Full Text of SB1920 98th General Assembly
SB1920 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1920 Introduced 2/15/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/9-112 | from Ch. 108 1/2, par. 9-112 | 40 ILCS 5/9-157 | from Ch. 108 1/2, par. 9-157 | 40 ILCS 5/9-221 | from Ch. 108 1/2, par. 9-221 |
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Amends the Cook County Article of the Illinois Pension Code. Provides that salary shall be equal to the actual salary paid as reported to the Fund, excluding overtime or extra service and subject to certain specified limitations. Eliminates the statutory addition to salary for free meals, lodging, board, and laundry service. Provides that salary at the date of disability shall be based on the percentage, not to exceed 100%, of hours paid, contributed on, and reported to the Fund during the prior 365 days divided by 2080. Provides that this amendatory Act is intended to be a restatement and clarification of existing law. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 9-112, 9-157, and 9-221 as follows:
| 6 | | (40 ILCS 5/9-112) (from Ch. 108 1/2, par. 9-112)
| 7 | | Sec. 9-112. Salary. "Salary": Annual salary of an employee | 8 | | under this Article as follows:
| 9 | | (a) Beginning on the effective date and prior to July 1, | 10 | | 1947 $3000
shall be the maximum amount of annual salary of any | 11 | | employee to be
considered for the purposes of this Article; and | 12 | | beginning on July 1,
1947 and prior to July 1, 1953, said | 13 | | maximum amount shall be $4800; and
beginning on July 1, 1953 | 14 | | and prior to July 1, 1957 said maximum amount
shall be $6,000; | 15 | | and beginning on July 1, 1957, if salary or wages is
| 16 | | appropriated, fixed or arranged on an annual basis, the actual | 17 | | sum
payable during the year if the employee worked the full | 18 | | normal working
time in his position, at the rate of | 19 | | compensation, exclusive of
overtime, appropriated or fixed as | 20 | | salary or wages for service in the
position . ; | 21 | | Salary shall be equal to the actual salary paid as reported | 22 | | to the Fund excluding overtime or extra service and is subject | 23 | | to the limitations of subsection (a) of Section 1-117 and |
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| 1 | | subsection (b-5) of Section 1-160. This amendatory Act of the | 2 | | 98th General Assembly is intended to be a restatement and | 3 | | clarification of existing law and does not imply that salary | 4 | | was previously based on any amounts other than paid salary.
| 5 | | (b) Beginning July 1, 1957, if appropriated, fixed or | 6 | | arranged on
other than an annual basis, the applicable | 7 | | schedules specified in
Section 9-221 shall be used for | 8 | | conversion of the salary to an annual
basis . ;
| 9 | | (c) For periods prior to January 1, 2013, where Where the | 10 | | county provides lodging, board and laundry service for
an | 11 | | employee without charge, his salary shall be considered to be | 12 | | $480 a
year more for the period from the effective date to | 13 | | August 1, 1959 and
thereafter $960 more than the amount payable | 14 | | as salary for the year, and
the salary of an employee for whom | 15 | | one or more daily meals are provided
by the county without | 16 | | charge therefor shall be considered to be $120 a
year more for | 17 | | each such daily meal for the period from the effective
date to | 18 | | August 1, 1959 and thereafter $240 more for each such daily | 19 | | meal
than the amount payable as his salary for the year.
| 20 | | (Source: P.A. 81-1536.)
| 21 | | (40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) | 22 | | Sec. 9-157. Ordinary disability benefit. An employee while | 23 | | under age 65
and prior to January 1, 1979, or while under age | 24 | | 70 and after January 1,
1979, but prior to January 1, 1987, and | 25 | | regardless of age on or after
January 1, 1987, who becomes |
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| 1 | | disabled after becoming a contributor to the
fund as the result | 2 | | of any cause other than injury incurred in the
performance of | 3 | | an act of duty is entitled to ordinary disability benefit
| 4 | | during such disability, after the first 30 days thereof. | 5 | | No employee who becomes disabled and whose disability | 6 | | commences
during any period of absence from duty without pay | 7 | | may
receive ordinary disability benefit until he recovers from | 8 | | such
disability and performs the duties of his position in the | 9 | | service for at
least 15 consecutive days, Sundays and holidays | 10 | | excepted, after his
recovery from such disability. | 11 | | The benefit shall not be allowed unless application | 12 | | therefor is made
while the disability exists, nor for any | 13 | | period of disability before 30
days before the application for | 14 | | such benefit is made. The foregoing
limitations do not apply if | 15 | | the board finds from satisfactory evidence
presented to it that | 16 | | there was reasonable cause for delay in filing such
application | 17 | | within such periods of time. | 18 | | The first payment shall be made not later than one month | 19 | | after the
benefit is granted and each subsequent payment shall | 20 | | be made not later
than one month after the last preceding | 21 | | payment. | 22 | | The disability benefit prescribed herein shall cease when | 23 | | the first of
the following dates shall occur and the employee, | 24 | | if still disabled, shall
thereafter be entitled to such annuity | 25 | | as is otherwise provided in this
Article: | 26 | | (a) the date disability ceases. |
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| 1 | | (b) the date the disabled employee attains age 65 for | 2 | | disability
commencing prior to January 1, 1979. | 3 | | (c) the date the disabled employee attains 65 for | 4 | | disability commencing
prior to attainment of age 60 in the | 5 | | service and after January 1, 1979. | 6 | | (d) the date the disabled employee attains the age of 70 | 7 | | for disability
commencing after attainment of age 60 in the | 8 | | service and after January 1, 1979. | 9 | | (e) the date the payments of the benefit shall exceed in | 10 | | the aggregate,
throughout the employee's service, a period | 11 | | equal to 1/4 of the total service
rendered prior to the date of | 12 | | disability but in no event more than 5 years.
