Full Text of HB5696 98th General Assembly
HB5696enr 98TH GENERAL ASSEMBLY |
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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 7-139, 7-175, and 7-175.1 and by adding Section | 6 | | 7-111.5 as follows: | 7 | | (40 ILCS 5/7-111.5 new) | 8 | | Sec. 7-111.5. "Omitted service": The period of service | 9 | | with a participating municipality or participating | 10 | | instrumentality during which an employee was required to | 11 | | participate in the Fund, but was not actually enrolled.
| 12 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 13 | | (Text of Section before amendment by P.A. 98-599 )
| 14 | | Sec. 7-139. Credits and creditable service to employees.
| 15 | | (a) Each participating employee shall be granted credits | 16 | | and creditable
service, for purposes of determining the amount | 17 | | of any annuity or benefit
to which he or a beneficiary is | 18 | | entitled, as follows:
| 19 | | 1. For prior service: Each participating employee who | 20 | | is an employee
of a participating municipality or | 21 | | participating instrumentality on the
effective date shall | 22 | | be granted creditable service, but no credits under
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| 1 | | paragraph 2 of this subsection (a), for periods of prior | 2 | | service for which
credit has not been received under any | 3 | | other pension fund or retirement system
established under | 4 | | this Code, as follows:
| 5 | | If the effective date of participation for the | 6 | | participating municipality
or participating | 7 | | instrumentality is on or before January 1, 1998, creditable
| 8 | | service shall be granted for the entire period of prior | 9 | | service with that
employer without any employee | 10 | | contribution.
| 11 | | If the effective date of participation for the | 12 | | participating municipality
or participating | 13 | | instrumentality is after January 1, 1998, creditable
| 14 | | service shall be granted for the last 20% of the period of | 15 | | prior service with
that employer, but no more than 5 years, | 16 | | without any employee contribution. A
participating | 17 | | employee may establish creditable service for the | 18 | | remainder of
the period of prior service with that employer | 19 | | by making an application in
writing, accompanied by payment | 20 | | of an employee contribution in an
amount determined by the | 21 | | Fund, based on the employee contribution rates in
effect at | 22 | | the time of application for the creditable service and the | 23 | | employee's
salary rate on the effective date of | 24 | | participation for that employer, plus
interest at the | 25 | | effective rate from the date of the prior service to the | 26 | | date
of payment. Application for this creditable service |
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| 1 | | may be made at any time
while the employee is still in | 2 | | service.
| 3 | | A municipality that (i) has at least 35 employees; (ii) | 4 | | is located in a county with at least 2,000,000 inhabitants; | 5 | | and (iii) maintains an independent defined benefit pension | 6 | | plan for the benefit of its eligible employees may restrict | 7 | | creditable service in whole or in part for periods of prior | 8 | | service with the employer if the governing body of the | 9 | | municipality adopts an irrevocable resolution to restrict | 10 | | that creditable service and files the resolution with the | 11 | | board before the municipality's effective date of | 12 | | participation.
| 13 | | Any person who has withdrawn from the service of a | 14 | | participating
municipality
or participating | 15 | | instrumentality prior to the effective date, who reenters
| 16 | | the service of the same municipality or participating | 17 | | instrumentality after
the effective date and becomes a | 18 | | participating employee is entitled to
creditable service | 19 | | for prior service as otherwise provided in this
subdivision | 20 | | (a)(1) only if he or she renders 2 years of service as a
| 21 | | participating employee after the effective date. | 22 | | Application
for such service must be made while in a | 23 | | participating status.
The salary rate to be used in the | 24 | | calculation of the required employee
contribution, if any, | 25 | | shall be the employee's salary rate at the time of first
| 26 | | reentering service with the employer after the employer's |
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| 1 | | effective date of
participation.
| 2 | | 2. For current service, each participating employee | 3 | | shall be
credited with:
| 4 | | a. Additional credits of amounts equal to each | 5 | | payment of additional
contributions received from him | 6 | | under Section 7-173, as of the
date the corresponding | 7 | | payment of earnings is payable to him.
| 8 | | b. Normal credits of amounts equal to each payment | 9 | | of normal
contributions received from him, as of the | 10 | | date the corresponding payment of
earnings is payable | 11 | | to him, and normal contributions made for the purpose | 12 | | of
establishing out-of-state service credits as | 13 | | permitted under the conditions set
forth in paragraph 6 | 14 | | of this subsection (a).
| 15 | | c. Municipality credits in an amount equal to 1.4 | 16 | | times the normal
credits, except those established by | 17 | | out-of-state service credits, as of
the date of | 18 | | computation of any benefit if these credits would | 19 | | increase
the benefit.
| 20 | | d. Survivor credits equal to each payment of | 21 | | survivor contributions
received from the participating | 22 | | employee as of the date the
corresponding payment of | 23 | | earnings is payable, and survivor contributions made
| 24 | | for the purpose of establishing out-of-state service | 25 | | credits.
| 26 | | 3. For periods of temporary and total and permanent |
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| 1 | | disability
benefits, each employee receiving disability | 2 | | benefits shall be granted
creditable service for the period | 3 | | during which disability benefits are
payable. Normal and | 4 | | survivor credits, based upon the rate of earnings
applied | 5 | | for disability benefits, shall also be granted if such | 6 | | credits
would result in a higher benefit to any such | 7 | | employee or his
beneficiary.
| 8 | | 4. For authorized leave of absence without pay: A | 9 | | participating
employee shall be granted credits and | 10 | | creditable service for periods of
authorized leave of | 11 | | absence without pay under the following
conditions:
| 12 | | a. An application for credits and creditable | 13 | | service is submitted to the
board while the employee is | 14 | | in a status of
active employment.
| 15 | | b. Not more than 12 complete months of creditable | 16 | | service
for authorized leave of absence without pay | 17 | | shall be counted for purposes of
determining any | 18 | | benefits payable under this Article.
| 19 | | c. Credits and creditable service shall be granted | 20 | | for leave of
absence only if such leave is approved by | 21 | | the governing body of the
municipality, including | 22 | | approval of the estimated cost thereof to the
| 23 | | municipality as determined by the fund, and employee | 24 | | contributions, plus
interest at the effective rate | 25 | | applicable for each year from the end of
the period of | 26 | | leave to date of payment, have been paid to the fund in
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| 1 | | accordance with Section 7-173. The contributions shall | 2 | | be computed upon the
assumption earnings continued | 3 | | during the period of leave at the rate in
effect when | 4 | | the leave began.
| 5 | | d. Benefits under the provisions of Sections | 6 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 7 | | employees on authorized leave of
absence, or their | 8 | | designated beneficiary, only if such leave of absence
| 9 | | is creditable hereunder, and if the employee has at | 10 | | least one year of
creditable service other than the | 11 | | service granted for leave of absence.
