Full Text of HB1187 94th General Assembly
HB1187 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1187
Introduced 2/8/2005, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/7-116 |
from Ch. 108 1/2, par. 7-116 |
40 ILCS 5/7-139 |
from Ch. 108 1/2, par. 7-139 |
40 ILCS 5/7-147 |
from Ch. 108 1/2, par. 7-147 |
40 ILCS 5/7-174 |
from Ch. 108 1/2, par. 7-174 |
30 ILCS 805/8.29 new |
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Amends the IMRF Article of the Illinois Pension Code. Grants service credit for the first month of participating employment, even if a paycheck is not issued during that month. Changes the manner of calculating the contribution required for establishing certain prior service credit. For persons switching from total and permanent disability to a retirement annuity, includes any accrued increases in the disability benefit in the final rate of earnings for retirement annuity purposes. Allows disability benefits to be retroactive to the beginning of the previous calendar year. Makes the annuitant trustee a voting member of the Board and increases the number of votes required for action to 5. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1187 |
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LRB094 04141 EFG 34162 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 7-116, 7-139, 7-147, and 7-174 as follows:
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| (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
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| Sec. 7-116. "Final rate of earnings":
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| (a) For retirement and survivor annuities, the monthly | 9 |
| earnings obtained
by dividing the total earnings received by | 10 |
| the employee during the period of
either (1) the 48 consecutive | 11 |
| months of service within the last 120 months of
service in | 12 |
| which his total earnings were the highest or (2) the
employee's | 13 |
| total period of service, by the number of months
of service in | 14 |
| such period. For a person switching from a total and permanent | 15 |
| disability benefit to a retirement annuity, calculation of the | 16 |
| final rate of earnings for retirement annuity purposes shall | 17 |
| include all annual or one-time increases in the disability | 18 |
| benefit that have accrued.
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| (b) For death benefits, the higher of the rate determined | 20 |
| under
paragraph (a) of this Section or total earnings received | 21 |
| in the last 12 months
of service divided by twelve. If the | 22 |
| deceased employee has less than 12 months
of service, the | 23 |
| monthly final rate shall be the monthly rate of pay the
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| employee was receiving when he began service.
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| (c) For disability benefits, the total earnings of a | 26 |
| participating
employee in the last 12 calendar months of | 27 |
| service prior to the date he
becomes disabled divided by 12.
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| (d) In computing the final rate of earnings: (1) the | 29 |
| earnings rate for
all periods of prior service for which an | 30 |
| employee contribution has been paid under subdivision (a)1 of | 31 |
| Section 7-139 shall be the salary rate used in computing that | 32 |
| contribution, and for other periods of prior service shall be |
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| considered equal to the average
earnings rate for the last 3 | 2 |
| calendar years of prior service for
which creditable service is | 3 |
| received under Section 7-139 or, if there is less than 3 years | 4 |
| of
creditable prior service, the average for the total prior | 5 |
| service period
for which creditable service is received under | 6 |
| Section 7-139; (2) for out
of state service and authorized
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| leave, the earnings rate shall be the rate upon which service | 8 |
| credits are
granted; (3) periods of military leave shall not be | 9 |
| considered; (4) the
earnings rate for all periods of disability | 10 |
| shall be considered equal to
the rate of earnings upon which | 11 |
| the employee's disability benefits are
computed for such | 12 |
| periods; (5) the earnings to be considered for each of
the | 13 |
| final three months of the final earnings period shall not | 14 |
| exceed 125%
of the highest earnings of any other month in the | 15 |
| final earnings period;
and (6) the annual amount of final rate | 16 |
| of earnings shall be the monthly
amount multiplied by the | 17 |
| number of months of service normally required by
the position | 18 |
| in a year.
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| (Source: P.A. 90-448, eff. 8-16-97.)
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| (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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| Sec. 7-139. Credits and creditable service to employees.
