Full Text of HB1726 97th General Assembly
HB1726eng 97TH 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 | | Sections
2-101, 2-105 and 14-103.05 as follows:
| 6 | | (40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
| 7 | | Sec. 2-101. Creation of system. A retirement system is | 8 | | created to provide
retirement annuities, survivor's annuities | 9 | | and other benefits for certain
members of the General Assembly, | 10 | | certain elected state officials , and their
beneficiaries.
| 11 | | The system shall be known as the "General Assembly | 12 | | Retirement System".
All its funds and property shall be a trust | 13 | | separate from all other
entities, maintained for the purpose of | 14 | | securing payment of annuities and
benefits under this Article.
| 15 | | Participation in the retirement system created under this | 16 | | Article is
restricted to persons who become participants before | 17 | | the effective date of
this amendatory Act of the 97th General | 18 | | Assembly.
Beginning on that date, the System shall not accept | 19 | | any new participants.
| 20 | | (Source: P.A. 83-1440.)
| 21 | | (40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
| 22 | | Sec. 2-105. Member. "Member": Members of the General |
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| 1 | | Assembly of this
State , including persons who enter military | 2 | | service while a member of the
General Assembly , and any person | 3 | | serving as Governor, Lieutenant Governor,
Secretary of State, | 4 | | Treasurer, Comptroller, or Attorney General for the period
of | 5 | | service in such office.
| 6 | | Any person who has served for 10 or more years as Clerk or | 7 | | Assistant Clerk
of the House of Representatives, Secretary or | 8 | | Assistant Secretary of the
Senate, or any combination thereof, | 9 | | may elect to become a member
of this system while thenceforth | 10 | | engaged in such service by filing a
written election with the | 11 | | board. Any person so electing shall be
deemed an active member | 12 | | of the General Assembly for the purpose of validating
and | 13 | | transferring any service credits earned under any of the funds | 14 | | and systems
established under Articles 3 through 18 of this | 15 | | Code.
| 16 | | However, notwithstanding any other provision of this | 17 | | Article, a person
shall not be deemed a member for the purposes | 18 | | of this Article unless he or she
became a participant of the | 19 | | System before the effective date of this amendatory
Act of the | 20 | | 97th General Assembly.
| 21 | | (Source: P.A. 85-1008.)
| 22 | | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 23 | | Sec. 14-103.05. Employee.
| 24 | | (a) Any person employed by a Department who receives salary
| 25 | | for personal services rendered to the Department on a warrant
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| 1 | | issued pursuant to a payroll voucher certified by a Department | 2 | | and drawn
by the State Comptroller upon the State Treasurer, | 3 | | including an elected
official described in subparagraph (d) of | 4 | | Section 14-104, shall become
an employee for purpose of | 5 | | membership in the Retirement System on the
first day of such | 6 | | employment.
| 7 | | Any person who becomes a constitutional officer or member | 8 | | of the General Assembly on or after the effective date of this | 9 | | amendatory Act of the 97th General Assembly and is not eligible | 10 | | to participate in the General Assembly Retirement System shall | 11 | | be deemed an employee for purposes of membership in this System | 12 | | beginning on the first day of such service. | 13 | | A person entering service on or after January 1, 1972 and | 14 | | prior to January
1, 1984 shall become a member as a condition | 15 | | of employment and shall begin
making contributions as of the | 16 | | first day of employment.
| 17 | | A person entering service on or after January 1, 1984 | 18 | | shall, upon completion
of 6 months of continuous service which | 19 | | is not interrupted by a break of more
than 2 months, become a | 20 | | member as a condition of employment. Contributions
shall begin | 21 | | the first of the month after completion of the qualifying | 22 | | period.
| 23 | | A person employed by the Chicago Metropolitan Agency for | 24 | | Planning on the effective date of this amendatory Act of the | 25 | | 95th General Assembly who was a member of this System as an | 26 | | employee of the Chicago Area Transportation Study and makes an |
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| 1 | | election under Section 14-104.13 to participate in this System | 2 | | for his or her employment with the Chicago Metropolitan Agency | 3 | | for Planning.
| 4 | | The qualifying period of 6 months of service is not | 5 | | applicable to: (1)
a person who has been granted credit for | 6 | | service in a position covered by
the State Universities | 7 | | Retirement System, the Teachers' Retirement System
of the State | 8 | | of Illinois, the General Assembly Retirement System, or the
| 9 | | Judges Retirement System of Illinois unless that service has | 10 | | been forfeited
under the laws of those systems; (2) a person | 11 | | entering service on or
after July 1, 1991 in a noncovered | 12 | | position; (3) a person to whom Section
14-108.2a or 14-108.2b | 13 | | applies; or (4) a person to whom subsection (a-5) of this | 14 | | Section applies.