Any employee | 12 | | contributions due may be deducted from any benefits
| 13 | | payable.
| 14 | | e. No credits or creditable service shall be | 15 | | allowed for leave of
absence without pay during any | 16 | | period of prior service.
| 17 | | 5. For military service: The governing body of a | 18 | | municipality or
participating instrumentality may elect to | 19 | | allow creditable service to
participating employees who | 20 | | leave their employment to serve in the armed
forces of the | 21 | | United States for all periods of such service, provided
| 22 | | that the person returns to active employment within 90 days | 23 | | after
completion
of full time active duty, but no | 24 | | creditable service shall be allowed such
person for any | 25 | | period that can be used in the computation of a pension
or | 26 | | any other pay or benefit, other than pay for active duty, |
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| 1 | | for service
in any branch of the armed forces of the United | 2 | | States. If necessary to
the computation of any benefit, the | 3 | | board shall establish municipality
credits for | 4 | | participating employees under this paragraph on the
| 5 | | assumption that the employee received earnings at the rate | 6 | | received at
the time he left the employment to enter the | 7 | | armed forces. A
participating employee in the armed forces | 8 | | shall not be considered an
employee during such period of | 9 | | service and no additional death and no
disability benefits | 10 | | are payable for death or disability during such period.
| 11 | | Any participating employee who left his employment | 12 | | with a
municipality or participating instrumentality to | 13 | | serve in the armed
forces of the United States and who | 14 | | again became a participating
employee within 90 days after | 15 | | completion of full time active duty by
entering the service | 16 | | of a different municipality or participating
| 17 | | instrumentality, which has elected to allow creditable | 18 | | service for
periods of military service under the preceding | 19 | | paragraph, shall also be
allowed creditable service for his | 20 | | period of military service on the
same terms that would | 21 | | apply if he had been employed, before entering
military | 22 | | service, by the municipality or instrumentality which | 23 | | employed
him after he left the military service and the | 24 | | employer costs arising in
relation to such grant of | 25 | | creditable service shall be charged to and
paid by that | 26 | | municipality or instrumentality.
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| 1 | | Notwithstanding the foregoing, any participating | 2 | | employee
shall be entitled to creditable service as | 3 | | required by any federal law
relating to re-employment | 4 | | rights of persons who served in the United States
Armed | 5 | | Services. Such creditable service shall be granted upon | 6 | | payment by
the member of an amount equal to the employee | 7 | | contributions which would
have been required had the | 8 | | employee continued in service at the same
rate of earnings | 9 | | during the military leave period, plus interest at
the | 10 | | effective rate.
| 11 | | 5.1. In addition to any creditable service established | 12 | | under
paragraph 5 of this subsection (a), creditable | 13 | | service may be granted for
up to 48 months of service in | 14 | | the armed forces of the United States.
| 15 | | In order to receive creditable service for military | 16 | | service under this
paragraph 5.1, a participating employee | 17 | | must (1) apply to the Fund
in writing and provide evidence | 18 | | of the military service that is satisfactory
to the Board; | 19 | | (2) obtain the written approval of the current employer; | 20 | | and (3)
make contributions to the Fund equal to (i)
the | 21 | | employee contributions that would have been required had | 22 | | the service been
rendered as a member, plus (ii) an amount | 23 | | determined by the board to be equal
to the employer's | 24 | | normal cost of the benefits accrued for that military
| 25 | | service, plus (iii) interest on items (i) and (ii) from the | 26 | | date of first
membership in the Fund to the date of |
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| 1 | | payment. The required interest shall be
calculated at the | 2 | | regular interest rate.
| 3 | | The changes made to this paragraph 5.1 by Public Acts | 4 | | 95-483 and 95-486
apply only to participating employees in | 5 | | service on or after August 28, 2007 (the effective date of | 6 | | those Public Acts).
| 7 | | 6. For out-of-state service: Creditable service shall | 8 | | be granted for
service rendered to an out-of-state local | 9 | | governmental body under the
following conditions: The | 10 | | employee had participated and has irrevocably
forfeited | 11 | | all rights to benefits in the out-of-state public employees
| 12 | | pension system; the governing body of his participating | 13 | | municipality or
instrumentality authorizes the employee to | 14 | | establish such service; the
employee has 2 years current | 15 | | service with this municipality or
participating | 16 | | instrumentality; the employee makes a payment of
| 17 | | contributions, which shall be computed at 8% (normal) plus | 18 | | 2% (survivor)
times length of service purchased times the | 19 | | average rate of earnings for the
first 2
years of service | 20 | | with the municipality or participating
instrumentality | 21 | | whose governing body authorizes the service established
| 22 | | plus interest at the effective rate on the date such | 23 | | credits are
established, payable from the date the employee | 24 | | completes the required 2
years of current service to date | 25 | | of payment. In no case shall more than
120 months of | 26 | | creditable service be granted under this provision.
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| 1 | | 7. For retroactive service: Any employee who could have | 2 | | but did not
elect to become a participating employee, or | 3 | | who should have been a
participant in the Municipal Public | 4 | | Utilities Annuity and Benefit Fund
before that fund was | 5 | | superseded, may receive creditable service for the
period | 6 | | of service not to exceed 50 months; however, a current or | 7 | | former
elected or appointed official of a participating | 8 | | municipality may establish credit under this paragraph 7 | 9 | | for more than 50
months of service as an official of that | 10 | | municipality, if the excess over 50 months is approved by | 11 | | resolution of the
governing body of the affected | 12 | | municipality filed with
the Fund before January 1, 2002.
| 13 | | Any employee who is a
participating employee on or | 14 | | after September 24, 1981 and who was
excluded from | 15 | | participation by the age restrictions removed by Public Act
| 16 | | 82-596 may receive creditable service for the period, on or | 17 | | after January
1, 1979, excluded by the age restriction and, | 18 | | in addition, if the governing
body of the participating | 19 | | municipality or participating instrumentality elects
to | 20 | | allow creditable service for all employees excluded by the | 21 | | age restriction
prior to January 1, 1979, for service | 22 | | during the period prior to that date
excluded by the age | 23 | | restriction. Any employee who was excluded from
| 24 | | participation by the age restriction removed by Public Act | 25 | | 82-596 and who is
not a participating employee on or after | 26 | | September 24, 1981 may receive
creditable service for |
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| 1 | | service after January 1,
1979. Creditable service under | 2 | | this paragraph
shall be granted upon payment of the | 3 | | employee contributions
which would have been required had | 4 | | he participated, with interest at the
effective rate for | 5 | | each year from the end of the period of service
established | 6 | | to date of payment.