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| (a) Each participating employee shall be granted credits | 23 |
| and creditable
service, for purposes of determining the amount | 24 |
| of any annuity or benefit
to which he or a beneficiary is | 25 |
| entitled, as follows:
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| 1. For prior service: Each participating employee who | 27 |
| is an employee
of a participating municipality or | 28 |
| participating instrumentality on the
effective date shall | 29 |
| be granted creditable service, but no credits under
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| paragraph 2 of this subsection (a), for periods of prior | 31 |
| service for which
credit has not been received under any | 32 |
| other pension fund or retirement system
established under | 33 |
| this Code, as follows:
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| If the effective date of participation for the | 35 |
| participating municipality
or participating |
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| instrumentality is on or before January 1, 1998, creditable
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| service shall be granted for the entire period of prior | 3 |
| service with that
employer without any employee | 4 |
| contribution.
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| If the effective date of participation for the | 6 |
| participating municipality
or participating | 7 |
| instrumentality is after January 1, 1998, creditable
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| service shall be granted for the last 20% of the period of | 9 |
| prior service with
that employer, but no more than 5 years, | 10 |
| without any employee contribution. A
participating | 11 |
| employee may establish creditable service for the | 12 |
| remainder of
the period of prior service with that employer | 13 |
| by making an application in
writing, accompanied by payment | 14 |
| of an employee contribution in an
amount determined by the | 15 |
| Fund, based on the employee contribution rates in
effect at | 16 |
| the time of application for the creditable service and the | 17 |
| employee's
actual salary rate during that prior service
on | 18 |
| the effective date of participation for that employer , plus
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| interest at the effective rate from the date of the prior | 20 |
| service to the date
of payment. Application for this | 21 |
| creditable service may be made at any time
while the | 22 |
| employee is still in service.
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| A municipality that (i) has at least 35 employees; (ii) | 24 |
| is located in a county with at least 2,000,000 inhabitants; | 25 |
| and (iii) maintains an independent defined benefit pension | 26 |
| plan for the benefit of its eligible employees may restrict | 27 |
| creditable service in whole or in part for periods of prior | 28 |
| service with the employer if the governing body of the | 29 |
| municipality adopts an irrevocable resolution to restrict | 30 |
| that creditable service and files the resolution with the | 31 |
| board before the municipality's effective date of | 32 |
| participation.
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| Any person who has withdrawn from the service of a | 34 |
| participating
municipality
or participating | 35 |
| instrumentality prior to the effective date, who reenters
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| the service of the same municipality or participating |
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| instrumentality after
the effective date and becomes a | 2 |
| participating employee is entitled to
creditable service | 3 |
| for prior service as otherwise provided in this
subdivision | 4 |
| (a)(1) only if he or she renders 2 years of service as a
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| participating employee after the effective date. | 6 |
| Application
for such service must be made while in a | 7 |
| participating status.
The salary rate to be used in the | 8 |
| calculation of the required employee
contribution, if any, | 9 |
| shall be the employee's actual salary rate during that | 10 |
| prior service
the employee's salary rate at the time of | 11 |
| first
reentering service with the employer after the | 12 |
| employer's effective date of
participation .
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| The changes to this subdivision (a)1 made by this | 14 |
| amendatory Act of the 94th General Assembly, relating to | 15 |
| the salary rate used in calculating contributions for prior | 16 |
| service, are prospective only; they do not increase the | 17 |
| required amount of, nor entitle any person to a refund of, | 18 |
| any contribution for prior service already paid.
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| 2. For current service, each participating employee | 20 |
| shall be
credited with:
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| a. Additional credits of amounts equal to each | 22 |
| payment of additional
contributions received from him | 23 |
| under Section 7-173, as of the
date the corresponding | 24 |
| payment of earnings is payable to him.
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| b. Normal credits of amounts equal to each payment | 26 |
| of normal
contributions received from him, as of the | 27 |
| date the corresponding payment of
earnings is payable | 28 |
| to him, and normal contributions made for the purpose | 29 |
| of
establishing out-of-state service credits as | 30 |
| permitted under the conditions set
forth in paragraph 6 | 31 |
| of this subsection (a).