| 15 | | (a-5) A person entering service on or after December 1, | 16 | | 2010 shall become a member as a condition of employment and | 17 | | shall begin making contributions as of the first day of | 18 | | employment. A person serving in the qualifying period on | 19 | | December 1, 2010 will become a member on December 1, 2010 and | 20 | | shall begin making contributions as of December 1, 2010. | 21 | | (b) The term "employee" does not include the following:
| 22 | | (1) members of the State Legislature, and persons | 23 | | electing to become
members of the General Assembly | 24 | | Retirement System pursuant to Section 2-105;
| 25 | | (2) incumbents of offices normally filled by vote of | 26 | | the people;
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| 1 | | (3) except as otherwise provided in this Section, any | 2 | | person
appointed by the Governor with the advice and | 3 | | consent
of the Senate unless that person elects to | 4 | | participate in this system;
| 5 | | (3.1) any person serving as a commissioner of an ethics | 6 | | commission created under the State Officials and Employees | 7 | | Ethics Act unless that person elects to participate in this | 8 | | system with respect to that service as a commissioner;
| 9 | | (3.2) any person serving as a part-time employee in any | 10 | | of the following positions: Legislative Inspector General, | 11 | | Special Legislative Inspector General, employee of the | 12 | | Office of the Legislative Inspector General, Executive | 13 | | Director of the Legislative Ethics Commission, or staff of | 14 | | the Legislative Ethics Commission, regardless of whether | 15 | | he or she is in active service on or after July 8, 2004 | 16 | | (the effective date of Public Act 93-685), unless that | 17 | | person elects to participate in this System with respect to | 18 | | that service; in this item (3.2), a "part-time employee" is | 19 | | a person who is not required to work at least 35 hours per | 20 | | week; | 21 | | (3.3) any person who has made an election under Section | 22 | | 1-123 and who is serving either as legal counsel in the | 23 | | Office of the Governor or as Chief Deputy Attorney General;
| 24 | | (4) except as provided in Section 14-108.2 or | 25 | | 14-108.2c, any person
who is covered or eligible to be | 26 | | covered by the Teachers' Retirement System of
the State of |
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| 1 | | Illinois, the State Universities Retirement System, or the | 2 | | Judges
Retirement System of Illinois;
| 3 | | (5) an employee of a municipality or any other | 4 | | political subdivision
of the State;
| 5 | | (6) any person who becomes an employee after June 30, | 6 | | 1979 as a
public service employment program participant | 7 | | under the Federal
Comprehensive Employment and Training | 8 | | Act and whose wages or fringe
benefits are paid in whole or | 9 | | in part by funds provided under such Act;
| 10 | | (7) enrollees of the Illinois Young Adult Conservation | 11 | | Corps program,
administered by the Department of Natural | 12 | | Resources, authorized grantee
pursuant to Title VIII of the | 13 | | "Comprehensive Employment and Training Act of
1973", 29 USC | 14 | | 993, as now or hereafter amended;
| 15 | | (8) enrollees and temporary staff of programs | 16 | | administered by the
Department of Natural Resources under | 17 | | the Youth
Conservation Corps Act of 1970;
| 18 | | (9) any person who is a member of any professional | 19 | | licensing or
disciplinary board created under an Act | 20 | | administered by the Department of
Professional Regulation | 21 | | or a successor agency or created or re-created
after the | 22 | | effective date of this amendatory Act of 1997, and who | 23 | | receives
per diem compensation rather than a salary, | 24 | | notwithstanding that such per diem
compensation is paid by | 25 | | warrant issued pursuant to a payroll voucher; such
persons | 26 | | have never been included in the membership of this System, |
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| 1 | | and this
amendatory Act of 1987 (P.A. 84-1472) is not | 2 | | intended to effect any change in
the status of such | 3 | | persons;
| 4 | | (10) any person who is a member of the Illinois Health | 5 | | Care Cost
Containment Council, and receives per diem | 6 | | compensation rather than a
salary, notwithstanding that | 7 | | such per diem compensation is paid by warrant
issued | 8 | | pursuant to a payroll voucher; such persons have never been | 9 | | included
in the membership of this System, and this | 10 | | amendatory Act of 1987 is not
intended to effect any change | 11 | | in the status of such persons;
| 12 | | (11) any person who is a member of the Oil and Gas | 13 | | Board created by
Section 1.2 of the Illinois Oil and Gas | 14 | | Act, and receives per diem
compensation rather than a | 15 | | salary, notwithstanding that such per diem
compensation is | 16 | | paid by warrant issued pursuant to a payroll voucher; or
| 17 | | (12) a person employed by the State Board of Higher | 18 | | Education in a position with the Illinois Century Network | 19 | | as of June 30, 2004, who remains continuously employed | 20 | | after that date by the Department of Central Management | 21 | | Services in a position with the Illinois Century Network | 22 | | and participates in the Article 15 system with respect to | 23 | | that employment.
| 24 | | (c) An individual who represents or is employed as an | 25 | | officer or employee of a statewide labor organization that | 26 | | represents members of this System may participate in the System |
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| 1 | | and shall be deemed an employee, provided that (1) the | 2 | | individual has previously earned creditable service under this | 3 | | Article, (2) the individual files with the System an | 4 | | irrevocable election to become a participant within 6 months | 5 | | after the effective date of this amendatory Act of the 94th | 6 | | General Assembly, and (3) the individual does not receive | 7 | | credit for that employment under any other provisions of this | 8 | | Code. An employee under this subsection (c) is responsible for | 9 | | paying to the System both (i) employee contributions based on | 10 | | the actual compensation received for service with the labor | 11 | | organization and (ii) employer contributions based on the | 12 | | percentage of payroll certified by the board; all or any part | 13 | | of these contributions may be paid on the employee's behalf or | 14 | | picked up for tax purposes (if authorized under federal law) by | 15 | | the labor organization. | 16 | | A person who is an employee as defined in this subsection | 17 | | (c) may establish service credit for similar employment prior | 18 | | to becoming an employee under this subsection by paying to the | 19 | | System for that employment the contributions specified in this | 20 | | subsection, plus interest at the effective rate from the date | 21 | | of service to the date of payment. However, credit shall not be | 22 | | granted under this subsection (c) for any such prior employment | 23 | | for which the applicant received credit under any other | 24 | | provision of this Code or during which the applicant was on a | 25 | | leave of absence.
| 26 | | (Source: P.A. 95-677, eff. 10-11-07; 96-1490, eff. 1-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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