| 7 | | 8. For accumulated unused sick leave: A participating | 8 | | employee who is
applying for a retirement annuity shall be | 9 | | entitled to creditable service
for that portion of the | 10 | | employee's accumulated unused sick leave
for which payment | 11 | | is not received, as follows:
| 12 | | a. Sick leave days shall be limited to those | 13 | | accumulated under a sick
leave plan established by a | 14 | | participating municipality or participating
| 15 | | instrumentality which is available to all employees or | 16 | | a class of employees.
| 17 | | b. Except as provided in item b-1, only sick leave | 18 | | days accumulated with a participating municipality or
| 19 | | participating instrumentality with which the employee | 20 | | was in service within
60 days of the effective date of | 21 | | his retirement annuity shall be credited;
If the | 22 | | employee was in service with more than one employer | 23 | | during this
period only the sick leave days with the | 24 | | employer with which the employee
has the greatest | 25 | | number of unpaid sick leave days shall be considered.
| 26 | | b-1. If the employee was in the service of more |
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| 1 | | than one employer as defined in item (2) of paragraph | 2 | | (a) of subsection (A) of Section 7-132, then the sick | 3 | | leave days from all such employers shall be credited, | 4 | | as long as the creditable service attributed to those | 5 | | sick leave days does not exceed the limitation in item | 6 | | f of this paragraph 8. In calculating the creditable | 7 | | service under this item b-1, the sick leave days from | 8 | | the last employer shall be considered first, then the | 9 | | remaining sick leave days shall be considered until | 10 | | there are no more days or the maximum creditable sick | 11 | | leave threshold under item f of this paragraph 8 has | 12 | | been reached.
| 13 | | c. The creditable service granted shall be | 14 | | considered solely for the
purpose of computing the | 15 | | amount of the retirement annuity and shall not be
used | 16 | | to establish any minimum service period required by any | 17 | | provision of the
Illinois Pension Code, the effective | 18 | | date of the retirement annuity, or the
final rate of | 19 | | earnings.
| 20 | | d. The creditable service shall be at the rate of | 21 | | 1/20 of a month for
each full sick day, provided that | 22 | | no more than 12 months may be credited
under this | 23 | | subdivision 8.
| 24 | | e. Employee contributions shall not be required | 25 | | for creditable service
under this subdivision 8.
| 26 | | f. Each participating municipality and |
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| 1 | | participating instrumentality
with which an employee | 2 | | has service within 60 days of the effective date of
his | 3 | | retirement annuity shall certify to the board the | 4 | | number of accumulated
unpaid sick leave days credited | 5 | | to the employee at the time of termination
of service.
| 6 | | 9. For service transferred from another system: | 7 | | Credits and
creditable service shall be granted for service | 8 | | under Article 4, 5, 8, 14,
or 16 of this Act, to any active | 9 | | member of this Fund, and to any
inactive member who has | 10 | | been a county sheriff, upon
transfer of such credits | 11 | | pursuant to Section 4-108.3, 5-235,
8-226.7,
14-105.6, or | 12 | | 16-131.4, and payment by the member of the amount by
which | 13 | | (1) the employer and employee contributions that would have | 14 | | been required
if he had participated in this Fund as a | 15 | | sheriff's law enforcement employee
during the period for | 16 | | which credit is
being transferred, plus interest thereon at | 17 | | the effective rate for each
year, compounded annually, from | 18 | | the date of termination of the service for
which credit is | 19 | | being transferred to the date of payment, exceeds (2) the
| 20 | | amount actually transferred to the Fund.
Such transferred | 21 | | service shall be deemed to be service as a sheriff's law
| 22 | | enforcement employee for the purposes of Section 7-142.1.
| 23 | | 10. (Blank). For service transferred from an Article 3 | 24 | | system under Section 3-110.8: Credits and
creditable | 25 | | service shall be granted for service under Article 3 of | 26 | | this Act as provided in Section 3-110.8, to any active |
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| 1 | | member of this Fund upon
transfer of such credits pursuant | 2 | | to Section 3-110.8. If the amount by
which (1) the employer | 3 | | and employee contributions that would have been required
if | 4 | | he had participated in this Fund during the period for | 5 | | which credit is
being transferred, plus interest thereon at | 6 | | the effective rate for each
year, compounded annually, from | 7 | | the date of termination of the service for
which credit is | 8 | | being transferred to the date of payment, exceeds (2) the
| 9 | | amount actually transferred to the Fund, then the amount of | 10 | | creditable service established under this paragraph 10 | 11 | | shall be reduced by a corresponding amount in accordance | 12 | | with the rules and procedures established under this | 13 | | paragraph 10.
| 14 | | The board shall establish by rule the manner of making | 15 | | the calculation required under
this paragraph 10, taking | 16 | | into account the appropriate actuarial
assumptions; the | 17 | | member's service, age, and salary history; the level
of | 18 | | funding of the employer; and
any other factors that the | 19 | | board determines to be relevant.