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| c. Municipality credits in an amount equal to 1.4 | 33 |
| times the normal
credits, except those established by | 34 |
| out-of-state service credits, as of
the date of | 35 |
| computation of any benefit if these credits would | 36 |
| increase
the benefit.
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| d. Survivor credits equal to each payment of | 2 |
| survivor contributions
received from the participating | 3 |
| employee as of the date the
corresponding payment of | 4 |
| earnings is payable, and survivor contributions made
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| for the purpose of establishing out-of-state service | 6 |
| credits.
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| 3. For periods of temporary and total and permanent | 8 |
| disability
benefits, each employee receiving disability | 9 |
| benefits shall be granted
creditable service for the period | 10 |
| during which disability benefits are
payable. Normal and | 11 |
| survivor credits, based upon the rate of earnings
applied | 12 |
| for disability benefits, shall also be granted if such | 13 |
| credits
would result in a higher benefit to any such | 14 |
| employee or his
beneficiary.
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| 4. For authorized leave of absence without pay: A | 16 |
| participating
employee shall be granted credits and | 17 |
| creditable service for periods of
authorized leave of | 18 |
| absence without pay under the following
conditions:
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| a. An application for credits and creditable | 20 |
| service is submitted to the
board while the employee is | 21 |
| in a status of
active employment, and within 2 years | 22 |
| after termination of the
leave of absence period for | 23 |
| which credits and creditable service are
sought.
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| b. Not more than 12 complete months of creditable | 25 |
| service
for authorized leave of absence without pay | 26 |
| shall be counted for purposes of
determining any | 27 |
| benefits payable under this Article.
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| c. Credits and creditable service shall be granted | 29 |
| for leave of
absence only if such leave is approved by | 30 |
| the governing body of the
municipality, including | 31 |
| approval of the estimated cost thereof to the
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| municipality as determined by the fund, and employee | 33 |
| contributions, plus
interest at the effective rate | 34 |
| applicable for each year from the end of
the period of | 35 |
| leave to date of payment, have been paid to the fund in
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| accordance with Section 7-173. The contributions shall |
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| be computed upon the
assumption earnings continued | 2 |
| during the period of leave at the rate in
effect when | 3 |
| the leave began.
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| d. Benefits under the provisions of Sections | 5 |
| 7-141, 7-146, 7-150
and 7-163 shall become payable to | 6 |
| employees on authorized leave of
absence, or their | 7 |
| designated beneficiary, only if such leave of absence
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| is creditable hereunder, and if the employee has at | 9 |
| least one year of
creditable service other than the | 10 |
| service granted for leave of absence.
Any employee | 11 |
| contributions due may be deducted from any benefits
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| payable.
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| e. No credits or creditable service shall be | 14 |
| allowed for leave of
absence without pay during any | 15 |
| period of prior service.
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| 5. For military service: The governing body of a | 17 |
| municipality or
participating instrumentality may elect to | 18 |
| allow creditable service to
participating employees who | 19 |
| leave their employment to serve in the armed
forces of the | 20 |
| United States for all periods of such service, provided
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| that the person returns to active employment within 90 days | 22 |
| after
completion
of full time active duty, but no | 23 |
| creditable service shall be allowed such
person for any | 24 |
| period that can be used in the computation of a pension
or | 25 |
| any other pay or benefit, other than pay for active duty, | 26 |
| for service
in any branch of the armed forces of the United | 27 |
| States. If necessary to
the computation of any benefit, the | 28 |
| board shall establish municipality
credits for | 29 |
| participating employees under this paragraph on the
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| assumption that the employee received earnings at the rate | 31 |
| received at
the time he left the employment to enter the | 32 |
| armed forces. A
participating employee in the armed forces | 33 |
| shall not be considered an
employee during such period of | 34 |
| service and no additional death and no
disability benefits | 35 |
| are payable for death or disability during such period.
