Full Text of SB0701 100th General Assembly
SB0701eng 100TH 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 | | Section 7-114 as follows:
| 6 | | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been
held unconstitutional)
| 9 | | Sec. 7-114. Earnings. "Earnings":
| 10 | | (a) An amount to be determined by the board, equal to the | 11 | | sum of:
| 12 | | 1. The total amount of money paid to an employee for | 13 | | personal
services or official duties as an employee (except | 14 | | those employed as
independent contractors) paid out of the | 15 | | general fund, or out of any
special funds controlled by the | 16 | | municipality, or by any instrumentality
thereof, or | 17 | | participating instrumentality, including compensation, | 18 | | fees,
allowances (but not including amounts associated | 19 | | with a vehicle allowance payable to an employee who first | 20 | | becomes a participating employee on or after the effective | 21 | | date of this amendatory Act of the 100th General Assembly) , | 22 | | or other emolument paid for official duties (but not
| 23 | | including automobile maintenance, travel expense, or |
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| 1 | | reimbursements for
expenditures incurred in the | 2 | | performance of duties) and, for fee
offices, the fees or | 3 | | earnings of the offices to the extent such fees are
paid | 4 | | out of funds controlled by the municipality, or | 5 | | instrumentality or
participating instrumentality; and
| 6 | | 2. The money value, as determined by rules prescribed | 7 | | by the
governing body of the municipality, or | 8 | | instrumentality thereof, of any
board, lodging, fuel, | 9 | | laundry, and other allowances provided an employee
in lieu | 10 | | of money.
| 11 | | (b) For purposes of determining benefits payable under this | 12 | | fund
payments to a person who is engaged in an independently | 13 | | established
trade, occupation, profession or business and who | 14 | | is paid for his
service on a basis other than a monthly or | 15 | | other regular salary, are not
earnings.
| 16 | | (c) If a disabled participating employee is eligible to | 17 | | receive Workers'
Compensation for an accidental injury and the | 18 | | participating municipality or
instrumentality which employed | 19 | | the participating employee when injured
continues to pay the | 20 | | participating employee regular salary or other
compensation or | 21 | | pays the employee an amount in excess of the Workers'
| 22 | | Compensation amount, then earnings shall be deemed to be the | 23 | | total payments,
including an amount equal to the Workers' | 24 | | Compensation payments. These
payments shall be subject to | 25 | | employee contributions and allocated as if paid to
the | 26 | | participating employee when the regular payroll amounts would |
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| 1 | | have been
paid if the participating employee had continued | 2 | | working, and creditable
service shall be awarded for this | 3 | | period.
| 4 | | (d) If an elected official who is a participating employee | 5 | | becomes disabled
but does not resign and is not removed from | 6 | | office, then earnings shall include
all salary payments made | 7 | | for the remainder of that term of office and the
official shall | 8 | | be awarded creditable service for the term of office.
| 9 | | (e) If a participating employee is paid pursuant to "An Act | 10 | | to provide for
the continuation of compensation for law | 11 | | enforcement officers, correctional
officers and firemen who | 12 | | suffer disabling injury in the line of duty", approved
| 13 | | September 6, 1973, as amended, the payments shall be deemed | 14 | | earnings, and the
participating employee shall be awarded | 15 | | creditable service for this period.
| 16 | | (f) Additional compensation received by a person while | 17 | | serving as a
supervisor of assessments, assessor, deputy | 18 | | assessor or member of a board of
review from the State of | 19 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | 20 | | Code shall not be
earnings for purposes of this Article and | 21 | | shall not be included in the
contribution formula or | 22 | | calculation of benefits for such person pursuant to
this | 23 | | Article.
| 24 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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