Full Text of HB3372 98th General Assembly
HB3372eng 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 5. The Illinois Pension Code is amended by changing | 5 | | Sections 7-109, 7-114, 7-116, 7-139, 9-219, 9-220, 14-104.3, | 6 | | 14-106, 15-106, 15-107, 15-112, 15-113.4, 16-106, 16-121, | 7 | | 16-127, 17-116, and 17-134 as follows:
| 8 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 9 | | Sec. 7-109. Employee.
| 10 | | (1) "Employee" means any person who:
| 11 | | (a) 1. Receives earnings as payment for the performance | 12 | | of personal
services or official duties out of the | 13 | | general fund of a municipality,
or out of any special | 14 | | fund or funds controlled by a municipality, or by
an | 15 | | instrumentality thereof, or a participating | 16 | | instrumentality, including,
in counties, the fees or | 17 | | earnings of any county fee office; and
| 18 | | 2. Under the usual common law rules applicable in | 19 | | determining the
employer-employee relationship, has | 20 | | the status of an employee with a
municipality, or any | 21 | | instrumentality thereof, or a participating
| 22 | | instrumentality, including aldermen, county | 23 | | supervisors and other
persons (excepting those |
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| 1 | | employed as independent contractors) who are
paid | 2 | | compensation, fees, allowances or other emolument for | 3 | | official
duties, and, in counties, the several county | 4 | | fee offices.
| 5 | | (b) Serves as a township treasurer appointed under the | 6 | | School
Code, as heretofore or hereafter amended, and
who | 7 | | receives for such services regular compensation as | 8 | | distinguished
from per diem compensation, and any regular | 9 | | employee in the office of
any township treasurer whether or | 10 | | not his earnings are paid from the
income of the permanent | 11 | | township fund or from funds subject to
distribution to the | 12 | | several school districts and parts of school
districts as | 13 | | provided in the School Code, or from both such sources; or | 14 | | is the chief executive officer, chief educational officer, | 15 | | chief fiscal officer, or other employee of a Financial | 16 | | Oversight Panel established pursuant to Article 1H of the | 17 | | School Code, other than a superintendent or certified | 18 | | school business official, except that such person shall not | 19 | | be treated as an employee under this Section if that person | 20 | | has negotiated with the Financial Oversight Panel, in | 21 | | conjunction with the school district, a contractual | 22 | | agreement for exclusion from this Section.
| 23 | | (c) Holds an elective office in a municipality, | 24 | | instrumentality
thereof or participating instrumentality.
| 25 | | (2) "Employee" does not include persons who:
| 26 | | (a) Are eligible for inclusion under any of the |
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| 1 | | following laws:
| 2 | | 1. "An Act in relation to an Illinois State | 3 | | Teachers' Pension and
Retirement Fund", approved May | 4 | | 27, 1915, as amended;
| 5 | | 2. Articles 15 and 16 of this Code.
| 6 | | However, such persons shall be included as employees to | 7 | | the extent of
earnings that are not eligible for inclusion | 8 | | under the foregoing laws
for services not of an | 9 | | instructional nature of any kind.
| 10 | | However, any member of the armed forces who is employed | 11 | | as a teacher
of subjects in the Reserve Officers Training | 12 | | Corps of any school and who
is not certified under the law | 13 | | governing the certification of teachers
shall be included | 14 | | as an employee.
| 15 | | (b) Are designated by the governing body of a | 16 | | municipality in which a
pension fund is required by law to | 17 | | be established for policemen or
firemen, respectively, as | 18 | | performing police or fire protection duties,
except that | 19 | | when such persons are the heads of the police or fire
| 20 | | department and are not eligible to be included within any | 21 | | such pension
fund, they shall be included within this | 22 | | Article; provided, that such
persons shall not be excluded | 23 | | to the extent of concurrent service and
earnings not | 24 | | designated as being for police or fire protection duties.
| 25 | | However, (i) any head of a police department who was a | 26 | | participant under this
Article immediately before October |
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| 1 | | 1, 1977 and did not elect, under Section
3-109 of this Act, | 2 | | to participate in a police pension fund shall be an
| 3 | | "employee", and (ii) any chief of police who elects to | 4 | | participate in this
Fund under Section 3-109.1 of this | 5 | | Code, regardless of whether such person
continues to be | 6 | | employed as chief of police or is employed in some other
| 7 | | rank or capacity within the police department, shall be an | 8 | | employee under
this Article for so long as such person is | 9 | | employed to perform police
duties by a participating | 10 | | municipality and has not lawfully rescinded that
election. | 11 | | (c) After August 26, 2011 (the effective date of Public | 12 | | Act 97-609), are contributors to or eligible to contribute | 13 | | to a Taft-Hartley pension plan established on or before | 14 | | June 1, 2011 and are employees of a theatre, arena, or | 15 | | convention center that is located in a municipality located | 16 | | in a county with a population greater than 5,000,000, and | 17 | | to which the participating municipality is required to | 18 | | contribute as the person's employer based on earnings from | 19 | | the municipality. Nothing in this paragraph shall affect | 20 | | service credit or creditable service for any period of | 21 | | service prior to August 26, 2011, and this paragraph shall | 22 | | not apply to individuals who are participating in the Fund | 23 | | prior to August 26, 2011.
| 24 | | (d) Become an employee of any of the following | 25 | | participating instrumentalities on or after the effective | 26 | | date of this amendatory Act of the 98th General Assembly: |
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| 1 | | the Illinois Municipal League; the Illinois Association of | 2 | | Park Districts; the Illinois Supervisors, County | 3 | | Commissioners and Superintendents of Highways Association; | 4 | | an association, or not-for-profit corporation, membership | 5 | | in which is authorized under Section 85-15 of the Township | 6 | | Code; the United Counties Council; or the Will County | 7 | | Governmental League. | 8 | | (3) All persons, including, without limitation, public | 9 | | defenders and
probation officers, who receive earnings from | 10 | | general or special funds
of a county for performance of | 11 | | personal services or official duties
within the territorial | 12 | | limits of the county, are employees of the county
(unless | 13 | | excluded by subsection (2) of this Section) notwithstanding | 14 | | that
they may be appointed by and are subject to the direction | 15 | | of a person or
persons other than a county board or a county | 16 | | officer. It is hereby
established that an employer-employee | 17 | | relationship under the usual
common law rules exists between | 18 | | such employees and the county paying
their salaries by reason | 19 | | of the fact that the county boards fix their
rates of | 20 | | compensation, appropriate funds for payment of their earnings
| 21 | | and otherwise exercise control over them. This finding and this
| 22 | | amendatory Act shall apply to all such employees from the date | 23 | | of
appointment whether such date is prior to or after the | 24 | | effective date of
this amendatory Act and is intended to | 25 | | clarify existing law pertaining
to their status as | 26 | | participating employees in the Fund.
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| 1 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; | 2 | | 97-813, eff. 7-13-12.)
| 3 | | (40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| 4 | | Sec. 7-114. Earnings. "Earnings":
| 5 | | (a) An amount to be determined by the board, equal to the | 6 | | sum of:
| 7 | | 1. The total amount of money paid to an employee for | 8 | | personal
services or official duties as an employee (except | 9 | | those employed as
independent contractors) paid out of the | 10 | | general fund, or out of any
special funds controlled by the | 11 | | municipality, or by any instrumentality
thereof, or | 12 | | participating instrumentality, including compensation, | 13 | | fees,
allowances, or other emolument paid for official | 14 | | duties (but not
including automobile maintenance, travel | 15 | | expense, or reimbursements for
expenditures incurred in | 16 | | the performance of duties , or, in the case of a person who | 17 | | first becomes a participant on or after the effective date | 18 | | of this amendatory Act of the 98th General Assembly, | 19 | | payments for unused sick or vacation time ) and, for fee
| 20 | | offices, the fees or earnings of the offices to the extent | 21 | | such fees are
paid out of funds controlled by the | 22 | | municipality, or instrumentality or
participating | 23 | | instrumentality; and
| 24 | | 2. The money value, as determined by rules prescribed | 25 | | by the
governing body of the municipality, or |
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| 1 | | instrumentality thereof, of any
board, lodging, fuel, | 2 | | laundry, and other allowances provided an employee
in lieu | 3 | | of money.
| 4 | | (b) For purposes of determining benefits payable under this | 5 | | fund
payments to a person who is engaged in an independently | 6 | | established
trade, occupation, profession or business and who | 7 | | is paid for his
service on a basis other than a monthly or | 8 | | other regular salary, are not
earnings.
| 9 | | (c) If a disabled participating employee is eligible to | 10 | | receive Workers'
Compensation for an accidental injury and the | 11 | | participating municipality or
instrumentality which employed | 12 | | the participating employee when injured
continues to pay the | 13 | | participating employee regular salary or other
compensation or | 14 | | pays the employee an amount in excess of the Workers'
| 15 | | Compensation amount, then earnings shall be deemed to be the | 16 | | total payments,
including an amount equal to the Workers' | 17 | | Compensation payments. These
payments shall be subject to | 18 | | employee contributions and allocated as if paid to
the | 19 | | participating employee when the regular payroll amounts would | 20 | | have been
paid if the participating employee had continued | 21 | | working, and creditable
service shall be awarded for this | 22 | | period.
| 23 | | (d) If an elected official who is a participating employee | 24 | | becomes disabled
but does not resign and is not removed from | 25 | | office, then earnings shall include
all salary payments made | 26 | | for the remainder of that term of office and the
official shall |
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| 1 | | be awarded creditable service for the term of office.
| 2 | | (e) If a participating employee is paid pursuant to "An Act | 3 | | to provide for
the continuation of compensation for law | 4 | | enforcement officers, correctional
officers and firemen who | 5 | | suffer disabling injury in the line of duty", approved
| 6 | | September 6, 1973, as amended, the payments shall be deemed | 7 | | earnings, and the
participating employee shall be awarded | 8 | | creditable service for this period.
| 9 | | (f) Additional compensation received by a person while | 10 | | serving as a
supervisor of assessments, assessor, deputy | 11 | | assessor or member of a board of
review from the State of | 12 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax | 13 | | Code shall not be
earnings for purposes of this Article and | 14 | | shall not be included in the
contribution formula or | 15 | | calculation of benefits for such person pursuant to
this | 16 | | Article.