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| Any participating employee who left his employment |
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| with a
municipality or participating instrumentality to | 2 |
| serve in the armed
forces of the United States and who | 3 |
| again became a participating
employee within 90 days after | 4 |
| completion of full time active duty by
entering the service | 5 |
| of a different municipality or participating
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| instrumentality, which has elected to allow creditable | 7 |
| service for
periods of military service under the preceding | 8 |
| paragraph, shall also be
allowed creditable service for his | 9 |
| period of military service on the
same terms that would | 10 |
| apply if he had been employed, before entering
military | 11 |
| service, by the municipality or instrumentality which | 12 |
| employed
him after he left the military service and the | 13 |
| employer costs arising in
relation to such grant of | 14 |
| creditable service shall be charged to and
paid by that | 15 |
| municipality or instrumentality.
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| Notwithstanding the foregoing, any participating | 17 |
| employee
shall be entitled to creditable service as | 18 |
| required by any federal law
relating to re-employment | 19 |
| rights of persons who served in the United States
Armed | 20 |
| Services. Such creditable service shall be granted upon | 21 |
| payment by
the member of an amount equal to the employee | 22 |
| contributions which would
have been required had the | 23 |
| employee continued in service at the same
rate of earnings | 24 |
| during the military leave period, plus interest at
the | 25 |
| effective rate.
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| 5.1. In addition to any creditable service established | 27 |
| under
paragraph 5 of this subsection (a), creditable | 28 |
| service may be granted for
up to 24 months of service in | 29 |
| the armed forces of the United States.
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| In order to receive creditable service for military | 31 |
| service under this
paragraph 5.1, a participating employee | 32 |
| must (1) apply to the Fund
in writing and provide evidence | 33 |
| of the military service that is satisfactory
to the Board; | 34 |
| (2) obtain the written approval of the current employer; | 35 |
| and (3)
make contributions to the Fund equal to (i)
the | 36 |
| employee contributions that would have been required had |
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| the service been
rendered as a member, plus (ii) an amount | 2 |
| determined by the board to be equal
to the employer's | 3 |
| normal cost of the benefits accrued for that military
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| service, plus (iii) interest on items (i) and (ii) from the | 5 |
| date of first
membership in the Fund to the date of | 6 |
| payment. If payment is made during
the 6-month period that | 7 |
| begins 3 months after the effective date of this
amendatory | 8 |
| Act of 1997, the required interest shall be at the rate of | 9 |
| 2.5%
per year, compounded annually; otherwise, the | 10 |
| required interest shall be
calculated at the regular | 11 |
| interest rate.
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| 6. For out-of-state service: Creditable service shall | 13 |
| be granted for
service rendered to an out-of-state local | 14 |
| governmental body under the
following conditions: The | 15 |
| employee had participated and has irrevocably
forfeited | 16 |
| all rights to benefits in the out-of-state public employees
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| pension system; the governing body of his participating | 18 |
| municipality or
instrumentality authorizes the employee to | 19 |
| establish such service; the
employee has 2 years current | 20 |
| service with this municipality or
participating | 21 |
| instrumentality; the employee makes a payment of
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| contributions, which shall be computed at 8% (normal) plus | 23 |
| 2% (survivor)
times length of service purchased times the | 24 |
| average rate of earnings for the
first 2
years of service | 25 |
| with the municipality or participating
instrumentality | 26 |
| whose governing body authorizes the service established
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| plus interest at the effective rate on the date such | 28 |
| credits are
established, payable from the date the employee | 29 |
| completes the required 2
years of current service to date | 30 |
| of payment. In no case shall more than
120 months of | 31 |
| creditable service be granted under this provision.
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| 7. For retroactive service: Any employee who could have | 33 |
| but did not
elect to become a participating employee, or | 34 |
| who should have been a
participant in the Municipal Public | 35 |
| Utilities Annuity and Benefit Fund
before that fund was | 36 |
| superseded, may receive creditable service for the
period |
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| of service not to exceed 50 months; however, a current or | 2 |
| former
elected or appointed official of a participating | 3 |
| municipality may establish credit under this paragraph 7 | 4 |
| for more than 50
months of service as an official of that | 5 |
| municipality, if the excess over 50 months is approved by | 6 |
| resolution of the
governing body of the affected | 7 |
| municipality filed with
the Fund before January 1, 2002.
