Full Text of SB3629 97th General Assembly
SB3629ham002 97TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 5/24/2012
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| 1 | | AMENDMENT TO SENATE BILL 3629
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3629 on page 1, in | 3 | | line 5, after "12-116,", by inserting "12-127, 12-133, | 4 | | 12-149,"; and
| 5 | | on page 1, below line 13, by inserting the following:
| 6 | | "(40 ILCS 5/12-127) (from Ch. 108 1/2, par. 12-127)
| 7 | | Sec. 12-127. Computation of service.
| 8 | | (a) If an employee during any leave of absence for 30 days | 9 | | or more
without pay who is not receiving ordinary disability or | 10 | | duty disability
benefits contributes the percentage of salary | 11 | | theretofore deducted from
his salary for annuity purposes, the | 12 | | employer shall contribute
corresponding amounts for such | 13 | | purposes. Payment for any approved leave
of absence shall not | 14 | | be valid unless made during such absence or within
30 days from | 15 | | expiration thereof. The aggregate of leaves of absence for
| 16 | | which contributions may be made during the entire employee's |
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| 1 | | service
shall be 1 year.
| 2 | | (b) In computing service, credit shall be given for all | 3 | | leaves of
absence subject to the limitations specified in the | 4 | | following paragraph
during the time an employee was engaged in | 5 | | the military or naval service
of the United States of America | 6 | | during the years 1914 to 1919,
inclusive, or between September | 7 | | 16, 1940, and July 25, 1947, or between
June 25, 1950, and | 8 | | January 31, 1955, and any such service rendered after
January | 9 | | 31, 1955, and who within 180 days subsequent to the completion | 10 | | of
military or naval service re-enters the service of the | 11 | | employer.
| 12 | | The total credit any employee shall receive for military or | 13 | | naval
service during the entire term of service as an employee | 14 | | shall be
subject to the following conditions and limitations:
| 15 | | (1) if entry into military or naval service occurs | 16 | | after July 1,
1961, the total credit shall not exceed 3 | 17 | | years;
| 18 | | (2) if entry into military or naval service occurred on | 19 | | or
prior to July 1, 1961, the total credit shall not exceed | 20 | | 5 years;
| 21 | | (3) an employee who on July 1, 1961, had accrued more | 22 | | than 5 years
of such military or naval service shall be | 23 | | entitled to the total amount
of such accrued credit.
| 24 | | The contributions an employee would have made during the | 25 | | period of
such military or naval service, together with the | 26 | | prescribed employer
contributions, shall be made by the |
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| 1 | | employer and shall be based on the
salary for the position | 2 | | occupied by the employee on the date of
commencement of the | 3 | | leave of absence.
| 4 | | (c) For all purposes of this Article except the provisions | 5 | | of
Section 12-133, the following shall constitute a year of | 6 | | service in any
fiscal year for salary payable according to the | 7 | | basis specified: Monthly
Basis: 4 months; Weekly Basis: 17 | 8 | | weeks; Daily Basis: 100 days; Hourly
Basis: 800 hours, except | 9 | | that in the case of an employee becoming a
participant of the | 10 | | fund on and after July 1, 1973, the following
schedule shall | 11 | | govern for all purposes of this Article: Service during 9
| 12 | | months or more in any fiscal year shall constitute a year of | 13 | | service; 6
to 8 months, inclusive, 3/4 of a year; 3 to 5 | 14 | | months, inclusive, 1/2
year; less than 3 months, 1/4 of a year; | 15 | | 15 days or more in any month, a
month of service. However, for | 16 | | the 6-month fiscal year July 1, 2012 through December 31, 2012, | 17 | | the amount of service earned shall not exceed 1/2 year.
| 18 | | (d) The periods an employee received ordinary or duty | 19 | | disability
benefit shall be included in the computation of | 20 | | service.
| 21 | | (e) Upon receipt of the specified payment, credits | 22 | | transferred to a
fund established under this Article pursuant | 23 | | to subsection (d) of Section
8-226.1, subsection (d) of Section | 24 | | 9-121.1, or Section
14-105.1 of this Code shall be included in | 25 | | the computation
of service.