| 17 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
| 18 | | (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
| 19 | | Sec. 7-116. "Final rate of earnings":
| 20 | | (a) For retirement and survivor annuities, the monthly | 21 | | earnings obtained
by dividing the total earnings received by | 22 | | the employee during the period of
either (1) the 48 consecutive | 23 | | months of service within the last 120 months of
service in | 24 | | which his total earnings were the highest or (2) the
employee's | 25 | | total period of service, by the number of months
of service in |
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| 1 | | such period.
| 2 | | (b) For death benefits, the higher of the rate determined | 3 | | under
paragraph (a) of this Section or total earnings received | 4 | | in the last 12 months
of service divided by twelve. If the | 5 | | deceased employee has less than 12 months
of service, the | 6 | | monthly final rate shall be the monthly rate of pay the
| 7 | | employee was receiving when he began service.
| 8 | | (c) For disability benefits, the total earnings of a | 9 | | participating
employee in the last 12 calendar months of | 10 | | service prior to the date he
becomes disabled divided by 12.
| 11 | | (d) In computing the final rate of earnings: (1) the | 12 | | earnings rate for
all periods of prior service shall be | 13 | | considered equal to the average
earnings rate for the last 3 | 14 | | calendar years of prior service for
which creditable service is | 15 | | received under Section 7-139 or, if there is less than 3 years | 16 | | of
creditable prior service, the average for the total prior | 17 | | service period
for which creditable service is received under | 18 | | Section 7-139; (2) for out
of state service and authorized
| 19 | | leave, the earnings rate shall be the rate upon which service | 20 | | credits are
granted; (3) periods of military leave shall not be | 21 | | considered; (4) the
earnings rate for all periods of disability | 22 | | shall be considered equal to
the rate of earnings upon which | 23 | | the employee's disability benefits are
computed for such | 24 | | periods; (5) the earnings to be considered for each of
the | 25 | | final three months of the final earnings period for persons who | 26 | | first became participants before January 1, 2012 and the |
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| 1 | | earnings to be considered for each of the final 24 months for | 2 | | participants who first become participants on or after January | 3 | | 1, 2012 shall not exceed 125%
of the highest earnings of any | 4 | | other month in the final earnings period;
and (6) the annual | 5 | | amount of final rate of earnings shall be the monthly
amount | 6 | | multiplied by the number of months of service normally required | 7 | | by
the position in a year ; and (7) in the case of a person who | 8 | | first becomes a participant on or after the effective date of | 9 | | this amendatory Act of the 98th General Assembly, payments for | 10 | | unused sick or vacation time shall not be considered .
| 11 | | (Source: P.A. 97-609, eff. 1-1-12.)
| 12 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 13 | | Sec. 7-139. Credits and creditable service to employees.
| 14 | | (a) Each participating employee shall be granted credits | 15 | | and creditable
service, for purposes of determining the amount | 16 | | of any annuity or benefit
to which he or a beneficiary is | 17 | | entitled, as follows:
| 18 | | 1. For prior service: Each participating employee who | 19 | | is an employee
of a participating municipality or | 20 | | participating instrumentality on the
effective date shall | 21 | | be granted creditable service, but no credits under
| 22 | | paragraph 2 of this subsection (a), for periods of prior | 23 | | service for which
credit has not been received under any | 24 | | other pension fund or retirement system
established under | 25 | | this Code, as follows:
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| 1 | | If the effective date of participation for the | 2 | | participating municipality
or participating | 3 | | instrumentality is on or before January 1, 1998, creditable
| 4 | | service shall be granted for the entire period of prior | 5 | | service with that
employer without any employee | 6 | | contribution.
| 7 | | If the effective date of participation for the | 8 | | participating municipality
or participating | 9 | | instrumentality is after January 1, 1998, creditable
| 10 | | service shall be granted for the last 20% of the period of | 11 | | prior service with
that employer, but no more than 5 years, | 12 | | without any employee contribution. A
participating | 13 | | employee may establish creditable service for the | 14 | | remainder of
the period of prior service with that employer | 15 | | by making an application in
writing, accompanied by payment | 16 | | of an employee contribution in an
amount determined by the | 17 | | Fund, based on the employee contribution rates in
effect at | 18 | | the time of application for the creditable service and the | 19 | | employee's
salary rate on the effective date of | 20 | | participation for that employer, plus
interest at the | 21 | | effective rate from the date of the prior service to the | 22 | | date
of payment. Application for this creditable service | 23 | | may be made at any time
while the employee is still in | 24 | | service.
| 25 | | A municipality that (i) has at least 35 employees; (ii) | 26 | | is located in a county with at least 2,000,000 inhabitants; |
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| 1 | | and (iii) maintains an independent defined benefit pension | 2 | | plan for the benefit of its eligible employees may restrict | 3 | | creditable service in whole or in part for periods of prior | 4 | | service with the employer if the governing body of the | 5 | | municipality adopts an irrevocable resolution to restrict | 6 | | that creditable service and files the resolution with the | 7 | | board before the municipality's effective date of | 8 | | participation.
| 9 | | Any person who has withdrawn from the service of a | 10 | | participating
municipality
or participating | 11 | | instrumentality prior to the effective date, who reenters
| 12 | | the service of the same municipality or participating | 13 | | instrumentality after
the effective date and becomes a | 14 | | participating employee is entitled to
creditable service | 15 | | for prior service as otherwise provided in this
subdivision | 16 | | (a)(1) only if he or she renders 2 years of service as a
| 17 | | participating employee after the effective date. | 18 | | Application
for such service must be made while in a | 19 | | participating status.
The salary rate to be used in the | 20 | | calculation of the required employee
contribution, if any, | 21 | | shall be the employee's salary rate at the time of first
| 22 | | reentering service with the employer after the employer's | 23 | | effective date of
participation.
| 24 | | 2. For current service, each participating employee | 25 | | shall be
credited with:
| 26 | | a. Additional credits of amounts equal to each |
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| 1 | | payment of additional
contributions received from him | 2 | | under Section 7-173, as of the
date the corresponding | 3 | | payment of earnings is payable to him.
| 4 | | b. Normal credits of amounts equal to each payment | 5 | | of normal
contributions received from him, as of the | 6 | | date the corresponding payment of
earnings is payable | 7 | | to him, and normal contributions made for the purpose | 8 | | of
establishing out-of-state service credits as | 9 | | permitted under the conditions set
forth in paragraph 6 | 10 | | of this subsection (a).
| 11 | | c. Municipality credits in an amount equal to 1.4 | 12 | | times the normal
credits, except those established by | 13 | | out-of-state service credits, as of
the date of | 14 | | computation of any benefit if these credits would | 15 | | increase
the benefit.
| 16 | | d. Survivor credits equal to each payment of | 17 | | survivor contributions
received from the participating | 18 | | employee as of the date the
corresponding payment of | 19 | | earnings is payable, and survivor contributions made
| 20 | | for the purpose of establishing out-of-state service | 21 | | credits.
| 22 | | 3. For periods of temporary and total and permanent | 23 | | disability
benefits, each employee receiving disability | 24 | | benefits shall be granted
creditable service for the period | 25 | | during which disability benefits are
payable. Normal and | 26 | | survivor credits, based upon the rate of earnings
applied |
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| 1 | | for disability benefits, shall also be granted if such | 2 | | credits
would result in a higher benefit to any such | 3 | | employee or his
beneficiary.
| 4 | | 4. For authorized leave of absence without pay: A | 5 | | participating
employee shall be granted credits and | 6 | | creditable service for periods of
authorized leave of | 7 | | absence without pay under the following
conditions:
| 8 | | a. An application for credits and creditable | 9 | | service is submitted to the
board while the employee is | 10 | | in a status of
active employment.
| 11 | | b. Not more than 12 complete months of creditable | 12 | | service
for authorized leave of absence without pay | 13 | | shall be counted for purposes of
determining any | 14 | | benefits payable under this Article.
| 15 | | c. Credits and creditable service shall be granted | 16 | | for leave of
absence only if such leave is approved by | 17 | | the governing body of the
municipality, including | 18 | | approval of the estimated cost thereof to the
| 19 | | municipality as determined by the fund, and employee | 20 | | contributions, plus
interest at the effective rate | 21 | | applicable for each year from the end of
the period of | 22 | | leave to date of payment, have been paid to the fund in
| 23 | | accordance with Section 7-173. The contributions shall | 24 | | be computed upon the
assumption earnings continued | 25 | | during the period of leave at the rate in
effect when | 26 | | the leave began.
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| 1 | | d. Benefits under the provisions of Sections | 2 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 3 | | employees on authorized leave of
absence, or their | 4 | | designated beneficiary, only if such leave of absence
| 5 | | is creditable hereunder, and if the employee has at | 6 | | least one year of
creditable service other than the | 7 | | service granted for leave of absence.
Any employee | 8 | | contributions due may be deducted from any benefits
| 9 | | payable.
| 10 | | e. No credits or creditable service shall be | 11 | | allowed for leave of
absence without pay during any | 12 | | period of prior service.
| 13 | | 5. For military service: The governing body of a | 14 | | municipality or
participating instrumentality may elect to | 15 | | allow creditable service to
participating employees who | 16 | | leave their employment to serve in the armed
forces of the | 17 | | United States for all periods of such service, provided
| 18 | | that the person returns to active employment within 90 days | 19 | | after
completion
of full time active duty, but no | 20 | | creditable service shall be allowed such
person for any | 21 | | period that can be used in the computation of a pension
or | 22 | | any other pay or benefit, other than pay for active duty, | 23 | | for service
in any branch of the armed forces of the United | 24 | | States. If necessary to
the computation of any benefit, the | 25 | | board shall establish municipality
credits for | 26 | | participating employees under this paragraph on the
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| 1 | | assumption that the employee received earnings at the rate | 2 | | received at
the time he left the employment to enter the | 3 | | armed forces. A
participating employee in the armed forces | 4 | | shall not be considered an
employee during such period of | 5 | | service and no additional death and no
disability benefits | 6 | | are payable for death or disability during such period.
| 7 | | Any participating employee who left his employment | 8 | | with a
municipality or participating instrumentality to | 9 | | serve in the armed
forces of the United States and who | 10 | | again became a participating
employee within 90 days after | 11 | | completion of full time active duty by
entering the service | 12 | | of a different municipality or participating
| 13 | | instrumentality, which has elected to allow creditable | 14 | | service for
periods of military service under the preceding | 15 | | paragraph, shall also be
allowed creditable service for his | 16 | | period of military service on the
same terms that would | 17 | | apply if he had been employed, before entering
military | 18 | | service, by the municipality or instrumentality which | 19 | | employed
him after he left the military service and the | 20 | | employer costs arising in
relation to such grant of | 21 | | creditable service shall be charged to and
paid by that | 22 | | municipality or instrumentality.