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| Any employee who is a
participating employee on or | 9 |
| after September 24, 1981 and who was
excluded from | 10 |
| participation by the age restrictions removed by Public Act
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| 82-596 may receive creditable service for the period, on or | 12 |
| after January
1, 1979, excluded by the age restriction and, | 13 |
| in addition, if the governing
body of the participating | 14 |
| municipality or participating instrumentality elects
to | 15 |
| allow creditable service for all employees excluded by the | 16 |
| age restriction
prior to January 1, 1979, for service | 17 |
| during the period prior to that date
excluded by the age | 18 |
| restriction. Any employee who was excluded from
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| participation by the age restriction removed by Public Act | 20 |
| 82-596 and who is
not a participating employee on or after | 21 |
| September 24, 1981 may receive
creditable service for | 22 |
| service after January 1,
1979. Creditable service under | 23 |
| this paragraph
shall be granted upon payment of the | 24 |
| employee contributions
which would have been required had | 25 |
| he participated, with interest at the
effective rate for | 26 |
| each year from the end of the period of service
established | 27 |
| to date of payment.
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| 8. For accumulated unused sick leave: A participating | 29 |
| employee who is
applying for a retirement annuity shall be | 30 |
| entitled to creditable service
for that portion of the | 31 |
| employee's accumulated unused sick leave
for which payment | 32 |
| is not received, as follows:
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| a. Sick leave days shall be limited to those | 34 |
| accumulated under a sick
leave plan established by a | 35 |
| participating municipality or participating
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| instrumentality which is available to all employees or |
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| a class of employees.
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| b. Only sick leave days accumulated with a | 3 |
| participating municipality or
participating | 4 |
| instrumentality with which the employee was in service | 5 |
| within
60 days of the effective date of his retirement | 6 |
| annuity shall be credited;
If the employee was in | 7 |
| service with more than one employer during this
period | 8 |
| only the sick leave days with the employer with which | 9 |
| the employee
has the greatest number of unpaid sick | 10 |
| leave days shall be considered.
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| c. The creditable service granted shall be | 12 |
| considered solely for the
purpose of computing the | 13 |
| amount of the retirement annuity and shall not be
used | 14 |
| to establish any minimum service period required by any | 15 |
| provision of the
Illinois Pension Code, the effective | 16 |
| date of the retirement annuity, or the
final rate of | 17 |
| earnings.
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| d. The creditable service shall be at the rate of | 19 |
| 1/20 of a month for
each full sick day, provided that | 20 |
| no more than 12 months may be credited
under this | 21 |
| subdivision 8.
| 22 |
| e. Employee contributions shall not be required | 23 |
| for creditable service
under this subdivision 8.
| 24 |
| f. Each participating municipality and | 25 |
| participating instrumentality
with which an employee | 26 |
| has service within 60 days of the effective date of
his | 27 |
| retirement annuity shall certify to the board the | 28 |
| number of accumulated
unpaid sick leave days credited | 29 |
| to the employee at the time of termination
of service.
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| 9. For service transferred from another system: | 31 |
| Credits and
creditable service shall be granted for service | 32 |
| under Article 3, 4, 5, 14
or 16 of this Act, to any active | 33 |
| member of this Fund, and to any
inactive member who has | 34 |
| been a county sheriff, upon
transfer of such credits | 35 |
| pursuant to Section 3-110.3, 4-108.3, 5-235,
14-105.6 or | 36 |
| 16-131.4, and payment by the member of the amount by
which |
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| (1) the employer and employee contributions that would have | 2 |
| been required
if he had participated in this Fund as a | 3 |
| sheriff's law enforcement employee
during the period for | 4 |
| which credit is
being transferred, plus interest thereon at | 5 |
| the effective rate for each
year, compounded annually, from | 6 |
| the date of termination of the service for
which credit is | 7 |
| being transferred to the date of payment, exceeds (2) the
| 8 |
| amount actually transferred to the Fund.