| 26 | | (f) A contributing employee may establish additional
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| 1 | | service credit for a period of up to 2 years spent in active | 2 | | military
service for which he or she does not qualify for | 3 | | credit under subsection
(b), provided that (1) the person was | 4 | | not dishonorably discharged from the
military service, and (2) | 5 | | the amount of service credit established by the
person under | 6 | | this subsection (f), when added to the amount of any military
| 7 | | service credit granted to the person under subsection (b), | 8 | | shall not exceed
5 years. In order to establish military | 9 | | service credit under this
subsection (f), the applicant must | 10 | | submit a written application to the
Fund, including a copy of | 11 | | the applicant's discharge from military service,
and pay to the | 12 | | Fund (1) employee contributions at the rates provided in
this | 13 | | Article based upon the person's salary on the last date as a
| 14 | | participating employee prior to the military service, or on the | 15 | | first date
as a participating employee after the military | 16 | | service, whichever is
greater, plus (2) an amount determined by | 17 | | the board to be equal to the
employer's normal cost of the | 18 | | benefits accrued for such military service,
plus (3) regular | 19 | | interest on items (1) and (2) from the date of conclusion
of | 20 | | the military service to the date of payment. Contributions must | 21 | | be paid
in a single lump sum before the credit will be granted. | 22 | | Credit established
under this subsection may be used for | 23 | | pension purposes only.
| 24 | | (g) A contributing employee may establish additional | 25 | | service credit for a
period of up to 5 years of employment by | 26 | | the United States federal government
for which he or she does |
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| 1 | | not qualify for credit under any other provision of
this | 2 | | Article, provided that (1) the amount of service credit | 3 | | established by the
person under this subsection (g), when added | 4 | | to the amount of all military
service credit granted to the | 5 | | person under subsections (b) and (f), shall not
exceed 5 years, | 6 | | and (2) any credit received for the federal employment in any
| 7 | | other public pension fund or retirement system has been | 8 | | terminated or
relinquished.
| 9 | | In order to establish service credit under this subsection | 10 | | (g), the
applicant must submit a written application to the | 11 | | Fund, including such
documentation of the federal employment as | 12 | | the Board may require, and pay
to the Fund (1) employee | 13 | | contributions at the rates provided in
this Article based upon | 14 | | the person's salary on the last date as a
participating | 15 | | employee prior to the federal service, or on the first date
as | 16 | | a participating employee after the federal service, whichever | 17 | | is
greater, plus (2) an amount determined by the Board to be | 18 | | equal to the
employer's normal cost of the benefits accrued for | 19 | | such federal service,
plus (3) regular interest on items (1) | 20 | | and (2) from the date of conclusion
of the federal service to | 21 | | the date of payment. Contributions must be paid
in a single | 22 | | lump sum before the credit is granted. Credit established
under | 23 | | this subsection may be used for pension purposes only.
| 24 | | (Source: P.A. 86-272; 86-1488; 87-1265.)
| 25 | | (40 ILCS 5/12-133)
(from Ch. 108 1/2, par. 12-133)
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| 1 | | Sec. 12-133. Fixed benefit retirement annuity.
| 2 | | (a) Subject to the provisions of paragraph (b) of this | 3 | | Section, the
retirement annuity for any employee who withdraws | 4 | | from service on or after
January 1, 1983 and before January 1, | 5 | | 1990, at age 60 or over, having at
least 4 years of service, | 6 | | shall be 1.70% for each of the first 10 years of
service; 2.00% | 7 | | for each of the next 10 years of service; 2.40% for each
year | 8 | | of service in excess of 20 but not exceeding 30; and 2.80% for | 9 | | each
year of service in excess of 30, with a pro-rated amount | 10 | | for service of
less than a full year, based upon the highest | 11 | | average annual salary for any
4 consecutive years within the | 12 | | last 10 years of service immediately
preceding the date of | 13 | | withdrawal, provided that: (1) if retirement of the
employee | 14 | | occurs below age 60, such annuity shall be reduced 1/2 of 1% | 15 | | for
each month or fraction thereof that the employee's age is | 16 | | less than 60,
except that an employee retiring at age 55 or | 17 | | over but less than age 60,
having at least 35 years of service, | 18 | | shall not be subject to the reduction
in his retirement annuity | 19 | | because of retirement below age 60; (2) the
annuity shall not | 20 | | exceed 75% of such average annual salary; (3) the actual
salary | 21 | | shall be considered in the computation of this annuity.