| 23 | | Notwithstanding the foregoing, any participating | 24 | | employee
shall be entitled to creditable service as | 25 | | required by any federal law
relating to re-employment | 26 | | rights of persons who served in the United States
Armed |
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| 1 | | Services. Such creditable service shall be granted upon | 2 | | payment by
the member of an amount equal to the employee | 3 | | contributions which would
have been required had the | 4 | | employee continued in service at the same
rate of earnings | 5 | | during the military leave period, plus interest at
the | 6 | | effective rate.
| 7 | | 5.1. In addition to any creditable service established | 8 | | under
paragraph 5 of this subsection (a), creditable | 9 | | service may be granted for
up to 48 months of service in | 10 | | the armed forces of the United States.
| 11 | | In order to receive creditable service for military | 12 | | service under this
paragraph 5.1, a participating employee | 13 | | must (1) apply to the Fund
in writing and provide evidence | 14 | | of the military service that is satisfactory
to the Board; | 15 | | (2) obtain the written approval of the current employer; | 16 | | and (3)
make contributions to the Fund equal to (i)
the | 17 | | employee contributions that would have been required had | 18 | | the service been
rendered as a member, plus (ii) an amount | 19 | | determined by the board to be equal
to the employer's | 20 | | normal cost of the benefits accrued for that military
| 21 | | service, plus (iii) interest on items (i) and (ii) from the | 22 | | date of first
membership in the Fund to the date of | 23 | | payment. The required interest shall be
calculated at the | 24 | | regular interest rate.
| 25 | | The changes made to this paragraph 5.1 by Public Acts | 26 | | 95-483 and 95-486
apply only to participating employees in |
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| 1 | | service on or after August 28, 2007 (the effective date of | 2 | | those Public Acts).
| 3 | | 6. For out-of-state service: Creditable service shall | 4 | | be granted for
service rendered to an out-of-state local | 5 | | governmental body under the
following conditions: The | 6 | | employee had participated and has irrevocably
forfeited | 7 | | all rights to benefits in the out-of-state public employees
| 8 | | pension system; the governing body of his participating | 9 | | municipality or
instrumentality authorizes the employee to | 10 | | establish such service; the
employee has 2 years current | 11 | | service with this municipality or
participating | 12 | | instrumentality; the employee makes a payment of
| 13 | | contributions, which shall be computed at 8% (normal) plus | 14 | | 2% (survivor)
times length of service purchased times the | 15 | | average rate of earnings for the
first 2
years of service | 16 | | with the municipality or participating
instrumentality | 17 | | whose governing body authorizes the service established
| 18 | | plus interest at the effective rate on the date such | 19 | | credits are
established, payable from the date the employee | 20 | | completes the required 2
years of current service to date | 21 | | of payment. In no case shall more than
120 months of | 22 | | creditable service be granted under this provision.
| 23 | | 7. For retroactive service: Any employee who could have | 24 | | but did not
elect to become a participating employee, or | 25 | | who should have been a
participant in the Municipal Public | 26 | | Utilities Annuity and Benefit Fund
before that fund was |
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| 1 | | superseded, may receive creditable service for the
period | 2 | | of service not to exceed 50 months; however, a current or | 3 | | former
elected or appointed official of a participating | 4 | | municipality may establish credit under this paragraph 7 | 5 | | for more than 50
months of service as an official of that | 6 | | municipality, if the excess over 50 months is approved by | 7 | | resolution of the
governing body of the affected | 8 | | municipality filed with
the Fund before January 1, 2002.
| 9 | | Any employee who is a
participating employee on or | 10 | | after September 24, 1981 and who was
excluded from | 11 | | participation by the age restrictions removed by Public Act
| 12 | | 82-596 may receive creditable service for the period, on or | 13 | | after January
1, 1979, excluded by the age restriction and, | 14 | | in addition, if the governing
body of the participating | 15 | | municipality or participating instrumentality elects
to | 16 | | allow creditable service for all employees excluded by the | 17 | | age restriction
prior to January 1, 1979, for service | 18 | | during the period prior to that date
excluded by the age | 19 | | restriction. Any employee who was excluded from
| 20 | | participation by the age restriction removed by Public Act | 21 | | 82-596 and who is
not a participating employee on or after | 22 | | September 24, 1981 may receive
creditable service for | 23 | | service after January 1,
1979. Creditable service under | 24 | | this paragraph
shall be granted upon payment of the | 25 | | employee contributions
which would have been required had | 26 | | he participated, with interest at the
effective rate for |
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| 1 | | each year from the end of the period of service
established | 2 | | to date of payment.
| 3 | | 8. For accumulated unused sick leave: A participating | 4 | | employee who first becomes a participating employee before | 5 | | the effective date of this amendatory Act of the 98th | 6 | | General Assembly and who is
applying for a retirement | 7 | | annuity shall be entitled to creditable service
for that | 8 | | portion of the employee's accumulated unused sick leave
for | 9 | | which payment is not received, as follows:
| 10 | | a. Sick leave days shall be limited to those | 11 | | accumulated under a sick
leave plan established by a | 12 | | participating municipality or participating
| 13 | | instrumentality which is available to all employees or | 14 | | a class of employees.
| 15 | | b. Except as provided in item b-1, only sick leave | 16 | | days accumulated with a participating municipality or
| 17 | | participating instrumentality with which the employee | 18 | | was in service within
60 days of the effective date of | 19 | | his retirement annuity shall be credited;
If the | 20 | | employee was in service with more than one employer | 21 | | during this
period only the sick leave days with the | 22 | | employer with which the employee
has the greatest | 23 | | number of unpaid sick leave days shall be considered.
| 24 | | b-1. If the employee was in the service of more | 25 | | than one employer as defined in item (2) of paragraph | 26 | | (a) of subsection (A) of Section 7-132, then the sick |
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| 1 | | leave days from all such employers shall be credited, | 2 | | as long as the creditable service attributed to those | 3 | | sick leave days does not exceed the limitation in item | 4 | | f of this paragraph 8. In calculating the creditable | 5 | | service under this item b-1, the sick leave days from | 6 | | the last employer shall be considered first, then the | 7 | | remaining sick leave days shall be considered until | 8 | | there are no more days or the maximum creditable sick | 9 | | leave threshold under item f of this paragraph 8 has | 10 | | been reached.
| 11 | | 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.
| 18 | | 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 |
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| 1 | | retirement annuity shall certify to the board the | 2 | | number of accumulated
unpaid sick leave days credited | 3 | | to the employee at the time of termination
of service.
| 4 | | 9. For service transferred from another system: | 5 | | Credits and
creditable service shall be granted for service | 6 | | under Article 3, 4, 5, 8, 14,
or 16 of this Act, to any | 7 | | active member of this Fund, and to any
inactive member who | 8 | | has been a county sheriff, upon
transfer of such credits | 9 | | pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
| 10 | | 14-105.6, or 16-131.4, and payment by the member of the | 11 | | amount by
which (1) the employer and employee contributions | 12 | | that would have been required
if he had participated in | 13 | | this Fund as a sheriff's law enforcement employee
during | 14 | | the period for which credit is
being transferred, plus | 15 | | interest thereon at the effective rate for each
year, | 16 | | compounded annually, from the date of termination of the | 17 | | service for
which credit is being transferred to the date | 18 | | of payment, exceeds (2) the
amount actually transferred to | 19 | | the Fund.
Such transferred service shall be deemed to be | 20 | | service as a sheriff's law
enforcement employee for the | 21 | | purposes of Section 7-142.1.
| 22 | | 10. For service transferred from an Article 3 system | 23 | | under Section 3-110.8: Credits and
creditable service | 24 | | shall be granted for service under Article 3 of this Act as | 25 | | provided in Section 3-110.8, to any active member of this | 26 | | Fund upon
transfer of such credits pursuant to Section |
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| 1 | | 3-110.8. If the amount by
which (1) the employer and | 2 | | employee contributions that would have been required
if he | 3 | | had participated in this Fund during the period for which | 4 | | credit is
being transferred, plus interest thereon at the | 5 | | effective rate for each
year, compounded annually, from the | 6 | | 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, then the amount of | 9 | | creditable service established under this paragraph 10 | 10 | | shall be reduced by a corresponding amount in accordance | 11 | | with the rules and procedures established under this | 12 | | paragraph 10.
| 13 | | The board shall establish by rule the manner of making | 14 | | the calculation required under
this paragraph 10, taking | 15 | | into account the appropriate actuarial
assumptions; the | 16 | | member's service, age, and salary history; the level
of | 17 | | funding of the employer; and
any other factors that the | 18 | | board determines to be relevant.
| 19 | | Until January 1, 2010, members who transferred service | 20 | | from an Article 3 system under the provisions of Public Act | 21 | | 94-356 may establish additional credit in this Fund, but | 22 | | only up to the amount of the service credit reduction in | 23 | | that transfer, as calculated under the actuarial | 24 | | assumptions. This credit may be established upon payment by | 25 | | the member of an amount to be determined by the board, | 26 | | equal to (1) the amount that would have been contributed as |
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| 1 | | employee and employer contributions had all the service | 2 | | been as an employee under this Article, plus interest | 3 | | thereon compounded annually from the date of service to the | 4 | | date of transfer, less (2) the total amount transferred | 5 | | from the Article 3 system, plus (3) interest on the | 6 | | difference at the effective rate for each year, compounded | 7 | | annually, from the date of the transfer to the date of | 8 | | payment. The additional service credit is allowed under | 9 | | this amendatory Act of the 95th General Assembly | 10 | | notwithstanding the provisions of Article 3 terminating | 11 | | all transferred credits on the date of transfer. | 12 | | (b) Creditable service - amount:
| 13 | | 1. One month of creditable service
shall be allowed for | 14 | | each month for which a participating employee made
| 15 | | contributions as required under Section 7-173, or for which | 16 | | creditable
service is otherwise granted hereunder. Not | 17 | | more than 1 month of
service shall be credited and counted | 18 | | for 1 calendar month, and not more
than 1 year of service | 19 | | shall be credited and counted for any calendar
year. A | 20 | | calendar month means a nominal month beginning on the first | 21 | | day
thereof, and a calendar year means a year beginning | 22 | | January 1 and ending
December 31.
| 23 | | 2. A seasonal employee shall be given 12 months of | 24 | | creditable
service if he renders the number of months of | 25 | | service normally required
by the position in a 12-month | 26 | | period and he remains in service for the
entire 12-month |
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| 1 | | period. Otherwise a fractional year of service in the
| 2 | | number of months of service rendered shall be credited.
| 3 | | 3. An intermittent employee shall be given creditable | 4 | | service for
only those months in which a contribution is | 5 | | made under Section 7-173.
| 6 | | (c) No application for correction of credits or creditable | 7 | | service shall
be considered unless the board receives an | 8 | | application for correction while
(1) the applicant is a | 9 | | participating employee and in active employment
with a | 10 | | participating municipality or instrumentality, or (2) while | 11 | | the
applicant is actively participating in a pension fund or | 12 | | retirement
system which is a participating system under the | 13 | | Retirement Systems
Reciprocal Act. A participating employee or | 14 | | other applicant shall not be
entitled to credits or creditable | 15 | | service unless the required employee
contributions are made in | 16 | | a lump sum or in installments made in accordance
with board | 17 | | rule.
| 18 | | (d) Upon the granting of a retirement, surviving spouse or | 19 | | child
annuity, a death benefit or a separation benefit, on | 20 | | account of any
employee, all individual accumulated credits | 21 | | shall thereupon terminate.