Such transferred | 9 |
| service shall be deemed to be service as a sheriff's law
| 10 |
| enforcement employee for the purposes of Section 7-142.1.
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| (b) Creditable service - amount:
| 12 |
| 1. One month of creditable service
shall be allowed for | 13 |
| each month for which a participating employee made
| 14 |
| contributions as required under Section 7-173, or for which | 15 |
| creditable
service is otherwise granted hereunder. | 16 |
| Creditable service shall be granted for the first month of | 17 |
| participating employment, even if a paycheck was not issued | 18 |
| during that month. Not more than one
1 month of
service | 19 |
| shall be credited and counted for one
1 calendar month, and | 20 |
| not more
than one
1 year of service shall be credited and | 21 |
| counted for any calendar
year. A calendar month means a | 22 |
| nominal month beginning on the first day
thereof, and a | 23 |
| calendar year means a year beginning January 1 and ending
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| December 31.
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| 2. A seasonal employee shall be given 12 months of | 26 |
| creditable
service if he renders the number of months of | 27 |
| service normally required
by the position in a 12-month | 28 |
| period and he remains in service for the
entire 12-month | 29 |
| period. Otherwise a fractional year of service in the
| 30 |
| number of months of service rendered shall be credited.
| 31 |
| 3. An intermittent employee shall be given creditable | 32 |
| service for
only those months in which a contribution is | 33 |
| made under Section 7-173.
| 34 |
| (c) No application for correction of credits or creditable | 35 |
| service shall
be considered unless the board receives an | 36 |
| application for correction while
(1) the applicant is a |
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| 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.
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| (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. 92-424, eff. 8-17-01; 93-933, eff. 8-13-04.)
| 19 |
| (40 ILCS 5/7-147) (from Ch. 108 1/2, par. 7-147)
| 20 |
| Sec. 7-147. Temporary disability benefits - Commencement | 21 |
| and duration.
Temporary disability
benefits shall be payable:
| 22 |
| (a) Upon receipt by the fund of a written application | 23 |
| therefor. The
effective date may be no earlier than the first | 24 |
| day of the calendar year immediately preceding the year in | 25 |
| which the application is received by the Fund.
not more than 6 | 26 |
| months prior to the receipt by the
fund of the application. | 27 |
| However, if an employee executes an application
and delay in | 28 |
| filing is caused by negligence or fault of any officer or
| 29 |
| employee of the applicant's municipality or participating | 30 |
| instrumentality,
the effective date may be the later of 30 days | 31 |
| prior to the date the
application is executed or one year prior | 32 |
| to the date received by the fund.
| 33 |
| (b) Once a month as of the end of each calendar month;
| 34 |
| (c) For less than a month in a fraction equal to that | 35 |
| created by making
the number of days of disability in the month |
|
|
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| the numerator and the number
of the days in the month the | 2 |
| denominator;
| 3 |
| (d) To the beneficiary of a deceased participating employee | 4 |
| for the
unpaid amount accrued to the date of death;
| 5 |
| (e) For a period ending on the last day of the month when | 6 |
| the total
period during which temporary disability benefits are | 7 |
| paid equals 1/2 of
the total period of service (excluding | 8 |
| periods of disability) of the
employee as of the date of his | 9 |
| disability or 30 months, whichever is the
lesser; provided that | 10 |
| when a participating employee becomes disabled within
5 years | 11 |
| of a previous period or periods of temporary or total and | 12 |
| permanent
disability, temporary disability benefits shall be | 13 |
| payable for a period not
to exceed the lesser of 30 months or a | 14 |
| period computed as follows:
| 15 |
| 1. the lesser of 30 months or 1/2 of the total service | 16 |
| preceding the
first period of disability within such 5-year | 17 |
| period;
| 18 |
| 2. less the total amount of all periods of disability | 19 |
| within said 5-year
period;
| 20 |
| 3. plus 1/2 of the total amount of service (excluding | 21 |
| periods of
disability) subsequent to the first period of | 22 |
| disability within such 5-year
period;
| 23 |
| (f) while the temporary disability continues.