| 20 | | Until January 1, 2010, members who transferred service | 21 | | from an Article 3 system under the provisions of Public Act | 22 | | 94-356 may establish additional credit in this Fund, but | 23 | | only up to the amount of the service credit reduction in | 24 | | that transfer, as calculated under the actuarial | 25 | | assumptions. This credit may be established upon payment by | 26 | | the member of an amount to be determined by the board, |
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| 1 | | equal to (1) the amount that would have been contributed as | 2 | | employee and employer contributions had all the service | 3 | | been as an employee under this Article, plus interest | 4 | | thereon compounded annually from the date of service to the | 5 | | date of transfer, less (2) the total amount transferred | 6 | | from the Article 3 system, plus (3) interest on the | 7 | | difference at the effective rate for each year, compounded | 8 | | annually, from the date of the transfer to the date of | 9 | | payment. The additional service credit is allowed under | 10 | | this amendatory Act of the 95th General Assembly | 11 | | notwithstanding the provisions of Article 3 terminating | 12 | | all transferred credits on the date of transfer. | 13 | | 11. For service transferred from an Article 3 system | 14 | | under Section 3-110.3: Credits and creditable service | 15 | | shall be granted for service under Article 3 of this Act as | 16 | | provided in Section 3-110.3, to any active member of this | 17 | | Fund, upon transfer of such credits pursuant to Section | 18 | | 3-110.3. If the board determines that the amount | 19 | | transferred is less than the true cost to the Fund of | 20 | | allowing that creditable service to be established, then in | 21 | | order to establish that creditable service, the member must | 22 | | pay to the Fund an additional contribution equal to the | 23 | | difference, as determined by the board in accordance with | 24 | | the rules and procedures adopted under this paragraph. If | 25 | | the member does not make the full additional payment as | 26 | | required by this paragraph prior to termination of his |
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| 1 | | participation with that employer, then his or her | 2 | | creditable service shall be reduced by an amount equal to | 3 | | the difference between the amount transferred under | 4 | | Section 3-110.3, including any payments made by the member | 5 | | under this paragraph prior to termination, and the true | 6 | | cost to the Fund of allowing that creditable service to be | 7 | | established, as determined by the board in accordance with | 8 | | the rules and procedures adopted under this paragraph. | 9 | | The board shall establish by rule the manner of making | 10 | | the calculation required under this paragraph 11, taking | 11 | | into account the appropriate actuarial assumptions; the | 12 | | member's service, age, and salary history, and any other | 13 | | factors that the board determines to be relevant. | 14 | | 12. For omitted service: Any employee who was employed | 15 | | by a participating employer in a position that required | 16 | | participation, but who was not enrolled in the Fund, may | 17 | | establish such credits under the following conditions: | 18 | | a. Application for such credits is received by the | 19 | | Board while the employee is an active participant of | 20 | | the Fund or a reciprocal retirement system. | 21 | | b. Eligibility for participation and earnings are | 22 | | verified by the Authorized Agent of the participating | 23 | | employer for which the service was rendered. | 24 | | Creditable service under this paragraph shall be | 25 | | granted upon payment of the employee contributions that | 26 | | would have been required had he participated, which shall |
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| 1 | | be calculated by the Fund using the member contribution | 2 | | rate in effect during the period that the service was | 3 | | rendered. | 4 | | (b) Creditable service - amount:
| 5 | | 1. One month of creditable service
shall be allowed for | 6 | | each month for which a participating employee made
| 7 | | contributions as required under Section 7-173, or for which | 8 | | creditable
service is otherwise granted hereunder. Not | 9 | | more than 1 month of
service shall be credited and counted | 10 | | for 1 calendar month, and not more
than 1 year of service | 11 | | shall be credited and counted for any calendar
year. A | 12 | | calendar month means a nominal month beginning on the first | 13 | | day
thereof, and a calendar year means a year beginning | 14 | | January 1 and ending
December 31.
| 15 | | 2. A seasonal employee shall be given 12 months of | 16 | | creditable
service if he renders the number of months of | 17 | | service normally required
by the position in a 12-month | 18 | | period and he remains in service for the
entire 12-month | 19 | | period. Otherwise a fractional year of service in the
| 20 | | number of months of service rendered shall be credited.
| 21 | | 3. An intermittent employee shall be given creditable | 22 | | service for
only those months in which a contribution is | 23 | | made under Section 7-173.
| 24 | | (c) No application for correction of credits or creditable | 25 | | service shall
be considered unless the board receives an | 26 | | application for correction while
(1) the applicant is a |
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| 1 | | participating employee and in active employment
with a | 2 | | participating municipality or instrumentality, or (2) while | 3 | | the
applicant is actively participating in a pension fund or | 4 | | retirement
system which is a participating system under the | 5 | | Retirement Systems
Reciprocal Act. A participating employee or | 6 | | other applicant shall not be
entitled to credits or creditable | 7 | | service unless the required employee
contributions are made in | 8 | | a lump sum or in installments made in accordance
with board | 9 | | rule.
| 10 | | (d) Upon the granting of a retirement, surviving spouse or | 11 | | child
annuity, a death benefit or a separation benefit, on | 12 | | account of any
employee, all individual accumulated credits | 13 | | shall thereupon terminate.
Upon the withdrawal of additional | 14 | | contributions, the credits applicable
thereto shall thereupon | 15 | | terminate. Terminated credits shall not be applied
to increase | 16 | | the benefits any remaining employee would otherwise receive | 17 | | under
this Article.
| 18 | | (Source: P.A. 97-415, eff. 8-16-11; 98-439, eff. 8-16-13.)
| 19 | | (Text of Section after amendment by P.A. 98-599 )
| 20 | | Sec. 7-139. Credits and creditable service to employees.
| 21 | | (a) Each participating employee shall be granted credits | 22 | | and creditable
service, for purposes of determining the amount | 23 | | of any annuity or benefit
to which he or a beneficiary is | 24 | | entitled, as follows:
| 25 | | 1. For prior service: Each participating employee who |
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| 1 | | is an employee
of a participating municipality or | 2 | | participating instrumentality on the
effective date shall | 3 | | be granted creditable service, but no credits under
| 4 | | paragraph 2 of this subsection (a), for periods of prior | 5 | | service for which
credit has not been received under any | 6 | | other pension fund or retirement system
established under | 7 | | this Code, as follows:
| 8 | | If the effective date of participation for the | 9 | | participating municipality
or participating | 10 | | instrumentality is on or before January 1, 1998, creditable
| 11 | | service shall be granted for the entire period of prior | 12 | | service with that
employer without any employee | 13 | | contribution.
| 14 | | If the effective date of participation for the | 15 | | participating municipality
or participating | 16 | | instrumentality is after January 1, 1998, creditable
| 17 | | service shall be granted for the last 20% of the period of | 18 | | prior service with
that employer, but no more than 5 years, | 19 | | without any employee contribution. A
participating | 20 | | employee may establish creditable service for the | 21 | | remainder of
the period of prior service with that employer | 22 | | by making an application in
writing, accompanied by payment | 23 | | of an employee contribution in an
amount determined by the | 24 | | Fund, based on the employee contribution rates in
effect at | 25 | | the time of application for the creditable service and the | 26 | | employee's
salary rate on the effective date of |
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| 1 | | participation for that employer, plus
interest at the | 2 | | effective rate from the date of the prior service to the | 3 | | date
of payment. Application for this creditable service | 4 | | may be made at any time
while the employee is still in | 5 | | service.
| 6 | | A municipality that (i) has at least 35 employees; (ii) | 7 | | is located in a county with at least 2,000,000 inhabitants; | 8 | | and (iii) maintains an independent defined benefit pension | 9 | | plan for the benefit of its eligible employees may restrict | 10 | | creditable service in whole or in part for periods of prior | 11 | | service with the employer if the governing body of the | 12 | | municipality adopts an irrevocable resolution to restrict | 13 | | that creditable service and files the resolution with the | 14 | | board before the municipality's effective date of | 15 | | participation.
| 16 | | Any person who has withdrawn from the service of a | 17 | | participating
municipality
or participating | 18 | | instrumentality prior to the effective date, who reenters
| 19 | | the service of the same municipality or participating | 20 | | instrumentality after
the effective date and becomes a | 21 | | participating employee is entitled to
creditable service | 22 | | for prior service as otherwise provided in this
subdivision | 23 | | (a)(1) only if he or she renders 2 years of service as a
| 24 | | participating employee after the effective date. | 25 | | Application
for such service must be made while in a | 26 | | participating status.