Upon the withdrawal of additional | 22 | | contributions, the credits applicable
thereto shall thereupon | 23 | | terminate. Terminated credits shall not be applied
to increase | 24 | | the benefits any remaining employee would otherwise receive | 25 | | under
this Article.
| 26 | | (Source: P.A. 96-299, eff. 8-11-09; 97-415, eff. 8-16-11.)
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| 1 | | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
| 2 | | Sec. 9-219. Computation of service.
| 3 | | (1) In computing the term of service of an employee prior | 4 | | to the effective
date, the entire period beginning on the date | 5 | | he was first appointed and
ending on the day before the | 6 | | effective date, except any intervening period
during which he | 7 | | was separated by withdrawal from service, shall be counted
for | 8 | | all purposes of this Article.
| 9 | | (2) In computing the term of service of any employee on or | 10 | | after the
effective date, the following periods of time shall | 11 | | be counted as periods
of service for age and service, widow's | 12 | | and child's annuity purposes:
| 13 | | (a) The time during which he performed the duties of | 14 | | his position.
| 15 | | (b) Vacations, leaves of absence with whole or part | 16 | | pay, and leaves of
absence without pay not longer than 90 | 17 | | days.
| 18 | | (c) For an employee who is a member of a county police | 19 | | department or a
correctional officer with the county | 20 | | department of corrections, approved
leaves of absence | 21 | | without pay during which the
employee serves as a full-time | 22 | | officer or employee of an employee
association, the | 23 | | membership of which consists of other participants in the
| 24 | | Fund, provided that the employee contributes to the
Fund | 25 | | (1) the amount that he would have contributed had he |
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| 1 | | remained an active
employee in the position he
occupied at | 2 | | the time the leave of absence was granted, (2) an amount | 3 | | calculated
by the Board representing employer | 4 | | contributions, and (3) regular interest
thereon from the | 5 | | date of service to the date of payment. However, if the
| 6 | | employee's application to establish credit under this | 7 | | subsection is received
by the Fund on or after July 1, 2002 | 8 | | and before July 1, 2003, the amount
representing employer | 9 | | contributions specified in item (2) shall be waived.
| 10 | | For a former member of a county police department who | 11 | | has received a
refund under Section 9-164, periods during | 12 | | which the employee serves as
head of an employee | 13 | | association, the membership of which consists of other
| 14 | | police officers, provided that the employee contributes to | 15 | | the Fund (1) the
amount that he would have contributed had | 16 | | he remained an active member of
the county police | 17 | | department in the position he occupied at the time he
left | 18 | | service, (2) an amount calculated by the Board representing | 19 | | employer
contributions, and (3) regular interest thereon | 20 | | from the date of service to
the date of payment. However, | 21 | | if the former member of the county police
department | 22 | | retires on or after January 1, 1993 but no later than March | 23 | | 1,
1993, the amount representing employer contributions | 24 | | specified in item (2)
shall be waived.
| 25 | | For leaves of absence to which this item (c) applies | 26 | | and for other periods to which this item (c) applies, |
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| 1 | | including those leaves of absence and other periods of | 2 | | service beginning before January 5, 2012 ( the effective | 3 | | date of Public Act 97-651) this amendatory Act of the 97th | 4 | | General Assembly , the employee or former member must | 5 | | continue to remain in sworn status, subject to the | 6 | | professional standards of the public employer or those | 7 | | terms established in statute.
| 8 | | (d) Any period of disability for which he received | 9 | | disability benefit or
whole or part pay.
| 10 | | (e) For a person who first becomes an employee before | 11 | | the effective date of this amendatory Act of the 98th | 12 | | General Assembly, accumulated Accumulated vacation or | 13 | | other time for which an employee who
retires on or after | 14 | | November 1, 1990 receives a lump sum payment at the
time of | 15 | | retirement, provided that contributions were made to the | 16 | | fund at
the time such lump sum payment was received. The | 17 | | service granted for the
lump sum payment shall not change | 18 | | the employee's date of withdrawal for
computing the | 19 | | effective date of the annuity.
| 20 | | (f) An employee who first becomes an employee before | 21 | | the effective date of this amendatory Act of the 98th | 22 | | General Assembly may receive service credit for annuity | 23 | | purposes for
accumulated sick leave as of the date of the | 24 | | employee's withdrawal from
service, not to exceed a total | 25 | | of 180 days, provided that the amount of
such accumulated | 26 | | sick leave is certified by the County Comptroller to the
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| 1 | | Board and the employee pays an amount equal to 8.5% (9% for | 2 | | members
of the County Police Department who are eligible to | 3 | | receive an annuity
under Section 9-128.1) of the amount | 4 | | that would have been paid had such
accumulated sick leave | 5 | | been paid at the employee's final rate of salary.
Such | 6 | | payment shall be made within 30 days after the date of | 7 | | withdrawal and
prior to receipt of the first annuity check. | 8 | | The service credit granted
for such accumulated sick leave | 9 | | shall not change the employee's date of
withdrawal for the | 10 | | purpose of computing the effective date of the annuity.
| 11 | | (3) In computing the term of service of an employee on or | 12 | | after the
effective date for ordinary disability benefit | 13 | | purposes, the following
periods of time shall be counted as | 14 | | periods of service:
| 15 | | (a) Unless otherwise specified in Section 9-157, the | 16 | | time during which
he performed the duties of his position.
| 17 | | (b) Paid vacations and leaves of absence with whole or | 18 | | part pay.
| 19 | | (c) Any period for which he received duty disability | 20 | | benefit.
| 21 | | (d) Any period of disability for which he received | 22 | | whole or part pay.
| 23 | | (4) For an employee who on January 1, 1958, was transferred | 24 | | by Act
of the 70th General Assembly from his position in a | 25 | | department of welfare
of any city located in the county in | 26 | | which this Article is in force and
effect to a similar position |
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| 1 | | in a department of such county, service shall
also be credited | 2 | | for ordinary disability benefit and child's annuity for
such | 3 | | period of department of welfare service during which period he | 4 | | was a
contributor to a statutory annuity and benefit fund in | 5 | | such city and for
which purposes service credit would otherwise | 6 | | not be credited by virtue of
such involuntary transfer.
| 7 | | (5) An employee described in subsection (e) of Section | 8 | | 9-108 shall receive
credit for child's annuity and ordinary | 9 | | disability benefit for the period of
time for which he was | 10 | | credited with service in the fund from which he was
| 11 | | involuntarily separated through class or group transfer; | 12 | | provided, that no such
credit shall be allowed to the extent | 13 | | that it results in a duplication of
credits or benefits, and | 14 | | neither shall such credit be allowed to the extent
that it was | 15 | | or may be forfeited by the application for and acceptance of a
| 16 | | refund from the fund from which the employee was transferred.
| 17 | | (6) Overtime or extra service shall not be included in | 18 | | computing
service. Not more than 1 year of service shall be | 19 | | allowed for service
rendered during any calendar year.
| 20 | | (7) Unused sick or vacation time shall not be used to | 21 | | compute the service of an employee who first becomes an | 22 | | employee on or after the effective date of this amendatory Act | 23 | | of the 98th General Assembly. | 24 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 25 | | (40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
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| 1 | | Sec. 9-220. Basis of service credit.
| 2 | | (a) In computing the period of service of any employee for | 3 | | annuity
purposes under Section 9-134, the following provisions | 4 | | shall govern:
| 5 | | (1) All periods prior to the effective date shall be | 6 | | computed in
accordance with the provisions governing the | 7 | | computation of such
service.
| 8 | | (2) Service on or after the effective date shall | 9 | | include:
| 10 | | (i) The actual period of time the employee | 11 | | contributes or has
contributed to the fund for service | 12 | | rendered to age 65 plus the actual
period of time after | 13 | | age 65 for which the employee performs the duties of
| 14 | | his position or performs such duties and is given a | 15 | | county contribution for
age and service annuity or | 16 | | minimum annuity purposes.
| 17 | | (ii) Leaves of absence from duty, or vacation, for | 18 | | which an
employee receives all or part of his salary.
| 19 | | (iii) For a person who first becomes an employee | 20 | | before the effective date of this amendatory Act of the | 21 | | 98th General Assembly, accumulated Accumulated | 22 | | vacation or other time for which an employee who
| 23 | | retires on or after November 1, 1990 receives a lump | 24 | | sum payment at the
time of retirement, provided that | 25 | | contributions were made to the fund at
the time such | 26 | | lump sum payment was received. The service granted for |
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| 1 | | the
lump sum payment shall not change the employee's | 2 | | date of withdrawal for
computing the effective date of | 3 | | the annuity.