| 24 |
| (Source: P.A. 86-272.)
| 25 |
| (40 ILCS 5/7-174) (from Ch. 108 1/2, par. 7-174)
| 26 |
| Sec. 7-174. Board created.
| 27 |
| (a) A board of 8 members shall
constitute a board of | 28 |
| trustees authorized to carry out the provisions of
this | 29 |
| Article. Each trustee shall be a participating employee of a
| 30 |
| participating municipality or participating instrumentality or | 31 |
| an annuitant
of the Fund and no person shall be eligible to | 32 |
| become a trustee after January
1, 1979 who does not have at | 33 |
| least 8 years of creditable service.
| 34 |
| (b) The board shall consist of representatives of various | 35 |
| groups as
follows:
|
|
|
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| 1. 4 trustees shall be a chief executive officer, chief | 2 |
| finance
officer, or other officer, executive or department | 3 |
| head of a
participating municipality or participating | 4 |
| instrumentality, and each
such trustee shall be designated | 5 |
| as an executive trustee.
| 6 |
| 2. 3 trustees shall be employees of a participating | 7 |
| municipality or
participating instrumentality and each | 8 |
| such trustee shall be designated
as an employee trustee.
| 9 |
| 3. One trustee shall be an annuitant of the Fund, who | 10 |
| shall be
designated the annuitant trustee.
| 11 |
| (c) A person elected as a trustee shall qualify as a | 12 |
| trustee, after
declaration by the board that he has been duly | 13 |
| elected, upon taking and
subscribing to the constitutional oath | 14 |
| of office and filing same in the
office of the Fund.
| 15 |
| (d) The term of office of each trustee shall begin upon | 16 |
| January 1 of
the year following the year in which he is elected | 17 |
| and shall continue
for a period of 5 years and until a | 18 |
| successor has been elected and
qualified, or until prior | 19 |
| resignation, death, incapacity or
disqualification.
| 20 |
| (e) Any elected trustee (other than the annuitant trustee) | 21 |
| shall be
disqualified immediately upon termination of | 22 |
| employment with all participating
municipalities and | 23 |
| instrumentalities thereof or upon any change in status which
| 24 |
| removes any such trustee from all employments within the group | 25 |
| he represents.
The annuitant trustee shall be disqualified upon | 26 |
| termination of his or her
annuity.
| 27 |
| (f) The trustees shall fill any vacancy in the board by | 28 |
| appointment,
for the period until the next election of | 29 |
| trustees, or, if the remaining
term is less than 2 years, for | 30 |
| the remainder of the term, and until his
successor has been | 31 |
| elected and qualified.
| 32 |
| (g) Trustees shall serve without compensation, but shall be
| 33 |
| reimbursed for any reasonable expenses incurred in attending | 34 |
| meetings of
the board and in performing duties on behalf of the | 35 |
| Fund and for the
amount of any earnings withheld by any | 36 |
| employing municipality or
participating instrumentality |
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| because of attendance at any board
meeting.
| 2 |
| (h) Each trustee other than the annuitant trustee shall be | 3 |
| entitled to
one vote on any and all actions before the board ; | 4 |
| the annuitant trustee is
not entitled to vote on any matter . At | 5 |
| least 5 concurring
4 concurring votes
shall be necessary for | 6 |
| every decision or action by the board at any of its
meetings. | 7 |
| No decision or action shall become effective unless presented | 8 |
| and so
approved at a regular or duly called special meeting of | 9 |
| the board.
| 10 |
| (Source: P.A. 89-136, eff. 7-14-95.)
| 11 |
| Section 90. The State Mandates Act is amended by adding | 12 |
| Section 8.29 as
follows:
| 13 |
| (30 ILCS 805/8.29 new)
| 14 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 |
| of this
Act, no reimbursement by the State is required for the | 16 |
| implementation of
any mandate created by this amendatory Act of | 17 |
| the 94th General Assembly.
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|