Full Text of HB1154 98th General Assembly
HB1154eng 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 6. The Illinois Pension Code is amended by changing | 5 | | Sections 2-108, 14-103.10, 15-111, and 16-121 and by adding | 6 | | Sections 2-105.1, 14-103.40, 15-107.1, and 16-106.4 as | 7 | | follows: | 8 | | (40 ILCS 5/2-105.1 new) | 9 | | Sec. 2-105.1. Tier I participant. "Tier I participant": A | 10 | | participant who first became a participant before January 1, | 11 | | 2011.
| 12 | | (40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
| 13 | | Sec. 2-108. Salary. "Salary": (1) For members of the | 14 | | General Assembly,
the total compensation paid to the member by | 15 | | the State for one
year of service, including the additional | 16 | | amounts, if any, paid to
the member as an officer pursuant to | 17 | | Section 1 of "An Act
in relation to the compensation and | 18 | | emoluments of the members of the
General Assembly", approved | 19 | | December 6, 1907, as now or hereafter
amended.
| 20 | | (2) For the State executive officers specified
in Section | 21 | | 2-105, the total compensation paid to the member for one year
| 22 | | of service.
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| 1 | | (3) For members of the System who are participants under | 2 | | Section
2-117.1, or who are serving as Clerk or Assistant Clerk | 3 | | of the House of
Representatives or Secretary or Assistant | 4 | | Secretary of the Senate, the
total compensation paid to the | 5 | | member for one year of service, but not to
exceed the salary of | 6 | | the highest salaried officer of the General Assembly.
| 7 | | However, in the event that federal law results in any | 8 | | participant
receiving imputed income based on the value of | 9 | | group term life insurance
provided by the State, such imputed | 10 | | income shall not be included in salary
for the purposes of this | 11 | | Article.
| 12 | | Notwithstanding any other provision of this Code, the | 13 | | salary of a Tier I participant for the purposes of this Code | 14 | | shall not exceed, for periods of service in a term of office | 15 | | beginning on or after the effective date of this amendatory Act | 16 | | of the 98th General Assembly, the greater of (i) the annual | 17 | | contribution and benefit base established for the applicable | 18 | | year by the Commissioner of Social Security under the federal | 19 | | Social Security Act or (ii) the annual salary of the | 20 | | participant during the 365 days immediately preceding that | 21 | | effective date. | 22 | | (Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
| 23 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
| 24 | | Sec. 14-103.10. Compensation.
| 25 | | (a) For periods of service prior to January 1, 1978, the |
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| 1 | | full rate of salary
or wages payable to an employee for | 2 | | personal services performed if he worked
the full normal | 3 | | working period for his position, subject to the following
| 4 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or | 5 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 | 6 | | inclusive, $625 per month or $7,500
per year; (3) beginning | 7 | | July 1, 1957, no limitation.
| 8 | | In the case of service of an employee in a position | 9 | | involving
part-time employment, compensation shall be | 10 | | determined according to the
employees' earnings record.
| 11 | | (b) For periods of service on and after January 1, 1978, | 12 | | all
remuneration for personal services performed defined as | 13 | | "wages" under
the Social Security Enabling Act, including that | 14 | | part of such
remuneration which is in excess of any maximum | 15 | | limitation provided in
such Act, and including any benefits | 16 | | received by an employee under a sick
pay plan in effect before | 17 | | January 1, 1981, but excluding lump sum salary
payments:
| 18 | | (1) for vacation,
| 19 | | (2) for accumulated unused sick leave,
| 20 | | (3) upon discharge or dismissal,
| 21 | | (4) for approved holidays.
| 22 | | (c) For periods of service on or after December 16, 1978, | 23 | | compensation
also includes any benefits, other than lump sum | 24 | | salary payments made at
termination of employment, which an | 25 | | employee receives or is eligible to
receive under a sick pay | 26 | | plan authorized by law.
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| 1 | | (d) For periods of service after September 30, 1985, | 2 | | compensation also
includes any remuneration for personal | 3 | | services not included as "wages"
under the Social Security | 4 | | Enabling Act, which is deducted for purposes of
participation | 5 | | in a program established pursuant to Section 125 of the
| 6 | | Internal Revenue Code or its successor laws.
| 7 | | (e) For members for which Section 1-160 applies for periods | 8 | | of service on and after January 1, 2011, all remuneration for | 9 | | personal services performed defined as "wages" under the Social | 10 | | Security Enabling Act, excluding remuneration that is in excess | 11 | | of the annual earnings, salary, or wages of a member or | 12 | | participant, as provided in subsection (b-5) of Section 1-160, | 13 | | but including any benefits received by an employee under a sick | 14 | | pay plan in effect before January 1, 1981.
Compensation shall | 15 | | exclude lump sum salary payments: | 16 | | (1) for vacation; | 17 | | (2) for accumulated unused sick leave; | 18 | | (3) upon discharge or dismissal; and | 19 | | (4) for approved holidays. | 20 | | (f) Notwithstanding any other provision of this Code, the | 21 | | compensation of a Tier I member for the purposes of this Code | 22 | | shall not exceed, for periods of service on or after the | 23 | | effective date of this amendatory Act of the 98th General | 24 | | Assembly, the greater of (i) the annual contribution and | 25 | | benefit base established for the applicable year by the | 26 | | Commissioner of Social Security under the federal Social |
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| 1 | | Security Act or (ii) the annual compensation of the member | 2 | | during the 365 days immediately preceding that effective date; | 3 | | except that this limitation does not apply to a member's | 4 | | compensation that is determined under an employment contract or | 5 | | collective bargaining agreement that is in effect on the | 6 | | effective date of this amendatory Act of the 98th General | 7 | | Assembly and has not been amended or renewed after that date. | 8 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 9 | | (40 ILCS 5/14-103.40 new) | 10 | | Sec. 14-103.40. Tier I member. "Tier I member": A member of | 11 | | this System who first became a member or participant before | 12 | | January 1, 2011 under any reciprocal retirement system or | 13 | | pension fund established under this Code other than a | 14 | | retirement system or pension fund established under Article 2, | 15 | | 3, 4, 5, 6, or 18 of this Code. | 16 | | (40 ILCS 5/15-107.1 new) | 17 | | Sec. 15-107.1. Tier I participant. "Tier I participant": A | 18 | | participant under this Article, other than a participant in the | 19 | | self-managed plan under Section 15-158.2, who first became a | 20 | | member or participant before January 1, 2011 under any | 21 | | reciprocal retirement system or pension fund established under | 22 | | this Code other than a retirement system or pension fund | 23 | | established under Article 2, 3, 4, 5, 6, or 18 of this Code.