The salary rate to be used in the |
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| 1 | | calculation of the required employee
contribution, if any, | 2 | | shall be the employee's salary rate at the time of first
| 3 | | reentering service with the employer after the employer's | 4 | | effective date of
participation.
| 5 | | 2. For current service, each participating employee | 6 | | shall be
credited with:
| 7 | | a. Additional credits of amounts equal to each | 8 | | payment of additional
contributions received from him | 9 | | under Section 7-173, as of the
date the corresponding | 10 | | payment of earnings is payable to him.
| 11 | | b. Normal credits of amounts equal to each payment | 12 | | of normal
contributions received from him, as of the | 13 | | date the corresponding payment of
earnings is payable | 14 | | to him, and normal contributions made for the purpose | 15 | | of
establishing out-of-state service credits as | 16 | | permitted under the conditions set
forth in paragraph 6 | 17 | | of this subsection (a).
| 18 | | c. Municipality credits in an amount equal to 1.4 | 19 | | times the normal
credits, except those established by | 20 | | out-of-state service credits, as of
the date of | 21 | | computation of any benefit if these credits would | 22 | | increase
the benefit.
| 23 | | d. Survivor credits equal to each payment of | 24 | | survivor contributions
received from the participating | 25 | | employee as of the date the
corresponding payment of | 26 | | earnings is payable, and survivor contributions made
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| 1 | | for the purpose of establishing out-of-state service | 2 | | credits.
| 3 | | 3. For periods of temporary and total and permanent | 4 | | disability
benefits, each employee receiving disability | 5 | | benefits shall be granted
creditable service for the period | 6 | | during which disability benefits are
payable. Normal and | 7 | | survivor credits, based upon the rate of earnings
applied | 8 | | for disability benefits, shall also be granted if such | 9 | | credits
would result in a higher benefit to any such | 10 | | employee or his
beneficiary.
| 11 | | 4. For authorized leave of absence without pay: A | 12 | | participating
employee shall be granted credits and | 13 | | creditable service for periods of
authorized leave of | 14 | | absence without pay under the following
conditions:
| 15 | | a. An application for credits and creditable | 16 | | service is submitted to the
board while the employee is | 17 | | in a status of
active employment.
| 18 | | b. Not more than 12 complete months of creditable | 19 | | service
for authorized leave of absence without pay | 20 | | shall be counted for purposes of
determining any | 21 | | benefits payable under this Article.
| 22 | | c. Credits and creditable service shall be granted | 23 | | for leave of
absence only if such leave is approved by | 24 | | the governing body of the
municipality, including | 25 | | approval of the estimated cost thereof to the
| 26 | | municipality as determined by the fund, and employee |
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| 1 | | contributions, plus
interest at the effective rate | 2 | | applicable for each year from the end of
the period of | 3 | | leave to date of payment, have been paid to the fund in
| 4 | | accordance with Section 7-173. The contributions shall | 5 | | be computed upon the
assumption earnings continued | 6 | | during the period of leave at the rate in
effect when | 7 | | the leave began.
| 8 | | d. Benefits under the provisions of Sections | 9 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 10 | | employees on authorized leave of
absence, or their | 11 | | designated beneficiary, only if such leave of absence
| 12 | | is creditable hereunder, and if the employee has at | 13 | | least one year of
creditable service other than the | 14 | | service granted for leave of absence.
Any employee | 15 | | contributions due may be deducted from any benefits
| 16 | | payable.
| 17 | | e. No credits or creditable service shall be | 18 | | allowed for leave of
absence without pay during any | 19 | | period of prior service.
| 20 | | 5. For military service: The governing body of a | 21 | | municipality or
participating instrumentality may elect to | 22 | | allow creditable service to
participating employees who | 23 | | leave their employment to serve in the armed
forces of the | 24 | | United States for all periods of such service, provided
| 25 | | that the person returns to active employment within 90 days | 26 | | after
completion
of full time active duty, but no |
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| 1 | | creditable service shall be allowed such
person for any | 2 | | period that can be used in the computation of a pension
or | 3 | | any other pay or benefit, other than pay for active duty, | 4 | | for service
in any branch of the armed forces of the United | 5 | | States. If necessary to
the computation of any benefit, the | 6 | | board shall establish municipality
credits for | 7 | | participating employees under this paragraph on the
| 8 | | assumption that the employee received earnings at the rate | 9 | | received at
the time he left the employment to enter the | 10 | | armed forces. A
participating employee in the armed forces | 11 | | shall not be considered an
employee during such period of | 12 | | service and no additional death and no
disability benefits | 13 | | are payable for death or disability during such period.
| 14 | | Any participating employee who left his employment | 15 | | with a
municipality or participating instrumentality to | 16 | | serve in the armed
forces of the United States and who | 17 | | again became a participating
employee within 90 days after | 18 | | completion of full time active duty by
entering the service | 19 | | of a different municipality or participating
| 20 | | instrumentality, which has elected to allow creditable | 21 | | service for
periods of military service under the preceding | 22 | | paragraph, shall also be
allowed creditable service for his | 23 | | period of military service on the
same terms that would | 24 | | apply if he had been employed, before entering
military | 25 | | service, by the municipality or instrumentality which | 26 | | employed
him after he left the military service and the |
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| 1 | | employer costs arising in
relation to such grant of | 2 | | creditable service shall be charged to and
paid by that | 3 | | municipality or instrumentality.
| 4 | | Notwithstanding the foregoing, any participating | 5 | | employee
shall be entitled to creditable service as | 6 | | required by any federal law
relating to re-employment | 7 | | rights of persons who served in the United States
Armed | 8 | | Services. Such creditable service shall be granted upon | 9 | | payment by
the member of an amount equal to the employee | 10 | | contributions which would
have been required had the | 11 | | employee continued in service at the same
rate of earnings | 12 | | during the military leave period, plus interest at
the | 13 | | effective rate.
| 14 | | 5.1. In addition to any creditable service established | 15 | | under
paragraph 5 of this subsection (a), creditable | 16 | | service may be granted for
up to 48 months of service in | 17 | | the armed forces of the United States.