| 4 | | (iv) For a person who first becomes an employee | 5 | | before the effective date of this amendatory Act of the | 6 | | 98th General Assembly, accumulated Accumulated sick | 7 | | leave as of the date of the employee's
withdrawal from | 8 | | service, not to exceed a total of 180 days, provided | 9 | | that
the amount of such accumulated sick leave is | 10 | | certified by the County
Comptroller to the Board and | 11 | | the employee pays an amount equal to 8.5% (9%
for | 12 | | members of the County Police Department who are | 13 | | eligible to receive an
annuity under Section 9-128.1) | 14 | | of the amount that would have been paid had
such | 15 | | accumulated sick leave been paid at the employee's | 16 | | final rate of
salary. Such payment shall be made within | 17 | | 30 days after the date of
withdrawal and prior to | 18 | | receipt of the first annuity check. The service
credit | 19 | | granted for such accumulated sick leave shall not | 20 | | change the
employee's date of withdrawal for the | 21 | | purpose of computing the effective
date of the annuity.
| 22 | | (v) Periods during which the employee has had | 23 | | contributions for
annuity purposes made for him in | 24 | | accordance with law while on military
leave of absence | 25 | | during World War II.
| 26 | | (vi) Periods during which the employee receives a
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| 1 | | disability benefit under this Article. | 2 | | (vii) For any person who first becomes a member on | 3 | | or after January 1, 2011, the actual period of time the | 4 | | employee contributes or has contributed to the fund for | 5 | | service rendered up to the limitation on salary in | 6 | | subsection (b-5) of Section 1-160 plus the actual | 7 | | period of time thereafter for which the employee | 8 | | performs the duties of his position and ceased | 9 | | contributing due to the salary limitation in | 10 | | subsection (b-5) of Section 1-160.
| 11 | | (3) The right to have certain periods of time
| 12 | | considered as service as stated in paragraph (2) of Section | 13 | | 9-164 shall
not apply for annuity purposes unless the | 14 | | refunds shall have been repaid
in accordance with this | 15 | | Article.
| 16 | | (4) All service shall be computed
in whole calendar | 17 | | months, and at least 15 days of service in any one
calendar | 18 | | month shall constitute one calendar month of service, and 1
| 19 | | year of service shall be equal to the number of months, | 20 | | days or hours
for which an appropriation was made in the | 21 | | annual appropriation
ordinance for the position held by the | 22 | | employee.
| 23 | | (5) Unused sick or vacation time shall not be used to | 24 | | compute the service of an employee who first becomes an | 25 | | employee on or after the effective date of this amendatory | 26 | | Act of the 98th General Assembly. |
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| 1 | | (b) For all other annuity purposes of this Article the | 2 | | following
schedule shall govern the computation of a year of | 3 | | service of an
employee whose salary or wages is on the basis | 4 | | stated, and any
fractional part of a year of service shall be | 5 | | determined according to
said schedule:
| 6 | | Annual or Monthly Basis: Service during 4 months in any 1 | 7 | | calendar
year;
| 8 | | Weekly Basis: Service during any 17 weeks of any 1 calendar | 9 | | year, and
service during any week shall constitute a week of | 10 | | service;
| 11 | | Daily Basis: Service during 100 days in any 1 calendar | 12 | | year, and
service during any day shall constitute a day of | 13 | | service;
| 14 | | Hourly Basis: Service during 800 hours in any 1 calendar | 15 | | year, and
service during any hour shall constitute an hour of | 16 | | service.
| 17 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 18 | | (40 ILCS 5/14-104.3) (from Ch. 108 1/2, par. 14-104.3)
| 19 | | Sec. 14-104.3.
Notwithstanding provisions contained in
| 20 | | Section 14-103.10, any person who first becomes a member before | 21 | | the effective date of this amendatory Act of the 98th General | 22 | | Assembly and who at the time of retirement and after December
| 23 | | 6, 1983 receives compensation
in a lump sum for accumulated | 24 | | vacation, sickness, or personal business may
receive service | 25 | | credit for such periods by making contributions within 90
days |
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| 1 | | of withdrawal, based on the rate of compensation in effect | 2 | | immediately
prior to retirement and the contribution rate then | 3 | | in effect. Any person who first becomes a member on or after | 4 | | the effective date of this amendatory Act of the 98th General | 5 | | Assembly and who receives compensation
in a lump sum for | 6 | | accumulated vacation, sickness, or personal business may
not | 7 | | receive service credit for such periods. Exercising
the option | 8 | | provided in
this Section shall not change a member's date of | 9 | | withdrawal or final average
compensation for purposes of | 10 | | computing the amount or effective date of a
retirement annuity. | 11 | | Any annuitant who establishes service credit as herein
provided | 12 | | shall have his retirement annuity adjusted retroactively to the
| 13 | | date of retirement.
| 14 | | (Source: P.A. 83-1362.)
| 15 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
| 16 | | Sec. 14-106. Membership service credit.
| 17 | | (a) After January 1, 1944, all
service of a member since he | 18 | | last became a member with respect to which
contributions are | 19 | | made shall count as membership service; provided, that
for | 20 | | service on and after July 1, 1950, 12 months of service shall
| 21 | | constitute a year of membership service, the completion of 15 | 22 | | days or
more of service during any month shall constitute 1 | 23 | | month of membership
service, 8 to 15 days shall constitute 1/2 | 24 | | month of membership service
and less than 8 days shall | 25 | | constitute 1/4 month of membership service.
The payroll record |
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| 1 | | of each department shall constitute conclusive
evidence of the | 2 | | record of service rendered by a member.
| 3 | | (b) For a member who is employed and paid on an | 4 | | academic-year basis
rather than on a 12-month annual basis, | 5 | | employment for a full academic year
shall constitute a full | 6 | | year of membership service, except that the member
shall not | 7 | | receive more than one year of membership service credit (plus | 8 | | any
additional service credit granted for unused sick leave) | 9 | | for service during
any 12-month period. This subsection (b) | 10 | | applies to all such service for which
the member has not begun | 11 | | to receive a retirement annuity before January 1,
2001.
| 12 | | (c) A person who first becomes a member before the | 13 | | effective date of this amendatory Act of the 98th General | 14 | | Assembly shall be entitled to additional service credit, under
| 15 | | rules prescribed by the Board, for accumulated unused sick | 16 | | leave credited
to his account in the last Department on the | 17 | | date of withdrawal from
service or for any period for which he | 18 | | would have been eligible to receive
benefits under a sick pay | 19 | | plan authorized by law, if he had suffered a
sickness or | 20 | | accident on the date of withdrawal from service. It shall be | 21 | | the
responsibility of the last Department to certify to the | 22 | | Board the length of
time salary or benefits would have been | 23 | | paid to the member based upon the
accumulated unused sick leave | 24 | | or the applicable sick pay plan if he had
become entitled | 25 | | thereto because of sickness on the date that his status as
an | 26 | | employee terminated. This period of service credit granted |
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| 1 | | under this
paragraph shall not be considered in determining the | 2 | | date the retirement
annuity is to begin, or final average | 3 | | compensation.
| 4 | | (d) A person who first becomes a member on or after the | 5 | | effective date of this amendatory Act of the 98th General | 6 | | Assembly shall not be entitled to additional service credit for | 7 | | accumulated unused sick leave. | 8 | | (Source: P.A. 92-14, eff. 6-28-01.)
| 9 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 10 | | Sec. 15-106. Employer. "Employer": The University of | 11 | | Illinois, Southern
Illinois University, Chicago State | 12 | | University, Eastern Illinois University,
Governors State | 13 | | University, Illinois State University, Northeastern Illinois
| 14 | | University, Northern Illinois University, Western Illinois | 15 | | University, the
State Board of Higher Education, the Illinois | 16 | | Mathematics and Science Academy,
the University Civil Service | 17 | | Merit Board, the Board of
Trustees of the State Universities | 18 | | Retirement System, the Illinois Community
College Board, | 19 | | community college
boards, any association of community college | 20 | | boards organized under Section
3-55 of the Public Community | 21 | | College Act, the Board of Examiners established
under the | 22 | | Illinois Public Accounting Act, and, only during the period for | 23 | | which
employer contributions required under Section 15-155 are | 24 | | paid, the following
organizations: the alumni associations, | 25 | | the foundations and the athletic
associations which are |
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| 1 | | affiliated with the universities and colleges included
in this | 2 | | Section as employers. An individual that begins employment | 3 | | after the effective date of this amendatory Act of the 98th | 4 | | General Assembly with an entity not defined as an employer in | 5 | | this Section shall not be deemed an employee for the purposes | 6 | | of this Article with respect to that employment and shall not | 7 | | be eligible to participate in the System with respect to that | 8 | | employment; provided, however, that those individuals who are | 9 | | both employed and already participants in the System on the | 10 | | effective date of this amendatory Act of the 98th General | 11 | | Assembly shall be allowed to continue as participants in the | 12 | | System for the duration of that employment. | 13 | | Notwithstanding any provision of law to the contrary, an | 14 | | individual who begins employment with any of the following | 15 | | employers on or after the effective date of this amendatory Act | 16 | | of the 98th General Assembly shall not be deemed an employee | 17 | | and shall not be eligible to participate in the System with | 18 | | respect to that employment: any association of community | 19 | | college boards organized under Section
3-55 of the Public | 20 | | Community College Act, the Association of Illinois | 21 | | Middle-Grade Schools, the Illinois Association of School | 22 | | Administrators, the Illinois Association for Supervision and | 23 | | Curriculum Development, the Illinois Principals Association, | 24 | | the Illinois Association of School Business Officials, or the | 25 | | Illinois Special Olympics; provided, however, that those | 26 | | individuals who are both employed and already participants in |
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| 1 | | the System on the effective date of this amendatory Act of the | 2 | | 98th General Assembly shall be allowed to continue as | 3 | | participants in the System for the duration of that employment. | 4 | | A department as defined in Section 14-103.04 is
an employer | 5 | | for any person appointed by the Governor under the Civil
| 6 | | Administrative Code of Illinois who is a participating employee | 7 | | as defined in
Section 15-109. The Department of Central | 8 | | Management Services is an employer with respect to persons | 9 | | employed by the State Board of Higher Education in positions | 10 | | with the Illinois Century Network as of June 30, 2004 who | 11 | | remain continuously employed after that date by the Department | 12 | | of Central Management Services in positions with the Illinois | 13 | | Century Network, the Bureau of Communication and Computer | 14 | | Services, or, if applicable, any successor bureau.
| 15 | | The cities of Champaign and Urbana shall be considered
| 16 | | employers, but only during the period for which contributions | 17 | | are required to
be made under subsection (b-1) of Section | 18 | | 15-155 and only with respect to
individuals described in | 19 | | subsection (h) of Section 15-107.
| 20 | | (Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See | 21 | | Sec. 999 .)
| 22 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 23 | | Sec. 15-107. Employee.
