | Sec. 3-124.1. Re-entry into active service. If a police |
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| 1 | | officer who is
receiving
pension payments other than as | 2 | | provided in Section 3-109.3 or Section 3-124.3 re-enters active
| 3 | | service, pension payment shall be suspended
while he or she is | 4 | | in service. When he or she again retires, pension payments
| 5 | | shall be resumed. If the police officer remains in service | 6 | | after re-entry
for a period of less than 5 years, the pension | 7 | | shall be the same as upon
first retirement. If the officer's | 8 | | service after re-entry is at least 5
years and the officer | 9 | | makes the required contributions during the period
of re-entry, | 10 | | his or her pension shall be recomputed by taking into account
| 11 | | the additional period of service and salary.
| 12 | | (Source: P.A. 91-939, eff. 2-1-01.)
| 13 | | (40 ILCS 5/3-124.3 new) | 14 | | Sec. 3-124.3. Pension payments during contractual return | 15 | | to active service. | 16 | | (a) Notwithstanding any other provisions of this Code, if a | 17 | | police officer receiving pension payments accepts on a | 18 | | contractual basis a position to provide services to a | 19 | | municipality from which he or she has retired, then that police | 20 | | officer shall continue to receive the pension payments earned | 21 | | during active service, provided: | 22 | | (1) he or she is at least age 55 and has at least 30 | 23 | | years of service; | 24 | | (2) his or her annual salary during the period of | 25 | | contractual service is not more than 50% of his or her |
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| 1 | | salary from the last 12 months preceding retirement; and | 2 | | (3) his or her salary did not increase by more than 10% | 3 | | per year during the 2 years preceding retirement. | 4 | | (b) The municipality shall pay to the pension fund an | 5 | | amount equal to 14% of the annual salary of the police officer | 6 | | during each calendar year, or portion thereof, that he or she | 7 | | is performing contractual service as described in subsection | 8 | | (a). | 9 | | (c) Except as set forth in subsection (b) of this Section, | 10 | | no employer contribution shall be required from a municipality | 11 | | for any police officer providing contractual service as | 12 | | described in subsection (a) of this Section. No contribution | 13 | | shall be required pursuant to Section 3-125.1 from any police | 14 | | officer performing contractual service as described in | 15 | | subsection (a) of this Section. | 16 | | (d) The period of contractual service described in | 17 | | subsection (a) of this Section shall not provide a basis for | 18 | | the recomputation of the police officer's pension.
| 19 | | (40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)
| 20 | | Sec. 4-106. Firefighter, firefighters. "Firefighter, | 21 | | firefighters":
| 22 | | (a) In municipalities which have adopted Division 1 of | 23 | | Article 10 of the
Illinois Municipal Code, any person employed | 24 | | in the municipality's fire service
as a firefighter, fire | 25 | | engineer, marine engineer, fire pilot, bomb technician
or scuba |
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| 1 | | diver; and in any of these positions where such person's duties | 2 | | also
include those of a firefighter as classified by the Civil | 3 | | Service Commission of
that city, and whose duty is to | 4 | | participate in the work of controlling and
extinguishing fires | 5 | | at the location of any such fires.
| 6 | | (b) In municipalities which are subject to Division 2.1 of | 7 | | Article 10 of the
Illinois Municipal Code, any person employed | 8 | | by a city in its fire service as a
firefighter, fire engineer, | 9 | | marine engineer, fire pilot, bomb technician, or
scuba diver; | 10 | | and, in any of these positions whose duties also include those | 11 | | of
a firefighter and are certified in the same manner as a | 12 | | firefighter in that
city.
| 13 | | (c) In municipalities which are subject to neither Division | 14 | | 1 nor Division
2.1 of Article 10 of the Illinois Municipal | 15 | | Code, any person who would have
been included as a firefighter | 16 | | under sub-paragraph (a) or (b) above except that
he served as a | 17 | | de facto and not as a de jure firefighter.
| 18 | | (d) Notwithstanding the other provisions of this Section, | 19 | | "firefighter"
does not include any person who is actively | 20 | | participating in the State
Universities Retirement System | 21 | | under subsection (h) of Section 15-107 with
respect to the | 22 | | employment for which he or she is a participating employee in
| 23 | | that System.
