Full Text of SB0368 100th General Assembly
SB0368sam001 100TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/31/2017
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| 1 | | AMENDMENT TO SENATE BILL 368
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 368 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 14-103.05 as follows:
| 6 | | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 7 | | Sec. 14-103.05. Employee.
| 8 | | (a) Any person employed by a Department who receives salary
| 9 | | for personal services rendered to the Department on a warrant
| 10 | | issued pursuant to a payroll voucher certified by a Department | 11 | | and drawn
by the State Comptroller upon the State Treasurer, | 12 | | including an elected
official described in subparagraph (d) of | 13 | | Section 14-104, shall become
an employee for purpose of | 14 | | membership in the Retirement System on the
first day of such | 15 | | employment.
| 16 | | A person entering service on or after January 1, 1972 and |
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| 1 | | prior to January
1, 1984 shall become a member as a condition | 2 | | of employment and shall begin
making contributions as of the | 3 | | first day of employment.
| 4 | | A person entering service on or after January 1, 1984 | 5 | | shall, upon completion
of 6 months of continuous service which | 6 | | is not interrupted by a break of more
than 2 months, become a | 7 | | member as a condition of employment. Contributions
shall begin | 8 | | the first of the month after completion of the qualifying | 9 | | period.
| 10 | | A person employed by the Chicago Metropolitan Agency for | 11 | | Planning on the effective date of this amendatory Act of the | 12 | | 95th General Assembly who was a member of this System as an | 13 | | employee of the Chicago Area Transportation Study and makes an | 14 | | election under Section 14-104.13 to participate in this System | 15 | | for his or her employment with the Chicago Metropolitan Agency | 16 | | for Planning.
| 17 | | The qualifying period of 6 months of service is not | 18 | | applicable to: (1)
a person who has been granted credit for | 19 | | service in a position covered by
the State Universities | 20 | | Retirement System, the Teachers' Retirement System
of the State | 21 | | of Illinois, the General Assembly Retirement System, or the
| 22 | | Judges Retirement System of Illinois unless that service has | 23 | | been forfeited
under the laws of those systems; (2) a person | 24 | | entering service on or
after July 1, 1991 in a noncovered | 25 | | position; (3) a person to whom Section
14-108.2a or 14-108.2b | 26 | | applies; or (4) a person to whom subsection (a-5) of this |
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| 1 | | Section applies.
| 2 | | (a-5) A person entering service on or after December 1, | 3 | | 2010 shall become a member as a condition of employment and | 4 | | shall begin making contributions as of the first day of | 5 | | employment. A person serving in the qualifying period on | 6 | | December 1, 2010 will become a member on December 1, 2010 and | 7 | | shall begin making contributions as of December 1, 2010. | 8 | | (b) The term "employee" does not include the following:
| 9 | | (1) members of the State Legislature, and persons | 10 | | electing to become
members of the General Assembly | 11 | | Retirement System pursuant to Section 2-105;
| 12 | | (2) incumbents of offices normally filled by vote of | 13 | | the people;
| 14 | | (3) except as otherwise provided in this Section, any | 15 | | person
appointed by the Governor with the advice and | 16 | | consent
of the Senate unless that person elects to | 17 | | participate in this system;
| 18 | | (3.1) any person serving as a commissioner of an ethics | 19 | | commission created under the State Officials and Employees | 20 | | Ethics Act unless that person elects to participate in this | 21 | | system with respect to that service as a commissioner;
| 22 | | (3.2) any person serving as a part-time employee in any | 23 | | of the following positions: Legislative Inspector General, | 24 | | Special Legislative Inspector General, employee of the | 25 | | Office of the Legislative Inspector General, Executive | 26 | | Director of the Legislative Ethics Commission, or staff of |
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| 1 | | the Legislative Ethics Commission, regardless of whether | 2 | | he or she is in active service on or after July 8, 2004 | 3 | | (the effective date of Public Act 93-685), unless that | 4 | | person elects to participate in this System with respect to | 5 | | that service; in this item (3.2), a "part-time employee" is | 6 | | a person who is not required to work at least 35 hours per | 7 | | week; | 8 | | (3.3) any person who has made an election under Section | 9 | | 1-123 and who is serving either as legal counsel in the | 10 | | Office of the Governor or as Chief Deputy Attorney General;
| 11 | | (4) except as provided in Section 14-108.2 or | 12 | | 14-108.2c, any person
who is covered or eligible to be | 13 | | covered by the Teachers' Retirement System of
the State of | 14 | | Illinois, the State Universities Retirement System, or the | 15 | | Judges
Retirement System of Illinois;
| 16 | | (5) an employee of a municipality or any other | 17 | | political subdivision
of the State;
| 18 | | (6) any person who becomes an employee after June 30, | 19 | | 1979 as a
public service employment program participant | 20 | | under the Federal
Comprehensive Employment and Training | 21 | | Act and whose wages or fringe
benefits are paid in whole or | 22 | | in part by funds provided under such Act;
| 23 | | (7) enrollees of the Illinois Young Adult Conservation | 24 | | Corps program,
administered by the Department of Natural | 25 | | Resources, authorized grantee
pursuant to Title VIII of the | 26 | | "Comprehensive Employment and Training Act of
1973", 29 USC |
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| 1 | | 993, as now or hereafter amended;
| 2 | | (8) enrollees and temporary staff of programs | 3 | | administered by the
Department of Natural Resources under | 4 | | the Youth
Conservation Corps Act of 1970;
| 5 | | (9) any person who is a member of any professional | 6 | | licensing or
disciplinary board created under an Act | 7 | | administered by the Department of
Professional Regulation | 8 | | or a successor agency or created or re-created
after the | 9 | | effective date of this amendatory Act of 1997, and who | 10 | | receives