| 18 | | In order to receive creditable service for military | 19 | | service under this
paragraph 5.1, a participating employee | 20 | | must (1) apply to the Fund
in writing and provide evidence | 21 | | of the military service that is satisfactory
to the Board; | 22 | | (2) obtain the written approval of the current employer; | 23 | | and (3)
make contributions to the Fund equal to (i)
the | 24 | | employee contributions that would have been required had | 25 | | the service been
rendered as a member, plus (ii) an amount | 26 | | determined by the board to be equal
to the employer's |
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| 1 | | normal cost of the benefits accrued for that military
| 2 | | service, plus (iii) interest on items (i) and (ii) from the | 3 | | date of first
membership in the Fund to the date of | 4 | | payment. The required interest shall be
calculated at the | 5 | | regular interest rate.
| 6 | | The changes made to this paragraph 5.1 by Public Acts | 7 | | 95-483 and 95-486
apply only to participating employees in | 8 | | service on or after August 28, 2007 (the effective date of | 9 | | those Public Acts).
| 10 | | 6. For out-of-state service: Creditable service shall | 11 | | be granted for
service rendered to an out-of-state local | 12 | | governmental body under the
following conditions: The | 13 | | employee had participated and has irrevocably
forfeited | 14 | | all rights to benefits in the out-of-state public employees
| 15 | | pension system; the governing body of his participating | 16 | | municipality or
instrumentality authorizes the employee to | 17 | | establish such service; the
employee has 2 years current | 18 | | service with this municipality or
participating | 19 | | instrumentality; the employee makes a payment of
| 20 | | contributions, which shall be computed at 8% (normal) plus | 21 | | 2% (survivor)
times length of service purchased times the | 22 | | average rate of earnings for the
first 2
years of service | 23 | | with the municipality or participating
instrumentality | 24 | | whose governing body authorizes the service established
| 25 | | plus interest at the effective rate on the date such | 26 | | credits are
established, payable from the date the employee |
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| 1 | | completes the required 2
years of current service to date | 2 | | of payment. In no case shall more than
120 months of | 3 | | creditable service be granted under this provision.
| 4 | | 7. For retroactive service: Any employee who could have | 5 | | but did not
elect to become a participating employee, or | 6 | | who should have been a
participant in the Municipal Public | 7 | | Utilities Annuity and Benefit Fund
before that fund was | 8 | | superseded, may receive creditable service for the
period | 9 | | of service not to exceed 50 months; however, a current or | 10 | | former
elected or appointed official of a participating | 11 | | municipality may establish credit under this paragraph 7 | 12 | | for more than 50
months of service as an official of that | 13 | | municipality, if the excess over 50 months is approved by | 14 | | resolution of the
governing body of the affected | 15 | | municipality filed with
the Fund before January 1, 2002.
| 16 | | Any employee who is a
participating employee on or | 17 | | after September 24, 1981 and who was
excluded from | 18 | | participation by the age restrictions removed by Public Act
| 19 | | 82-596 may receive creditable service for the period, on or | 20 | | after January
1, 1979, excluded by the age restriction and, | 21 | | in addition, if the governing
body of the participating | 22 | | municipality or participating instrumentality elects
to | 23 | | allow creditable service for all employees excluded by the | 24 | | age restriction
prior to January 1, 1979, for service | 25 | | during the period prior to that date
excluded by the age | 26 | | restriction. Any employee who was excluded from
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| 1 | | participation by the age restriction removed by Public Act | 2 | | 82-596 and who is
not a participating employee on or after | 3 | | September 24, 1981 may receive
creditable service for | 4 | | service after January 1,
1979. Creditable service under | 5 | | this paragraph
shall be granted upon payment of the | 6 | | employee contributions
which would have been required had | 7 | | he participated, with interest at the
effective rate for | 8 | | each year from the end of the period of service
established | 9 | | to date of payment.
| 10 | | 8. For accumulated unused sick leave: A participating | 11 | | employee who first becomes a participating employee before | 12 | | the effective date of this amendatory Act of the 98th | 13 | | General Assembly and who is
applying for a retirement | 14 | | annuity shall be entitled to creditable service
for that | 15 | | portion of the employee's accumulated unused sick leave
for | 16 | | which payment is not received, as follows:
| 17 | | a. Sick leave days shall be limited to those | 18 | | accumulated under a sick
leave plan established by a | 19 | | participating municipality or participating
| 20 | | instrumentality which is available to all employees or | 21 | | a class of employees.
| 22 | | b. Except as provided in item b-1, only sick leave | 23 | | days accumulated with a participating municipality or
| 24 | | participating instrumentality with which the employee | 25 | | was in service within
60 days of the effective date of | 26 | | his retirement annuity shall be credited;
If the |
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| 1 | | employee was in service with more than one employer | 2 | | during this
period only the sick leave days with the | 3 | | employer with which the employee
has the greatest | 4 | | number of unpaid sick leave days shall be considered.
| 5 | | b-1. If the employee was in the service of more | 6 | | than one employer as defined in item (2) of paragraph | 7 | | (a) of subsection (A) of Section 7-132, then the sick | 8 | | leave days from all such employers shall be credited, | 9 | | as long as the creditable service attributed to those | 10 | | sick leave days does not exceed the limitation in item | 11 | | f of this paragraph 8. In calculating the creditable | 12 | | service under this item b-1, the sick leave days from | 13 | | the last employer shall be considered first, then the | 14 | | remaining sick leave days shall be considered until | 15 | | there are no more days or the maximum creditable sick | 16 | | leave threshold under item f of this paragraph 8 has | 17 | | been reached.
| 18 | | c. The creditable service granted shall be | 19 | | considered solely for the
purpose of computing the | 20 | | amount of the retirement annuity and shall not be
used | 21 | | to establish any minimum service period required by any | 22 | | provision of the
Illinois Pension Code, the effective | 23 | | date of the retirement annuity, or the
final rate of | 24 | | earnings.
| 25 | | d. The creditable service shall be at the rate of | 26 | | 1/20 of a month for
each full sick day, provided that |
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| 1 | | no more than 12 months may be credited
under this | 2 | | subdivision 8.
| 3 | | e. Employee contributions shall not be required | 4 | | for creditable service
under this subdivision 8.
| 5 | | f. Each participating municipality and | 6 | | participating instrumentality
with which an employee | 7 | | has service within 60 days of the effective date of
his | 8 | | retirement annuity shall certify to the board the | 9 | | number of accumulated
unpaid sick leave days credited | 10 | | to the employee at the time of termination
of service.
| 11 | | 9. For service transferred from another system: | 12 | | Credits and
creditable service shall be granted for service | 13 | | under Article 4, 5, 8, 14,
or 16 of this Act, to any active | 14 | | member of this Fund, and to any
inactive member who has | 15 | | been a county sheriff, upon
transfer of such credits | 16 | | pursuant to Section 4-108.3, 5-235,
8-226.7,
14-105.6, or | 17 | | 16-131.4, and payment by the member of the amount by
which | 18 | | (1) the employer and employee contributions that would have | 19 | | been required
if he had participated in this Fund as a | 20 | | sheriff's law enforcement employee
during the period for | 21 | | which credit is
being transferred, plus interest thereon at | 22 | | the effective rate for each
year, compounded annually, from | 23 | | the date of termination of the service for
which credit is | 24 | | being transferred to the date of payment, exceeds (2) the
| 25 | | amount actually transferred to the Fund.