| 24 | | (a) "Employee" means any member of the educational, | 25 | | administrative,
secretarial, clerical, mechanical, labor or |
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| 1 | | other staff of an employer
whose employment is permanent and | 2 | | continuous or who is employed in a
position in which services | 3 | | are expected to be rendered on a continuous
basis for at least | 4 | | 4 months or one academic term, whichever is less, who
(A) | 5 | | receives payment for personal services on a warrant issued | 6 | | pursuant to
a payroll voucher certified by an employer and | 7 | | drawn by the State
Comptroller upon the State Treasurer or by | 8 | | an employer upon trust, federal
or other funds, or (B) is on a | 9 | | leave of absence without pay. Employment
which is irregular, | 10 | | intermittent or temporary shall not be considered
continuous | 11 | | for purposes of this paragraph.
| 12 | | However, a person is not an "employee" if he or she:
| 13 | | (1) is a student enrolled in and regularly attending | 14 | | classes in a
college or university which is an employer, | 15 | | and is employed on a temporary
basis at less than full | 16 | | time;
| 17 | | (2) is currently receiving a retirement annuity or a | 18 | | disability
retirement annuity under Section 15-153.2 from | 19 | | this System;
| 20 | | (3) is on a military leave of absence;
| 21 | | (4) is eligible to participate in the Federal Civil | 22 | | Service Retirement
System and is currently making | 23 | | contributions to that system based upon
earnings paid by an | 24 | | employer;
| 25 | | (5) is on leave of absence without pay for more than 60 | 26 | | days
immediately following termination of disability |
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| 1 | | benefits under this
Article;
| 2 | | (6) is hired after June 30, 1979 as a public service | 3 | | employment program
participant under the Federal | 4 | | Comprehensive Employment and Training Act
and receives | 5 | | earnings in whole or in part from funds provided under that
| 6 | | Act; or
| 7 | | (7) is employed on or after July 1, 1991 to perform | 8 | | services that
are excluded by subdivision (a)(7)(f) or | 9 | | (a)(19) of Section 210 of the
federal Social Security Act | 10 | | from the definition of employment given in that
Section (42 | 11 | | U.S.C. 410).
| 12 | | (b) Any employer may, by filing a written notice with the | 13 | | board, exclude
from the definition of "employee" all persons | 14 | | employed pursuant to a federally
funded contract entered into | 15 | | after July 1, 1982 with a federal military
department in a | 16 | | program providing training in military courses to federal
| 17 | | military personnel on a military site owned by the United | 18 | | States Government,
if this exclusion is not prohibited by the | 19 | | federally funded contract or
federal laws or rules governing | 20 | | the administration of the contract.
| 21 | | (c) Any person appointed by the Governor under the Civil | 22 | | Administrative
Code of the State is an employee, if he or she | 23 | | is a participant in this
system on the effective date of the | 24 | | appointment.
| 25 | | (d) A participant on lay-off status under civil service | 26 | | rules is
considered an employee for not more than 120 days from |
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| 1 | | the date of the lay-off.
| 2 | | (e) A participant is considered an employee during (1) the | 3 | | first 60 days
of disability leave, (2) the period, not to | 4 | | exceed one year, in which his
or her eligibility for disability | 5 | | benefits is being considered by the board
or reviewed by the | 6 | | courts, and (3) the period he or she receives disability
| 7 | | benefits under the provisions of Section 15-152, workers' | 8 | | compensation or
occupational disease benefits, or disability | 9 | | income under an insurance
contract financed wholly or partially | 10 | | by the employer.
| 11 | | (f) Absences without pay, other than formal leaves of | 12 | | absence, of less
than 30 calendar days, are not considered as | 13 | | an interruption of a person's
status as an employee. If such | 14 | | absences during any period of 12 months
exceed 30 work days, | 15 | | the employee status of the person is considered as
interrupted | 16 | | as of the 31st work day.
| 17 | | (g) A staff member whose employment contract requires | 18 | | services during
an academic term is to be considered an | 19 | | employee during the summer and
other vacation periods, unless | 20 | | he or she declines an employment contract
for the succeeding | 21 | | academic term or his or her employment status is
otherwise | 22 | | terminated, and he or she receives no earnings during these | 23 | | periods.
| 24 | | (h) An individual who was a participating employee employed | 25 | | in the fire
department of the University of Illinois's | 26 | | Champaign-Urbana campus immediately
prior to the elimination |
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| 1 | | of that fire department and who immediately after the
| 2 | | elimination of that fire department became employed by the fire | 3 | | department of
the City of Urbana or the City of Champaign shall | 4 | | continue to be considered as
an employee for purposes of this | 5 | | Article for so long as the individual remains
employed as a | 6 | | firefighter by the City of Urbana or the City of Champaign. The
| 7 | | individual shall cease to be considered an employee under this | 8 | | subsection (h)
upon the first termination of the individual's | 9 | | employment as a firefighter by
the City of Urbana or the City | 10 | | of Champaign.
| 11 | | (i) An individual who is employed on a full-time basis as | 12 | | an officer
or employee of a statewide teacher organization that | 13 | | serves System
participants or an officer of a national teacher | 14 | | organization that serves
System participants may participate | 15 | | in the System and shall be deemed an
employee, provided that | 16 | | (1) the individual has previously earned
creditable service | 17 | | under this Article, (2) the individual files with the
System an | 18 | | irrevocable election to become a participant before the | 19 | | effective date of this amendatory Act of the 97th General | 20 | | Assembly, (3) the
individual does not receive credit for that | 21 | | employment under any other Article
of this Code, and (4) the | 22 | | individual first became a full-time employee of the teacher | 23 | | organization and becomes a participant before the effective | 24 | | date of this amendatory Act of the 97th General Assembly. An | 25 | | employee under this subsection (i) is responsible for paying
to | 26 | | the System both (A) employee contributions based on the actual |
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| 1 | | compensation
received for service with the teacher | 2 | | organization and (B) employer
contributions equal to the normal | 3 | | costs (as defined in Section 15-155)
resulting from that | 4 | | service; all or any part of these contributions may be
paid on | 5 | | the employee's behalf or picked up for tax purposes (if | 6 | | authorized
under federal law) by the teacher organization.
| 7 | | A person who is an employee as defined in this subsection | 8 | | (i) may establish
service credit for similar employment prior | 9 | | to becoming an employee under this
subsection by paying to the | 10 | | System for that employment the contributions
specified in this | 11 | | subsection, plus interest at the effective rate from the
date | 12 | | of service to the date of payment. However, credit shall not be | 13 | | granted
under this subsection for any such prior employment for | 14 | | which the applicant
received credit under any other provision | 15 | | of this Code, or during which
the applicant was on a leave of | 16 | | absence under Section 15-113.2.
| 17 | | (j) A person employed by the State Board of Higher | 18 | | Education in a position with the Illinois Century Network as of | 19 | | June 30, 2004 shall be considered to be an employee for so long | 20 | | as he or she remains continuously employed after that date by | 21 | | the Department of Central Management Services in a position | 22 | | with the Illinois Century Network, the Bureau of Communication | 23 | | and Computer Services, or, if applicable, any successor bureau
| 24 | | and meets the requirements of subsection (a).
| 25 | | (k) In the case of doubt as to whether any person is an | 26 | | employee within the meaning of this Section, the decision of |
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| 1 | | the Board shall be final. | 2 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 3 | | (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
| 4 | | Sec. 15-112. Final rate of earnings. | 5 | | "Final rate of earnings": | 6 | | (a) This subsection (a) applies only to a person who first | 7 | | becomes a participant of any system before January 1, 2011. | 8 | |
For an employee who is paid on an hourly basis or who | 9 | | receives an annual salary
in installments during 12 months of | 10 | | each academic year, the average annual
earnings during the 48 | 11 | | consecutive calendar month period ending with the last
day of | 12 | | final termination of employment or the 4 consecutive academic | 13 | | years of
service in which the employee's earnings were the | 14 | | highest, whichever is
greater.
For any other employee, the | 15 | | average annual earnings during the 4 consecutive
academic years | 16 | | of service in which his or her earnings were the highest.
For | 17 | | an employee with less than 48 months or 4 consecutive academic | 18 | | years of
service, the average earnings during his or her entire | 19 | | period of service.
The earnings of an employee with more than | 20 | | 36 months of service prior to the
date of becoming a | 21 | | participant are, for such period, considered equal to the
| 22 | | average earnings during the last 36 months of such service. | 23 | | (b) This subsection (b) applies to a person to whom | 24 | | subsection (a) does not apply. | 25 | | For an employee who is paid on an hourly basis or who |
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| 1 | | receives an annual salary in installments during 12 months of | 2 | | each academic year, the average annual earnings obtained by | 3 | | dividing by 8 the total earnings of the employee during the 96 | 4 | | consecutive months in which the total earnings were the highest | 5 | | within the last 120 months prior to termination. | 6 | | For any other employee, the average annual earnings during | 7 | | the 8 consecutive academic years within the 10 years prior to | 8 | | termination in which the employee's earnings were the highest. | 9 | | For an employee with less than 96 consecutive months or 8 | 10 | | consecutive academic years of service, whichever is necessary, | 11 | | the average earnings during his or her entire period of | 12 | | service. | 13 | | (c) For an
employee on leave of absence with pay, or on | 14 | | leave of absence without pay
who makes contributions during | 15 | | such leave, earnings are assumed to be equal
to the basic | 16 | | compensation on the date the leave began. | 17 | | (d) For an employee on
disability leave, earnings are | 18 | | assumed to be equal to the basic compensation
on the date | 19 | | disability occurs or the average earnings during the 24 months
| 20 | | immediately preceding the month in which disability occurs, | 21 | | whichever is
greater.
| 22 | | (e) For a participant who retires on or after the effective | 23 | | date of this
amendatory Act of 1997 with at least 20 years of | 24 | | service as a firefighter or
police officer under this Article, | 25 | | the final rate of earnings shall be the
annual rate of earnings | 26 | | received by the participant on his or her last day as a
|
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| 1 | | firefighter or police officer under this Article, if that is | 2 | | greater than the
final rate of earnings as calculated under the | 3 | | other provisions of this
Section.