| 22 | | The retirement annuity for any employee who withdraws from | 23 | | service on or
after January 1, 1990 and prior to December 31, | 24 | | 2003 at age 50 or over with
at least 10 years of service, or
at | 25 | | age 60 or over with at least 4 years of service, shall be 1.90%
| 26 | | for each of the first 10 years of service, 2.20% for each of |
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| 1 | | the next 10 years
of service, 2.40% for each of the next 10 | 2 | | years of service, and
2.80% for each year of service in excess | 3 | | of 30, with a pro-rated amount for
service of less than a full | 4 | | year, based upon the highest average annual
salary for any 4 | 5 | | consecutive years within the last 10 years of service
| 6 | | immediately preceding the date of withdrawal, provided that:
| 7 | | (1) if retirement of the employee occurs below age 60, | 8 | | such annuity
shall be reduced 1/4 of 1% (1/2 of 1% in the | 9 | | case of withdrawal from
service before January 1, 1991) for | 10 | | each month or fraction thereof that the
employee's age is | 11 | | less than 60, except that an employee retiring at age 50
or | 12 | | over having at least 30 years of service shall not be | 13 | | subject to the
reduction in retirement annuity because of | 14 | | retirement below age 60;
| 15 | | (2) the annuity shall not exceed 80% of such average | 16 | | annual salary; and
| 17 | | (3) the actual salary shall be considered in the
| 18 | | computation of this annuity.
| 19 | | An employee who withdraws from service on or after December | 20 | | 31, 2003, at
age 50 or over with at least 10 years of service or | 21 | | at age 60 or over with at
least 4 years of service, shall | 22 | | receive, in lieu of any other retirement
annuity provided for | 23 | | in this Section, a retirement annuity calculated as
follows: | 24 | | for each year of service immediately preceding the date of | 25 | | withdrawal,
2.40% of the highest average annual salary for any | 26 | | 4 consecutive years within
the last 10 years of service |
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| 1 | | immediately preceding the date of withdrawal, with
a prorated | 2 | | amount for service of less than a full year, provided that:
| 3 | | (1) if retirement of the employee occurs below age 60, | 4 | | such annuity
shall be reduced 1/4 of 1% for each month or | 5 | | fraction thereof that the
employee's age is less than 60, | 6 | | except that an employee retiring at age 50 or
over having | 7 | | at least 30 years of service shall not be subject to the | 8 | | reduction
in retirement annuity because of retirement | 9 | | below age 60;
| 10 | | (2) the annuity shall not exceed 80% of such average | 11 | | annual salary; and
| 12 | | (3) the actual salary shall be considered in the | 13 | | computation of this
annuity.
| 14 | | Notwithstanding any other formula, the annuity for | 15 | | employees retiring on or
after January 31, 2004 and on or | 16 | | before February 29, 2004 with at least 30 years of
service | 17 | | shall be 80% of average annual salary for any 4 consecutive | 18 | | years
within the last 10 years of service immediately preceding | 19 | | the date of
withdrawal.
| 20 | | (b) In lieu of the retirement annuity provided as an | 21 | | actuarial
equivalent of the total accumulations from | 22 | | contributions by the employee,
contributions by the employer, | 23 | | and prior service annuity plus regular
interest, an employee in | 24 | | service prior to July 1, 1971 shall be entitled to
the largest | 25 | | applicable retirement annuity provided in this Section if the
| 26 | | same is larger than the annuity provided in other Sections of |
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| 1 | | this Article.
| 2 | | (c) The following schedule shall govern the computation of | 3 | | service
for the fixed benefit annuities provided by this | 4 | | Section: Service during
9 months or more during any fiscal year | 5 | | shall constitute a year of
service; 6 to 8 months, inclusive, | 6 | | 3/4 of a year; 3 to 5 months,
inclusive, 1/2 year; less than 3 | 7 | | months, 1/4 of a year; 15 days or more
in any month, a month of | 8 | | service. However, for the 6-month fiscal year July 1, 2012 | 9 | | through December 31, 2012, the amount of service earned shall | 10 | | not exceed 1/2 year.
| 11 | | (d) The other provisions of this Section shall not apply in | 12 | | the case of
any former employee who is receiving a retirement | 13 | | annuity from the fund
and who re-enters service as an employee, | 14 | | unless the employee renders
from and after the date of | 15 | | re-entry, at least 3 years of additional
service.