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| 1 | | (40 ILCS 5/15-111) (from Ch. 108 1/2, par. 15-111)
| 2 | | Sec. 15-111. Earnings.
"Earnings": An amount paid for | 3 | | personal services equal to the sum of
the basic compensation | 4 | | plus extra compensation for summer teaching,
overtime or other | 5 | | extra service. For periods for which an employee receives
| 6 | | service credit under subsection (c) of Section 15-113.1 or | 7 | | Section 15-113.2,
earnings are equal to the basic compensation | 8 | | on which contributions are
paid by the employee during such | 9 | | periods. Compensation for employment which is
irregular, | 10 | | intermittent and temporary shall not be considered earnings, | 11 | | unless
the participant is also receiving earnings from the | 12 | | employer as an employee
under Section 15-107.
| 13 | | With respect to transition pay paid by the University of | 14 | | Illinois to a
person who was a participating employee employed | 15 | | in the fire department of
the University of Illinois's | 16 | | Champaign-Urbana campus immediately prior to
the elimination | 17 | | of that fire department:
| 18 | | (1) "Earnings" includes transition pay paid to the | 19 | | employee on or after
the effective date of this amendatory | 20 | | Act of the 91st General Assembly.
| 21 | | (2) "Earnings" includes transition pay paid to the | 22 | | employee before the
effective date of this amendatory Act | 23 | | of the 91st General Assembly only if (i)
employee | 24 | | contributions under Section 15-157 have been withheld from | 25 | | that
transition pay or (ii) the employee pays to the System | 26 | | before January 1, 2001
an amount representing employee |
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| 1 | | contributions under Section 15-157 on that
transition pay. | 2 | | Employee contributions under item (ii) may be paid in a | 3 | | lump
sum, by withholding from additional transition pay | 4 | | accruing before January 1,
2001, or in any other manner | 5 | | approved by the System. Upon payment of the
employee | 6 | | contributions on transition pay, the corresponding | 7 | | employer
contributions become an obligation of the State.
| 8 | | Notwithstanding any other provision of this Code, the | 9 | | earnings of a Tier I participant for the purposes of this Code | 10 | | shall not exceed, for periods of service on or after the | 11 | | effective date of this amendatory Act of the 98th General | 12 | | Assembly, the greater of (i) the annual contribution and | 13 | | benefit base established for the applicable year by the | 14 | | Commissioner of Social Security under the federal Social | 15 | | Security Act or (ii) the annual earnings of the participant | 16 | | during the 365 days immediately preceding that effective date; | 17 | | except that this limitation does not apply to a participant's | 18 | | earnings that are determined under an employment contract or | 19 | | collective bargaining agreement that is in effect on the | 20 | | effective date of this amendatory Act of the 98th General | 21 | | Assembly and has not been amended or renewed after that date. | 22 | | (Source: P.A. 91-887, eff. 7-6-00.)
| 23 | | (40 ILCS 5/16-106.4 new) | 24 | | Sec. 16-106.4. Tier I member. "Tier I member": A member | 25 | | under this Article who first became a member or participant |
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| 1 | | before January 1, 2011 under any reciprocal retirement system | 2 | | or pension fund established under this Code other than a | 3 | | retirement system or pension fund established under Article 2, | 4 | | 3, 4, 5, 6, or 18 of this Code.
| 5 | | (40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121)
| 6 | | Sec. 16-121. Salary. "Salary": The actual compensation | 7 | | received by a teacher during any
school year and recognized by | 8 | | the system in accordance with
rules of the board. For purposes | 9 | | of this Section, "school year" includes
the regular school term | 10 | | plus any additional period for which a teacher is
compensated | 11 | | and such compensation is recognized by the rules of the board.
| 12 | | Notwithstanding any other provision of this Code, the | 13 | | salary of a Tier I member for the purposes of this Code shall | 14 | | not exceed, for periods of service on or after the effective | 15 | | date of this amendatory Act of the 98th General Assembly, the | 16 | | greater of (i) the annual contribution and benefit base | 17 | | established for the applicable year by the Commissioner of | 18 | | Social Security under the federal Social Security Act or (ii) | 19 | | the annual salary of the member during the 365 days immediately | 20 | | preceding that effective date; except that this limitation does | 21 | | not apply to a member's salary that is determined under an | 22 | | employment contract or collective bargaining agreement that is | 23 | | in effect on the effective date of this amendatory Act of the | 24 | | 98th General Assembly and has not been amended or renewed after | 25 | | that date. |
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| 1 | | (Source: P.A. 84-1028.)
| 2 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.37 as follows: | 4 | | (30 ILCS 805/8.37 new) | 5 | | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | 6 | | of this Act, no reimbursement by the State is required for the | 7 | | implementation of any mandate created by this amendatory Act of | 8 | | the 98th General Assembly. | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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