Such transferred | 26 | | service shall be deemed to be service as a sheriff's law
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| 1 | | enforcement employee for the purposes of Section 7-142.1.
| 2 | | 10. (Blank). For service transferred from an Article 3 | 3 | | system under Section 3-110.8: Credits and
creditable | 4 | | service shall be granted for service under Article 3 of | 5 | | this Act as provided in Section 3-110.8, to any active | 6 | | member of this Fund upon
transfer of such credits pursuant | 7 | | to Section 3-110.8. If the amount by
which (1) the employer | 8 | | and employee contributions that would have been required
if | 9 | | he had participated in this Fund during the period for | 10 | | which credit is
being transferred, plus interest thereon at | 11 | | the effective rate for each
year, compounded annually, from | 12 | | the date of termination of the service for
which credit is | 13 | | being transferred to the date of payment, exceeds (2) the
| 14 | | amount actually transferred to the Fund, then the amount of | 15 | | creditable service established under this paragraph 10 | 16 | | shall be reduced by a corresponding amount in accordance | 17 | | with the rules and procedures established under this | 18 | | paragraph 10.
| 19 | | The board shall establish by rule the manner of making | 20 | | the calculation required under
this paragraph 10, taking | 21 | | into account the appropriate actuarial
assumptions; the | 22 | | member's service, age, and salary history; the level
of | 23 | | funding of the employer; and
any other factors that the | 24 | | board determines to be relevant.
| 25 | | Until January 1, 2010, members who transferred service | 26 | | from an Article 3 system under the provisions of Public Act |
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| 1 | | 94-356 may establish additional credit in this Fund, but | 2 | | only up to the amount of the service credit reduction in | 3 | | that transfer, as calculated under the actuarial | 4 | | assumptions. This credit may be established upon payment by | 5 | | the member of an amount to be determined by the board, | 6 | | equal to (1) the amount that would have been contributed as | 7 | | employee and employer contributions had all the service | 8 | | been as an employee under this Article, plus interest | 9 | | thereon compounded annually from the date of service to the | 10 | | date of transfer, less (2) the total amount transferred | 11 | | from the Article 3 system, plus (3) interest on the | 12 | | difference at the effective rate for each year, compounded | 13 | | annually, from the date of the transfer to the date of | 14 | | payment. The additional service credit is allowed under | 15 | | this amendatory Act of the 95th General Assembly | 16 | | notwithstanding the provisions of Article 3 terminating | 17 | | all transferred credits on the date of transfer. | 18 | | 11. For service transferred from an Article 3 system | 19 | | under Section 3-110.3: Credits and creditable service | 20 | | shall be granted for service under Article 3 of this Act as | 21 | | provided in Section 3-110.3, to any active member of this | 22 | | Fund, upon transfer of such credits pursuant to Section | 23 | | 3-110.3. If the board determines that the amount | 24 | | transferred is less than the true cost to the Fund of | 25 | | allowing that creditable service to be established, then in | 26 | | order to establish that creditable service, the member must |
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| 1 | | pay to the Fund an additional contribution equal to the | 2 | | difference, as determined by the board in accordance with | 3 | | the rules and procedures adopted under this paragraph. If | 4 | | the member does not make the full additional payment as | 5 | | required by this paragraph prior to termination of his | 6 | | participation with that employer, then his or her | 7 | | creditable service shall be reduced by an amount equal to | 8 | | the difference between the amount transferred under | 9 | | Section 3-110.3, including any payments made by the member | 10 | | under this paragraph prior to termination, and the true | 11 | | cost to the Fund of allowing that creditable service to be | 12 | | established, as determined by the board in accordance with | 13 | | the rules and procedures adopted under this paragraph. | 14 | | The board shall establish by rule the manner of making | 15 | | the calculation required under this paragraph 11, taking | 16 | | into account the appropriate actuarial assumptions; the | 17 | | member's service, age, and salary history, and any other | 18 | | factors that the board determines to be relevant. | 19 | | 12. For omitted service: Any employee who was employed | 20 | | by a participating employer in a position that required | 21 | | participation, but who was not enrolled in the Fund, may | 22 | | establish such credits under the following conditions: | 23 | | a. Application for such credits is received by the | 24 | | Board while the employee is an active participant of | 25 | | the Fund or a reciprocal retirement system. | 26 | | b. Eligibility for participation and earnings are |
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| 1 | | verified by the Authorized Agent of the participating | 2 | | employer for which the service was rendered. | 3 | | Creditable service under this paragraph shall be | 4 | | granted upon payment of the employee contributions that | 5 | | would have been required had he participated, which shall | 6 | | be calculated by the Fund using the member contribution | 7 | | rate in effect during the period that the service was | 8 | | rendered. | 9 | | (b) Creditable service - amount:
| 10 | | 1. One month of creditable service
shall be allowed for | 11 | | each month for which a participating employee made
| 12 | | contributions as required under Section 7-173, or for which | 13 | | creditable
service is otherwise granted hereunder. Not | 14 | | more than 1 month of
service shall be credited and counted | 15 | | for 1 calendar month, and not more
than 1 year of service | 16 | | shall be credited and counted for any calendar
year. A | 17 | | calendar month means a nominal month beginning on the first | 18 | | day
thereof, and a calendar year means a year beginning | 19 | | January 1 and ending
December 31.
| 20 | | 2. A seasonal employee shall be given 12 months of | 21 | | creditable
service if he renders the number of months of | 22 | | service normally required
by the position in a 12-month | 23 | | period and he remains in service for the
entire 12-month | 24 | | period. Otherwise a fractional year of service in the
| 25 | | number of months of service rendered shall be credited.
| 26 | | 3. An intermittent employee shall be given creditable |
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| 1 | | service for
only those months in which a contribution is | 2 | | made under Section 7-173.
| 3 | | (c) No application for correction of credits or creditable | 4 | | service shall
be considered unless the board receives an | 5 | | application for correction while
(1) the applicant is a | 6 | | participating employee and in active employment
with a | 7 | | participating municipality or instrumentality, or (2) while | 8 | | the
applicant is actively participating in a pension fund or | 9 | | retirement
system which is a participating system under the | 10 | | Retirement Systems
Reciprocal Act. A participating employee or | 11 | | other applicant shall not be
entitled to credits or creditable | 12 | | service unless the required employee
contributions are made in | 13 | | a lump sum or in installments made in accordance
with board | 14 | | rule.
| 15 | | (d) Upon the granting of a retirement, surviving spouse or | 16 | | child
annuity, a death benefit or a separation benefit, on | 17 | | account of any
employee, all individual accumulated credits | 18 | | shall thereupon terminate.