| 16 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 17 | | (40 ILCS 5/12-149)
(from Ch. 108 1/2, par. 12-149)
| 18 | | Sec. 12-149. Financing. The board of park commissioners of | 19 | | any such
park district shall annually levy a tax (in addition | 20 | | to the taxes now
authorized by law) upon all taxable property | 21 | | embraced in the district,
at the rate which, when added to the | 22 | | employee contributions under this
Article and applied to the | 23 | | fund created
hereunder, shall be sufficient to provide for the | 24 | | purposes of this
Article in accordance with the provisions | 25 | | thereof. Such tax shall be
levied and collected with and in |
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| 1 | | like manner as the general taxes of
such district, and shall | 2 | | not in any event be included within any
limitations of rate for | 3 | | general park purposes as now or hereafter
provided by law, but | 4 | | shall be excluded therefrom and be in addition
thereto. The | 5 | | amount of such annual tax to and including the year 1977
shall | 6 | | not exceed .0275% of the value, as equalized or assessed by the
| 7 | | Department of Revenue, of all taxable property embraced
within | 8 | | the park district, provided that for the year 1978, and for | 9 | | each
year thereafter, the amount of such annual tax shall be at | 10 | | a rate on the
dollar of assessed valuation of all taxable | 11 | | property that will produce,
when extended, for the year 1978 | 12 | | the following sum: 0.825 times the
amount of employee | 13 | | contributions during the fiscal year 1976; for the
year 1979, | 14 | | 0.85 times the amount of employee contributions during the
| 15 | | fiscal year 1977; for the year 1980, 0.90 times the amount of | 16 | | employee
contributions during the fiscal year 1978; for the | 17 | | year 1981, 0.95 times
the amount of employee contributions | 18 | | during the fiscal year 1979; for the year
1982, 1.00 times the | 19 | | amount of employee contributions during the fiscal year
1980; | 20 | | for the year 1983, 1.05 times the amount of contributions made | 21 | | on behalf
of employees during the fiscal year 1981; and for the | 22 | | year 1984 and each year
thereafter, an amount equal to 1.10 | 23 | | times the employee contributions during the
fiscal year 2-years | 24 | | prior to the year for which the applicable tax is levied.
For | 25 | | the year 2014, this calculation shall be 1.10 times the amount | 26 | | of employee contributions during the 12-month fiscal year |
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| 1 | | ending June 30, 2012; and for the year 2015, this calculation | 2 | | shall be 1.10 times the amount of employee contributions during | 3 | | the 12-month fiscal year ending December 31, 2013. As used in | 4 | | this Section, the term "employee contributions" means | 5 | | contributions
by employees for retirement annuity, spouse's | 6 | | annuity, automatic increase in
retirement annuity, and death | 7 | | benefit.
| 8 | | In respect to park district employees, other than | 9 | | policemen, who are
transferred to the employment of a city by | 10 | | virtue of the "Exchange of
Functions Act of 1957", the | 11 | | corporate authorities of the city shall
annually levy a tax | 12 | | upon all taxable property embraced in the city, as
equalized or | 13 | | assessed by the Department of Revenue, at such rate per
cent of | 14 | | the value of such property as shall be sufficient, when added
| 15 | | to the amounts deducted from the salary or wages of such | 16 | | employees, to
provide the benefits to which such employees, | 17 | | their dependents and
beneficiaries are entitled under the | 18 | | provisions of this Article. The
park district shall not levy a | 19 | | tax hereunder in respect to such
employees. The tax levied by | 20 | | the city under authority of this Article
shall be in addition | 21 | | to and exclusive of all other taxes authorized by
law to be | 22 | | levied by the city for corporate, annuity fund or other
| 23 | | purposes.
| 24 | | All moneys accruing from the levy and collection of taxes, | 25 | | pursuant
to this section, shall be remitted to the board by the | 26 | | employers as soon
as they are received. Where a city has levied |
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| 1 | | a tax pursuant to this
Section in respect to park district | 2 | | employees transferred to the
employment of a city, the | 3 | | treasurer of such city or other authorized
officer shall remit | 4 | | the moneys accruing from the levy and collection of
such tax as | 5 | | soon as they are received. Such remittances shall be made
upon | 6 | | a pro rata share basis, whereby each employer shall pay to the
| 7 | | board such employer's proportionate percentage of each payment | 8 | | of taxes
received by it, according to the ratio which its tax | 9 | | levy for this fund
bears to the total tax levy of such | 10 | | employer.
| 11 | | Should any board of park commissioners included under the | 12 | | provisions
of this Article be without authority to levy the tax | 13 | | provided in this
Section the corporation authorities (meaning | 14 | | the supervisor, clerk and
assessor) of the town or towns for | 15 | | which such board shall be the board
of park commissioners shall | 16 | | levy such tax.
| 17 | | Employer contributions to the Fund may be reduced by | 18 | | $5,000,000 for
calendar years 2004 and 2005.
| 19 | | (Source: P.A. 93-654, eff. 1-16-04.)".
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