| 24 | | (e) This amendatory Act of 1977 does not affect persons | 25 | | covered
by this Article prior to September 22, 1977.
| 26 | | (f) Any person employed by a municipality as the chief, |
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| 1 | | deputy chief, superintendent, deputy superintendent, fire | 2 | | marshal or assistant fire marshal of the fire department shall | 3 | | be a firefighter within the meaning of this Section. | 4 | | (Source: P.A. 90-576, eff. 3-31-98.)
| 5 | | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
| 6 | | Sec. 4-117. Reentry into active service. | 7 | | (a) Except as set forth in Section 4-117.2, if If a | 8 | | firefighter receiving
pension payments
reenters active | 9 | | service, pension payments shall be suspended while he
or she is | 10 | | in service. If the firefighter again retires or is discharged,
| 11 | | his or her monthly pension shall be resumed in the same amount | 12 | | as was paid
upon first retirement or discharge
unless he or she | 13 | | remained in active service 3 or more years after re-entry
in | 14 | | which case the monthly pension shall be based on the salary | 15 | | attached
to the firefighter's rank at the date of last | 16 | | retirement.
| 17 | | (b) If a deferred pensioner re-enters active service, and | 18 | | again retires
or is discharged from the fire service, his or | 19 | | her pension shall be based
on the salary attached to the rank | 20 | | held in the fire service at the date
of earlier retirement, | 21 | | unless the firefighter remains in active service
for 3 or more | 22 | | years after re-entry, in which case the monthly pension shall
| 23 | | be based on the salary attached to the firefighter's rank at | 24 | | the date of
last retirement.
| 25 | | (c) If a pensioner or deferred pensioner re-enters or is |
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| 1 | | recalled
to active service and
is thereafter injured, and the | 2 | | injury
is not related to an injury for which he or she was | 3 | | previously receiving
a disability pension,
the 3 year service | 4 | | requirement shall not apply in order
for the firefighter to | 5 | | qualify for the increased pension based on
the rate of pay at | 6 | | the time of the
new injury.
| 7 | | (Source: P.A. 83-1440.)
| 8 | | (40 ILCS 5/4-117.2 new) | 9 | | Sec. 4-117.2. Pension payments during contractual return | 10 | | to active service. | 11 | | (a) Notwithstanding any other provisions of this Code, if a | 12 | | firefighter receiving pension payments accepts on a | 13 | | contractual basis a position to provide services to a | 14 | | municipality from which he or she has retired, then that | 15 | | firefighter shall continue to receive the pension payments | 16 | | earned during active service, provided: | 17 | | (1) he or she is at least age 55 and has at least 30 | 18 | | years of service; | 19 | | (2) his or her annual salary during the period of | 20 | | contractual service is not more than 50% of his or her | 21 | | salary from the last 12 months preceding retirement; and | 22 | | (3) his or her salary did not increase by more than 10% | 23 | | per year during the 2 years preceding retirement. | 24 | | (b) The municipality shall pay to the pension fund an | 25 | | amount equal to 14% of the annual salary of the firefighter |
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| 1 | | during each calendar year, or portion thereof, that he or she | 2 | | is performing contractual service as described in subsection | 3 | | (a). | 4 | | (c) Except as set forth in subsection (b) of this Section, | 5 | | no employer contribution shall be required from a municipality | 6 | | for any firefighter providing contractual service as described | 7 | | in subsection (a) of this Section. No contribution shall be | 8 | | required pursuant to Section 4-118.1 from any firefighter | 9 | | performing contractual service as described in subsection (a) | 10 | | of this Section | 11 | | (d) The period of contractual service described in | 12 | | subsection (a) of this Section shall not provide a basis for | 13 | | the recomputation of the firefighter's pension.
| 14 | | (40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
| 15 | | Sec. 7-144. Retirement annuities-Suspended during | 16 | | employment.
| 17 | | (a) Except as set forth in Section 7-144.1, if If any | 18 | | person
receiving any annuity again becomes an employee
and | 19 | | receives earnings from employment in a position requiring him, | 20 | | or entitling him to elect, to
become a participating employee, | 21 | | then the annuity payable to such employee
shall be suspended as | 22 | | of the 1st day of the month coincidental with or
next following | 23 | | the date upon which such person becomes such an employee.