per diem compensation rather than a salary, | 11 | | notwithstanding that such per diem
compensation is paid by | 12 | | warrant issued pursuant to a payroll voucher; such
persons | 13 | | have never been included in the membership of this System, | 14 | | and this
amendatory Act of 1987 (P.A. 84-1472) is not | 15 | | intended to effect any change in
the status of such | 16 | | persons;
| 17 | | (10) any person who is a member of the Illinois Health | 18 | | Care Cost
Containment Council, and receives per diem | 19 | | compensation rather than a
salary, notwithstanding that | 20 | | such per diem compensation is paid by warrant
issued | 21 | | pursuant to a payroll voucher; such persons have never been | 22 | | included
in the membership of this System, and this | 23 | | amendatory Act of 1987 is not
intended to effect any change | 24 | | in the status of such persons;
| 25 | | (11) any person who is a member of the Oil and Gas | 26 | | Board created by
Section 1.2 of the Illinois Oil and Gas |
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| 1 | | Act, and receives per diem
compensation rather than a | 2 | | salary, notwithstanding that such per diem
compensation is | 3 | | paid by warrant issued pursuant to a payroll voucher;
| 4 | | (12) a person employed by the State Board of Higher | 5 | | Education in a position with the Illinois Century Network | 6 | | as of June 30, 2004, who remains continuously employed | 7 | | after that date by the Department of Central Management | 8 | | Services in a position with the Illinois Century Network | 9 | | and participates in the Article 15 system with respect to | 10 | | that employment;
| 11 | | (13) any person who first becomes a member of the Civil | 12 | | Service Commission on or after January 1, 2012; | 13 | | (14) any person, other than the Director of Employment | 14 | | Security, who first becomes a member of the Board of Review | 15 | | of the Department of Employment Security on or after | 16 | | January 1, 2012; | 17 | | (15) any person who first becomes a member of the Civil | 18 | | Service Commission on or after January 1, 2012; | 19 | | (16) any person who first becomes a member of the | 20 | | Illinois Liquor Control Commission on or after January 1, | 21 | | 2012; | 22 | | (17) any person who first becomes a member of the | 23 | | Secretary of State Merit Commission on or after January 1, | 24 | | 2012; | 25 | | (18) any person who first becomes a member of the Human | 26 | | Rights Commission on or after January 1, 2012; |
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| 1 | | (19) any person who first becomes a member of the State | 2 | | Mining Board on or after January 1, 2012; | 3 | | (20) any person who first becomes a member of the | 4 | | Property Tax Appeal Board on or after January 1, 2012; | 5 | | (21) any person who first becomes a member of the | 6 | | Illinois Racing Board on or after January 1, 2012; | 7 | | (22) any person who first becomes a member of the | 8 | | Department of State Police Merit Board on or after January | 9 | | 1, 2012; | 10 | | (23) any person who first becomes a member of the | 11 | | Illinois State Toll Highway Authority on or after January | 12 | | 1, 2012; or | 13 | | (24) any person who first becomes a member of the | 14 | | Illinois State Board of Elections on or after January 1, | 15 | | 2012 ; . | 16 | | (25) any person who first becomes a member of the Court | 17 | | of Claims on or after the effective date of this amendatory | 18 | | Act of the 100th General Assembly; | 19 | | (26) any person who first becomes a member of the | 20 | | Illinois Educational Labor Relations Board on or after the | 21 | | effective date of this amendatory Act of the 100th General | 22 | | Assembly; | 23 | | (27) any person who first becomes a member of the | 24 | | Illinois Labor Relations Board on or after the effective | 25 | | date of this amendatory Act of the 100th General Assembly; | 26 | | (28) any person who first becomes a member of the |
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| 1 | | Pollution Control Board on or after the effective date of | 2 | | this amendatory Act of the 100th General Assembly; | 3 | | (29) any person who first becomes a member of the | 4 | | Prisoner Review Board on or after the effective date of | 5 | | this amendatory Act of the 100th General Assembly; or | 6 | | (30) any person who first becomes a member of the | 7 | | Illinois Workers' Compensation Commission on or after the | 8 | | effective date of this amendatory Act of the 100th General | 9 | | Assembly. | 10 | | (c) An individual who represents or is employed as an | 11 | | officer or employee of a statewide labor organization that | 12 | | represents members of this System may participate in the System | 13 | | and shall be deemed an employee, provided that (1) the | 14 | | individual has previously earned creditable service under this | 15 | | Article, (2) the individual files with the System an | 16 | | irrevocable election to become a participant within 6 months | 17 | | after the effective date of this amendatory Act of the 94th | 18 | | General Assembly, and (3) the individual does not receive | 19 | | credit for that employment under any other provisions of this | 20 | | Code. An employee under this subsection (c) is responsible for | 21 | | paying to the System both (i) employee contributions based on | 22 | | the actual compensation received for service with the labor | 23 | | organization and (ii) employer contributions based on the | 24 | | percentage of payroll certified by the board; all or any part | 25 | | of these contributions may be paid on the employee's behalf or | 26 | | picked up for tax purposes (if authorized under federal law) by |
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| 1 | | the labor organization. | 2 | | A person who is an employee as defined in this subsection | 3 | | (c) may establish service credit for similar employment prior | 4 | | to becoming an employee under this subsection by paying to the | 5 | | System for that employment the contributions specified in this | 6 | | subsection, plus interest at the effective rate from the date | 7 | | of service to the date of payment. However, credit shall not be | 8 | | granted under this subsection (c) for any such prior employment | 9 | | for which the applicant received credit under any other | 10 | | provision of this Code or during which the applicant was on a | 11 | | leave of absence.
| 12 | | (Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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