In computing such | 13 | | total service any period during which the employee
received | 14 | | ordinary disability benefit and any period of absence from duty
| 15 | | other than paid vacation shall be excluded. | 16 | | Any employee whose duty disability benefit was terminated | 17 | | on or after
January 1, 1979 by reason of his attainment of age | 18 | | 65 and who continues to
be disabled after age 65 may elect | 19 | | before July 1, 1986 to have such
benefits resumed beginning at | 20 | | the time of such termination and continuing
until termination | 21 | | is required under this Section as amended by this
amendatory | 22 | | Act of 1985. The amount payable to any employee for such
| 23 | | resumed benefit for any period shall be reduced by the amount | 24 | | of any
retirement annuity paid to such employee under this | 25 | | Article for the same
period of time or by any refund paid in | 26 | | lieu of annuity. |
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| 1 | | Any employee whose disability benefit was terminated on or | 2 | | after
January 1, 1987 by reason of his attainment of age 70, | 3 | | and who continues to
be disabled after age 70, may elect before | 4 | | March 31, 1988, to have such
benefits resumed beginning at the | 5 | | time of such termination and continuing
until termination is | 6 | | required under this Section as amended by this
amendatory Act | 7 | | of 1987. The amount payable to any employee for such
resumed | 8 | | benefit for any period shall be reduced by the amount of any
| 9 | | retirement annuity paid to such employee under this Article for | 10 | | the same
period of time or by any refund paid in lieu of | 11 | | annuity. | 12 | | Ordinary disability benefit shall be 50% of the employee's | 13 | | salary at
the date of disability. The salary at the date of | 14 | | disability shall be based on the percentage, not to exceed | 15 | | 100%, of hours paid, contributed on, and reported to the Fund | 16 | | during the prior 365 days divided by 2080. Instead of all | 17 | | amounts ordinarily contributed by
an employee and by the county | 18 | | for age and service
annuity and widow's annuity based on the | 19 | | salary at date of disability,
the county shall contribute sums | 20 | | equal to such amounts for any period
during which the employee | 21 | | receives ordinary disability and such is
deemed for annuity and | 22 | | refund purposes as amounts contributed by him. The
county shall | 23 | | also contribute 1/2 of 1% salary deductions required
as a | 24 | | contribution from the employee under Section 9-133. This | 25 | | amendatory Act of the 98th General Assembly is intended to be a | 26 | | restatement and clarification of existing law. |
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| 1 | | An employee who has withdrawn from service or was laid off | 2 | | for any
reason, who is absent from service thereafter for 60 | 3 | | days or more who
re-enters the service subsequent to such | 4 | | absence is not entitled to
ordinary disability benefit unless | 5 | | he renders at least 6 months of
service subsequent to the date | 6 | | of such last re-entry. | 7 | | (Source: P.A. 96-1466, eff. 8-20-10.)
| 8 | | (40 ILCS 5/9-221) (from Ch. 108 1/2, par. 9-221)
| 9 | | Sec. 9-221. Basis of annual salary.
| 10 | | (a) For the purpose of this Article, annual salary of an | 11 | | employee whose
salary or wages is arranged upon other than a | 12 | | yearly basis, shall be
determined according to the months, | 13 | | weeks, days, or hours, for which the
position held by the | 14 | | employee is appropriated for or as the employee in
such | 15 | | position, normally and regularly works, as follows:
| 16 | | Monthly Basis:--Not less than 9 nor more than 12 times such | 17 | | monthly
salary, unless the appropriation for such position is | 18 | | for a shorter period;
| 19 | | Weekly Basis:--Not less than 39 nor more than 52 times such | 20 | | weekly
salary, unless the appropriation for such position is | 21 | | for a shorter period;
| 22 | | Daily Basis:--Not less than 260 nor more than 300 times | 23 | | such daily wage,
unless the appropriation for such position is | 24 | | for a shorter period;
| 25 | | Hourly Basis:--Not less than 2080 nor more than 2400 times |
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| 1 | | such hourly
wage, unless the appropriation for such position is | 2 | | for a shorter period.
| 3 | | Any computation hereunder shall exclude all overtime or | 4 | | extra service.
| 5 | | (b) For the purposes of this Article, where a definite | 6 | | annual, monthly,
daily or hourly salary scale is not | 7 | | established in the annual county
appropriation ordinance, the | 8 | | amount of annual salary, wages or other
compensation shall be | 9 | | the highest average annual salary for any 5
consecutive years | 10 | | within the last 10 years of service immediately preceding
the | 11 | | date of determination of benefits of each such employee subject | 12 | | to the
maximum annual salary prescribed herein and such annual | 13 | | salary divided by
12 shall be taken as the monthly salary for | 14 | | purposes of the Article;
provided, no amount of salary in | 15 | | excess of an amount equal to 1/12 of such
average annual salary | 16 | | for service rendered in any one month shall be
considered. In | 17 | | such a case the board shall fix by appropriate rules and
| 18 | | regulations how much service in any year is equivalent to one | 19 | | year of
service.
| 20 | | Salary shall be equal to the actual salary paid as reported | 21 | | to the Fund excluding overtime or extra service and is subject | 22 | | to the limitations of subsection (a) of Section 1-117 and | 23 | | subsection (b-5) of Section 1-160. This amendatory Act of the | 24 | | 98th General Assembly is intended to be a restatement and | 25 | | clarification of existing law and does not imply that salary | 26 | | was previously based on any amounts other than paid salary. |
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| 1 | | (Source: Laws 1963, p. 161.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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