Upon | 24 | | proper qualification of the participating employee payment of | 25 | | such
annuity may be resumed on the 1st day of the month |
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| 1 | | following such
qualification and upon proper application | 2 | | therefor. The participating
employee in such case shall be | 3 | | entitled to a supplemental annuity
arising from service and | 4 | | credits earned subsequent to such re-entry as a
participating | 5 | | employee.
| 6 | | (b) Supplemental annuities to persons who return to service | 7 | | for less
than 48 months shall be computed under the provisions | 8 | | of Sections 7-141,
7-142 and 7-143. In determining whether an | 9 | | employee is eligible for an
annuity which requires a minimum | 10 | | period of service, his entire period of
service shall be taken | 11 | | into consideration but the supplemental annuity
shall be based | 12 | | on earnings and service in the supplemental period only.
The | 13 | | effective date of the suspended and supplemental annuity for | 14 | | the
purpose of increases after retirement shall be considered | 15 | | to be the
effective date of the suspended annuity.
| 16 | | (c) Supplemental annuities to persons who return to service | 17 | | for 48
months or more shall be a monthly amount determined as | 18 | | follows:
| 19 | | (1) An amount shall be computed under subparagraph b of | 20 | | paragraph
(1) of subsection (a) of Section 7-142, | 21 | | considering all of the service
credits of the employee;
| 22 | | (2) The actuarial value in monthly payments for life of | 23 | | the annuity
payments made before suspension shall be | 24 | | determined and subtracted from
the amount determined in (1) | 25 | | above;
| 26 | | (3) The monthly amount of the suspended annuity, with |
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| 1 | | any applicable
increases after retirement computed from | 2 | | the effective date to the date
of reinstatement, shall be | 3 | | subtracted from the amount determined in (2)
above and the | 4 | | remainder shall be the amount of the supplemental annuity
| 5 | | provided that this amount shall not be less than the amount | 6 | | computed under
subsection (b) of this Section.
| 7 | | (4) The suspended annuity shall be reinstated at an | 8 | | amount including
any increases after retirement from the | 9 | | effective date to date of
reinstatement.
| 10 | | (5) The effective date of the combined suspended and | 11 | | supplemental
annuities for the purposes of increases after | 12 | | retirement shall be
considered to be the effective date of | 13 | | the supplemental annuity.
| 14 | | (Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
| 15 | | (40 ILCS 5/7-144.1 new) | 16 | | Sec. 7-144.1. Retirement annuities - Payable during | 17 | | contractual return to service. | 18 | | (a) Notwithstanding any other provisions of this Code, if | 19 | | any person receiving a retirement annuity accepts on a | 20 | | contractual basis a position to provide services to a | 21 | | participating municipality or participating instrumentality | 22 | | from which he or she has retired, then that person shall | 23 | | continue to receive the retirement annuity earned as an active | 24 | | employee, provided: | 25 | | (1) he or she is at least age 55 and has at least 30 |
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| 1 | | years of service; | 2 | | (2) his or her annual earnings during the period of | 3 | | contractual service are not more than 50% of his or her | 4 | | earnings from the last 12 months preceding separation from | 5 | | service of all participating municipalities and | 6 | | instrumentalities thereof and participating | 7 | | instrumentalities; and | 8 | | (3) his or her earnings did not increase by more than | 9 | | 10% per year during the 2 years preceding separation from | 10 | | service of all participating municipalities and | 11 | | instrumentalities thereof and participating | 12 | | instrumentalities. | 13 | | (b) The participating municipality or participating | 14 | | instrumentality shall pay to the Fund an amount equal to 14% of | 15 | | the annual earnings of the person during each calendar year, or | 16 | | portion thereof, that he or she is performing contractual | 17 | | service as described in subsection (a). | 18 | | (c) No contribution shall be required from a participating | 19 | | municipality or participating instrumentality pursuant to | 20 | | Section 7-172 for any person performing contractual service as | 21 | | described in subsection (a) of this Section. No contribution | 22 | | shall be required pursuant to Section 7-173 from any person | 23 | | performing contractual service as described in subsection (a) | 24 | | of this Section. | 25 | | (d) No person shall be eligible for a supplemental annuity | 26 | | based on a period of contractual service described in |
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| 1 | | subsection (a) of this Section. ".
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