| 4 | | (f) If a participant to whom subsection (a) of this Section | 5 | | applies is an employee for at least
6 months during the | 6 | | academic year in which his or her employment
is terminated, the | 7 | | annual final rate of earnings shall be 25% of the sum
of (1) | 8 | | the annual basic compensation for that year, and (2) the amount
| 9 | | earned during the 36 months immediately preceding that year, if | 10 | | this is
greater than the final rate of earnings as calculated | 11 | | under the other
provisions of this Section.
| 12 | | (g) In the determination of the final rate of earnings for | 13 | | an employee, that
part of an employee's earnings for any | 14 | | academic year beginning after June 30,
1997, which exceeds the | 15 | | employee's earnings with that employer for the
preceding year | 16 | | by more than 20 percent shall be excluded; in the event
that an | 17 | | employee has more than one employer
this limitation shall be | 18 | | calculated separately for the earnings with
each employer. In | 19 | | making such calculation, only the basic compensation of
| 20 | | employees shall be considered, without regard to vacation or | 21 | | overtime or to
contracts for summer employment.
| 22 | | (h) The following are not considered as earnings in | 23 | | determining final rate of
earnings: (1) severance or separation | 24 | | pay, (2) retirement pay, (3)
payment for unused sick leave, and | 25 | | (4) payments from an employer for
the period used in | 26 | | determining final rate of earnings for any purpose other
than |
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| 1 | | (i) services rendered, (ii) leave of absence or vacation | 2 | | granted
during that period, and (iii) vacation of up to 56 work | 3 | | days allowed upon
termination of employment; except that, if | 4 | | the benefit has been collectively
bargained between the | 5 | | employer and the recognized collective bargaining agent
| 6 | | pursuant to the Illinois Educational Labor Relations Act, | 7 | | payment received
during a period of up to 2 academic years for | 8 | | unused sick leave may be
considered as earnings in accordance | 9 | | with the applicable collective bargaining
agreement, subject | 10 | | to the 20% increase limitation of this Section , and if the | 11 | | person first becomes a participant on or after the effective | 12 | | date of this amendatory Act of the 98th General Assembly, | 13 | | payments for unused sick or vacation time shall not be | 14 | | considered as earnings . Any unused
sick leave considered as | 15 | | earnings under this Section shall not be taken into
account in | 16 | | calculating service credit under Section 15-113.4.
| 17 | | (i) Intermittent periods of service shall be considered as | 18 | | consecutive in
determining final rate of earnings.
| 19 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 20 | | (40 ILCS 5/15-113.4) (from Ch. 108 1/2, par. 15-113.4)
| 21 | | Sec. 15-113.4. Service for unused sick leave. "Service for | 22 | | unused
sick leave": A person who first becomes a participant | 23 | | before the effective date of this amendatory Act of the 98th | 24 | | General Assembly and who is an employee under this System or | 25 | | one of
the other systems subject to Article 20 of this Code |
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| 1 | | within 60 days
immediately preceding the date on which his or | 2 | | her retirement annuity
begins, is entitled to credit for | 3 | | service for that portion of unused sick
leave earned in the | 4 | | course of employment with an employer and credited on
the date | 5 | | of termination of employment by an employer for which payment | 6 | | is
not received, in accordance with the following schedule: 30 | 7 | | through 90
full calendar days and 20 through 59 full work days | 8 | | of unused sick leave,
1/4 of a year of service; 91 through 180 | 9 | | full calendar days and 60 through
119 full work days, 1/2 of a | 10 | | year of service; 181 through 270 full calendar
days and 120 | 11 | | through 179 full work days, 3/4 of a year of service; 271
| 12 | | through 360 full calendar days and 180 through 240 full work | 13 | | days, one year
of service.
Only uncompensated, unused sick | 14 | | leave earned in accordance with an
employer's sick leave | 15 | | accrual policy generally applicable to employees or a
class of | 16 | | employees shall be taken into account in calculating service | 17 | | credit
under this Section. Any uncompensated, unused sick leave | 18 | | granted by an
employer to facilitate the hiring, retirement, | 19 | | termination, or other special
circumstances of an employee | 20 | | shall not be taken into account in calculating
service credit | 21 | | under this Section.
If a participant transfers from one | 22 | | employer to another, the
unused sick leave credited by the | 23 | | previous employer shall be considered in
determining service to | 24 | | be credited under this Section, even if the
participant | 25 | | terminated service prior to the effective date of P.A. 86-272
| 26 | | (August 23, 1989); if necessary, the retirement annuity shall |
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| 1 | | be
recalculated to reflect such sick leave credit. Each | 2 | | employer shall
certify to the board the number of days of | 3 | | unused sick leave accrued to the
participant's credit on the | 4 | | date that the participant's status as an
employee terminated. | 5 | | This period of unused sick leave shall not be
considered in | 6 | | determining the date the retirement annuity begins. A person | 7 | | who first becomes a participant on or after the effective date | 8 | | of this amendatory Act of the 98th General Assembly shall not | 9 | | receive service credit for unused sick leave.
| 10 | | (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)
| 11 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 12 | | Sec. 16-106. Teacher. "Teacher": The following | 13 | | individuals, provided
that, for employment prior to July 1, | 14 | | 1990, they are employed on a
full-time basis, or if not | 15 | | full-time, on a permanent and continuous basis
in a position in | 16 | | which services are expected to be rendered for at least
one | 17 | | school term:
| 18 | | (1) Any educational, administrative, professional or | 19 | | other staff employed
in the public common schools included | 20 | | within this system in a position
requiring certification | 21 | | under the law governing the certification of
teachers;
| 22 | | (2) Any educational, administrative, professional or | 23 | | other staff employed
in any facility of the Department of | 24 | | Children and Family Services or the
Department of Human | 25 | | Services, in a position requiring certification under
the |
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| 1 | | law governing the certification of teachers, and any person | 2 | | who (i)
works in such a position for the Department of | 3 | | Corrections, (ii) was a member
of this System on May 31, | 4 | | 1987, and (iii) did not elect to become a member of
the | 5 | | State Employees' Retirement System pursuant to Section | 6 | | 14-108.2 of this
Code; except that "teacher" does not | 7 | | include any person who (A) becomes
a security employee of | 8 | | the Department of Human Services, as defined in
Section | 9 | | 14-110, after June 28, 2001 (the effective date of Public | 10 | | Act
92-14), or (B) becomes a member of the State Employees'
| 11 | | Retirement System pursuant to Section 14-108.2c of this | 12 | | Code;
| 13 | | (3) Any regional superintendent of schools, assistant | 14 | | regional
superintendent of schools, State Superintendent | 15 | | of Education; any person
employed by the State Board of | 16 | | Education as an executive; any executive of
the boards | 17 | | engaged in the service of public common school education in
| 18 | | school districts covered under this system of which the | 19 | | State
Superintendent of Education is an ex-officio member;
| 20 | | (4) Any employee of a school board association | 21 | | operating in compliance
with Article 23 of the School Code | 22 | | who is certificated under the law
governing the | 23 | | certification of teachers , provided that he or she becomes | 24 | | such an employee before the effective date of this | 25 | | amendatory Act of the 98th General Assembly ;
| 26 | | (5) Any person employed by the retirement system
who:
|
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| 1 | | (i) was an employee of and a participant in the | 2 | | system on August 17,
2001 (the effective date of Public | 3 | | Act 92-416), or
| 4 | | (ii) becomes an employee of the system on or after | 5 | | August 17, 2001;
| 6 | | (6) Any educational, administrative, professional or | 7 | | other staff
employed by and under the supervision and | 8 | | control of a regional
superintendent of schools, provided | 9 | | such employment position requires the
person to be | 10 | | certificated under the law governing the certification of
| 11 | | teachers and is in an educational program serving 2 or more | 12 | | districts in
accordance with a joint agreement authorized | 13 | | by the School Code or by federal
legislation;
| 14 | | (7) Any educational, administrative, professional or | 15 | | other staff employed
in an educational program serving 2 or | 16 | | more school districts in accordance
with a joint agreement | 17 | | authorized by the School Code or by federal
legislation and | 18 | | in a position requiring certification under the laws
| 19 | | governing the certification of teachers;
| 20 | | (8) Any officer or employee of a statewide teacher | 21 | | organization or
officer of a national teacher organization | 22 | | who is certified under the law
governing certification of | 23 | | teachers, provided: (i) the individual had
previously | 24 | | established creditable service under this Article, (ii) | 25 | | the
individual files with the system an irrevocable | 26 | | election to become a member before the effective date of |
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| 1 | | this amendatory Act of the 97th General Assembly,
(iii) the | 2 | | individual does not receive credit for such service under | 3 | | any
other Article of this Code, and (iv) the individual | 4 | | first became an officer or employee of the teacher | 5 | | organization and becomes a member before the effective date | 6 | | of this amendatory Act of the 97th General Assembly;
| 7 | | (9) Any educational, administrative, professional, or | 8 | | other staff
employed in a charter school operating in | 9 | | compliance with the Charter
Schools Law who is certificated | 10 | | under the law governing the certification
of teachers ; .
| 11 | | (10) Any person employed, on the effective date of this | 12 | | amendatory Act of the 94th General Assembly, by the | 13 | | Macon-Piatt Regional Office of Education in a | 14 | | birth-through-age-three pilot program receiving funds | 15 | | under Section 2-389 of the School Code who is required by | 16 | | the Macon-Piatt Regional Office of Education to hold a | 17 | | teaching certificate, provided that the Macon-Piatt | 18 | | Regional Office of Education makes an election, within 6 | 19 | | months after the effective date of this amendatory Act of | 20 | | the 94th General Assembly, to have the person participate | 21 | | in the system. Any service established prior to the | 22 | | effective date of this amendatory Act of the 94th General | 23 | | Assembly for service as an employee of the Macon-Piatt | 24 | | Regional Office of Education in a birth-through-age-three | 25 | | pilot program receiving funds under Section 2-389 of the | 26 | | School Code shall be considered service as a teacher if |
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| 1 | | employee and employer contributions have been received by | 2 | | the system and the system has not refunded those | 3 | | contributions.
| 4 | | An annuitant receiving a retirement annuity under this | 5 | | Article or under
Article 17 of this Code who is employed by a | 6 | | board of education
or other employer as permitted under Section | 7 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 8 | | Article. A person who
has received a single-sum retirement | 9 | | benefit under Section 16-136.4 of this
Article is not a | 10 | | "teacher" for purposes of this Article.
| 11 | | (Source: P.A. 97-651, eff. 1-5-12; revised 8-3-12.)