Upon the withdrawal of additional | 19 | | contributions, the credits applicable
thereto shall thereupon | 20 | | terminate. Terminated credits shall not be applied
to increase | 21 | | the benefits any remaining employee would otherwise receive | 22 | | under
this Article.
| 23 | | (Source: P.A. 97-415, eff. 8-16-11; 98-439, eff. 8-16-13; | 24 | | 98-599, eff. 6-1-14.)
| 25 | | (40 ILCS 5/7-175) (from Ch. 108 1/2, par. 7-175)
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| 1 | | Sec. 7-175. Board elections.
| 2 | | (a) During the period beginning on August 1 and ending on | 3 | | September 15
of each year the board shall accept nominations of | 4 | | candidates for election
to the trusteeships for terms beginning | 5 | | the next January 1, new
trusteeships or vacancies to be filled | 6 | | by election.
| 7 | | (b) All nominations shall be by petition. Three petitions | 8 | | for an
executive trustee shall be signed by governing bodies of | 9 | | contributing
participating municipalities or | 10 | | instrumentalities.
| 11 | | A petition for an
employee trustee shall be signed by at | 12 | | least 350 participating employees
who were participants during | 13 | | July of the current year and who, if their
employment status | 14 | | remained unchanged, would be eligible to vote for such
| 15 | | candidate at the following election.
| 16 | | A petition for an annuitant trustee shall be signed by at | 17 | | least 100 persons
who were annuitants of the Fund during July | 18 | | of the current year and who, if
their annuitant status remains | 19 | | unchanged, would be eligible to vote for the
candidate at the | 20 | | following election.
| 21 | | (c) A separate ballot shall be used for each class of | 22 | | trustee and the
names of all candidates properly nominated in | 23 | | petitions received by the
board shall be placed in alphabetical | 24 | | order upon the proper ballot. Where
two employee trustees are | 25 | | elected to a full term in the same year, there
shall be one | 26 | | election for the two trusteeships and the two candidates
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| 1 | | getting the highest number of votes shall be elected.
| 2 | | (d) At any election, each contributing participating | 3 | | municipality and
participating instrumentality and each | 4 | | contributing participating employee
employed by such | 5 | | participating municipality or participating
instrumentality | 6 | | during September of any year, shall be entitled to vote as
| 7 | | follows:
| 8 | | 1. The governing body of each such participating | 9 | | municipality and
participating instrumentality shall have | 10 | | one vote at any election in
which an executive trustee is | 11 | | to be elected, and may cast such vote for any
candidate on | 12 | | the executive trustee ballot.
| 13 | | 2. Each participating employee shall have one vote at | 14 | | any
election in
which an employee trustee is to be elected, | 15 | | and may cast such vote for any
candidate on the employee | 16 | | trustee ballot.
| 17 | | 3. Each annuitant of the Fund shall have one vote at | 18 | | any election in
which an annuitant trustee is to be | 19 | | elected, and may cast that vote for any
candidate on the | 20 | | annuitant trustee ballot.
| 21 | | 4. A vote may be cast for a person not on the ballot by | 22 | | writing in his
or her name.
| 23 | | (e) The election shall be by ballot pursuant to the rules | 24 | | and
regulations established by the board and shall be completed | 25 | | by December 31
of the year. The results shall be entered in the | 26 | | minutes of the meeting of
the board following the tally of |
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| 1 | | votes.
| 2 | | (f) In case of a tie vote, the candidate employed by or | 3 | | retired from the
participating municipality or participating | 4 | | instrumentality having the greatest
number of participating | 5 | | employees at the time shall be elected.
| 6 | | (g) Notwithstanding any other provision of this Article, if | 7 | | only one candidate is properly nominated in petitions received | 8 | | by the Board, that candidate shall be deemed the winner. In the | 9 | | case of 2 employee trustees elected to a full term in the same | 10 | | year, if only 2 candidates are properly nominated in petitions | 11 | | received by the Board, those 2 candidates shall both be deemed | 12 | | winners. If a candidate is deemed a winner under this | 13 | | paragraph, no election under this Section or Section 7-175.1 | 14 | | shall be required. | 15 | | (Source: P.A. 89-136, eff. 7-14-95.)
| 16 | | (40 ILCS 5/7-175.1) (from Ch. 108 1/2, par. 7-175.1)
| 17 | | Sec. 7-175.1. Election of employee and annuitant trustees.
| 18 | | (a) The board shall prepare and send ballots and ballot | 19 | | envelopes to the
employees and annuitants eligible to vote as | 20 | | of September of that
year. The ballots shall contain the names | 21 | | of all candidates in alphabetical
order and an appropriate | 22 | | place where a name may be written in on
the ballot.
The ballot | 23 | | envelope shall have on the outside a form of certificate | 24 | | stating
that the person voting the ballot is a participating | 25 | | employee or annuitant
entitled to vote.
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| 1 | | (b) Employees and annuitants, upon receipt of the ballot, | 2 | | shall vote the
ballot and place it in the ballot envelope, seal | 3 | | the envelope, execute the
certificate thereon and return the | 4 | | ballot to the Fund.
| 5 | | (c) The board shall set a final date for ballot return, and | 6 | | ballots
received prior to that date in a ballot envelope with a
| 7 | | properly executed certificate and properly voted, shall be | 8 | | valid ballots.
| 9 | | (d) The board shall set a day for counting the ballots and
| 10 | | name judges and clerks of election to conduct the count of | 11 | | ballots, and shall
make any rules and regulations necessary for | 12 | | the conduct of the
count.
| 13 | | (e) No election under this Section shall be required if a | 14 | | candidate is deemed the winner under subsection (g) of Section | 15 | | 7-175. | 16 | | (Source: P.A. 89-136, eff. 7-14-95.)
| 17 | | (40 ILCS 5/7-139.7 rep.)
| 18 | | (40 ILCS 5/7-139.9 rep.)
| 19 | | (40 ILCS 5/7-139.11 rep.) | 20 | | (40 ILCS 5/7-139.13 rep.) | 21 | | Section 10. The Illinois Pension Code is amended by | 22 | | repealing Sections 7-139.7, 7-139.9, 7-139.11, and 7-139.13. | 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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