| 12 | | (40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121)
| 13 | | Sec. 16-121. Salary. "Salary": The actual compensation | 14 | | received by a teacher during any
school year and recognized by | 15 | | the system in accordance with
rules of the board. For purposes | 16 | | of this Section, "school year" includes
the regular school term | 17 | | plus any additional period for which a teacher is
compensated | 18 | | and such compensation is recognized by the rules of the board. | 19 | | In the case of a person who first becomes a member on or after | 20 | | the effective date of this amendatory Act of the 98th General | 21 | | Assembly, "salary" shall not include any payment for unused | 22 | | sick or vacation time.
| 23 | | (Source: P.A. 84-1028.)
| 24 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
|
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| 1 | | Sec. 16-127. Computation of creditable service.
| 2 | | (a) Each member shall receive regular credit for all
| 3 | | service as a teacher from the date membership begins, for which
| 4 | | satisfactory evidence is supplied and all contributions have | 5 | | been paid.
| 6 | | (b) The following periods of service shall earn optional | 7 | | credit and
each member shall receive credit for all such | 8 | | service for which
satisfactory evidence is supplied and all | 9 | | contributions have been paid as
of the date specified:
| 10 | | (1) Prior service as a teacher.
| 11 | | (2) Service in a capacity essentially similar or | 12 | | equivalent to that of a
teacher, in the public common | 13 | | schools in school districts in this State not
included | 14 | | within the provisions of this System, or of any other | 15 | | State,
territory, dependency or possession of the United | 16 | | States, or in schools
operated by or under the auspices of | 17 | | the United States, or under the
auspices of any agency or | 18 | | department of any other State, and service during
any | 19 | | period of professional speech correction or special | 20 | | education
experience for a public agency within this State | 21 | | or any other State,
territory, dependency or possession of | 22 | | the United States, and service prior
to February 1, 1951 as | 23 | | a recreation worker for the Illinois Department of
Public | 24 | | Safety, for a period not exceeding the lesser of 2/5 of the | 25 | | total
creditable service of the member or 10 years. The | 26 | | maximum service of 10
years which is allowable under this |
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| 1 | | paragraph shall be reduced by the
service credit which is | 2 | | validated by other retirement systems under
paragraph (i) | 3 | | of Section 15-113 and paragraph 1 of Section 17-133. Credit
| 4 | | granted under this paragraph may not be used in | 5 | | determination of a
retirement annuity or disability | 6 | | benefits unless the member has at least 5
years of | 7 | | creditable service earned subsequent to this employment | 8 | | with one
or more of the following systems: Teachers' | 9 | | Retirement System of the State
of Illinois, State | 10 | | Universities Retirement System, and the Public School
| 11 | | Teachers' Pension and Retirement Fund of Chicago. Whenever | 12 | | such service
credit exceeds the maximum allowed for all | 13 | | purposes of this Article, the
first service rendered in | 14 | | point of time shall be considered.
The changes to this | 15 | | subdivision (b)(2) made by Public Act 86-272 shall
apply | 16 | | not only to persons who on or after its effective date | 17 | | (August 23,
1989) are in service as a teacher under the | 18 | | System, but also to persons
whose status as such a teacher | 19 | | terminated prior to such effective date,
whether or not | 20 | | such person is an annuitant on that date.
| 21 | | (3) Any periods immediately following teaching | 22 | | service, under this
System or under Article 17, (or | 23 | | immediately following service prior to
February 1, 1951 as | 24 | | a recreation worker for the Illinois Department of
Public | 25 | | Safety) spent in active service with the military forces of | 26 | | the
United States; periods spent in educational programs |
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| 1 | | that prepare for
return to teaching sponsored by the | 2 | | federal government following such
active military service; | 3 | | if a teacher returns to teaching service within
one | 4 | | calendar year after discharge or after the completion of | 5 | | the
educational program, a further period, not exceeding | 6 | | one calendar year,
between time spent in military service | 7 | | or in such educational programs and
the return to | 8 | | employment as a teacher under this System; and a period of | 9 | | up
to 2 years of active military service not immediately | 10 | | following employment
as a teacher.
| 11 | | The changes to this Section and Section 16-128 relating | 12 | | to military
service made by P.A. 87-794 shall apply not | 13 | | only to persons who on or after its
effective date are in | 14 | | service as a teacher under the System, but also to
persons | 15 | | whose status as a teacher terminated prior to that date, | 16 | | whether or not
the person is an annuitant on that date. In | 17 | | the case of an annuitant who
applies for credit allowable | 18 | | under this Section for a period of military
service that | 19 | | did not immediately follow employment, and who has made the
| 20 | | required contributions for such credit, the annuity shall | 21 | | be recalculated to
include the additional service credit, | 22 | | with the increase taking effect on the
date the System | 23 | | received written notification of the annuitant's intent to
| 24 | | purchase the credit, if payment of all the required | 25 | | contributions is made
within 60 days of such notice, or | 26 | | else on the first annuity payment date
following the date |
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| 1 | | of payment of the required contributions. In calculating
| 2 | | the automatic annual increase for an annuity that has been | 3 | | recalculated under
this Section, the increase attributable | 4 | | to the additional service allowable
under P.A. 87-794 shall | 5 | | be included in the calculation of automatic annual
| 6 | | increases accruing after the effective date of the | 7 | | recalculation.
| 8 | | Credit for military service shall be determined as | 9 | | follows: if entry
occurs during the months of July, August, | 10 | | or September and the member was a
teacher at the end of the | 11 | | immediately preceding school term, credit shall
be granted | 12 | | from July 1 of the year in which he or she entered service; | 13 | | if
entry occurs during the school term and the teacher was | 14 | | in teaching service
at the beginning of the school term, | 15 | | credit shall be granted from July 1 of
such year. In all | 16 | | other cases where credit for military service is allowed,
| 17 | | credit shall be granted from the date of entry into the | 18 | | service.
| 19 | | The total period of military service for which credit | 20 | | is granted shall
not exceed 5 years for any member unless | 21 | | the service: (A) is validated
before July 1, 1964, and (B) | 22 | | does not extend beyond July 1, 1963. Credit
for military | 23 | | service shall be granted under this Section only if not | 24 | | more
than 5 years of the military service for which credit | 25 | | is granted under this
Section is used by the member to | 26 | | qualify for a military retirement
allotment from any branch |
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| 1 | | of the armed forces of the United States. The
changes to | 2 | | this subdivision (b)(3) made by Public Act 86-272 shall | 3 | | apply
not only to persons who on or after its effective | 4 | | date (August 23, 1989)
are in service as a teacher under | 5 | | the System, but also to persons whose
status as such a | 6 | | teacher terminated prior to such effective date, whether
or | 7 | | not such person is an annuitant on that date.
| 8 | | (4) Any periods served as a member of the General | 9 | | Assembly.
| 10 | | (5)(i) Any periods for which a teacher, as defined in | 11 | | Section
16-106, is granted a leave of absence, provided he | 12 | | or she returns to teaching
service creditable under this | 13 | | System or the State Universities Retirement
System | 14 | | following the leave; (ii) periods during which a teacher is
| 15 | | involuntarily laid off from teaching, provided he or she | 16 | | returns to teaching
following the lay-off; (iii) periods | 17 | | prior to July 1, 1983 during which
a teacher ceased covered | 18 | | employment due to pregnancy, provided that the teacher
| 19 | | returned to teaching service creditable under this System | 20 | | or the State
Universities Retirement System following the | 21 | | pregnancy and submits evidence
satisfactory to the Board | 22 | | documenting that the employment ceased due to
pregnancy; | 23 | | and (iv) periods prior to July 1, 1983 during which a | 24 | | teacher
ceased covered employment for the purpose of | 25 | | adopting an infant under 3 years
of age or caring for a | 26 | | newly adopted infant under 3 years of age, provided that
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| 1 | | the teacher returned to teaching service creditable under | 2 | | this System or the
State Universities Retirement System | 3 | | following the adoption and submits
evidence satisfactory | 4 | | to the Board documenting that the employment ceased for
the | 5 | | purpose of adopting an infant under 3 years of age or | 6 | | caring for a newly
adopted infant under 3 years of age. | 7 | | However, total credit under this
paragraph (5) may not | 8 | | exceed 3 years.
| 9 | | Any qualified member or annuitant may apply for credit | 10 | | under item (iii)
or (iv) of this paragraph (5) without | 11 | | regard to whether service was
terminated before the | 12 | | effective date of this amendatory Act of 1997. In the case | 13 | | of an annuitant who establishes credit under item (iii)
or | 14 | | (iv), the annuity shall be recalculated to include the | 15 | | additional
service credit. The increase in annuity shall | 16 | | take effect on the date the
System receives written | 17 | | notification of the annuitant's intent to purchase the
| 18 | | credit, if the required evidence is submitted and the | 19 | | required contribution
paid within 60 days of that | 20 | | notification, otherwise on the first annuity
payment date | 21 | | following the System's receipt of the required evidence and
| 22 | | contribution. The increase in an annuity recalculated | 23 | | under this provision
shall be included in the calculation | 24 | | of automatic annual increases in the
annuity accruing after | 25 | | the effective date of the recalculation.
| 26 | | Optional credit may be purchased under this subsection |
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| 1 | | (b)(5) for
periods during which a teacher has been granted | 2 | | a leave of absence pursuant
to Section 24-13 of the School | 3 | | Code. A teacher whose service under this
Article terminated | 4 | | prior to the effective date of P.A. 86-1488 shall be
| 5 | | eligible to purchase such optional credit. If a teacher who | 6 | | purchases this
optional credit is already receiving a | 7 | | retirement annuity under this Article,
the annuity shall be | 8 | | recalculated as if the annuitant had applied for the leave
| 9 | | of absence credit at the time of retirement. The difference | 10 | | between the
entitled annuity and the actual annuity shall | 11 | | be credited to the purchase of
the optional credit. The | 12 | | remainder of the purchase cost of the optional credit
shall | 13 | | be paid on or before April 1, 1992.
| 14 | | The change in this paragraph made by Public Act 86-273 | 15 | | shall
be applicable to teachers who retire after June 1, | 16 | | 1989, as well as to
teachers who are in service on that | 17 | | date.
| 18 | | (6) For a person who first becomes a member before the | 19 | | effective date of this amendatory Act of the 98th General | 20 | | Assembly, any Any days of unused and uncompensated | 21 | | accumulated sick leave earned
by a teacher. The service | 22 | | credit granted under this paragraph shall be the
ratio of | 23 | | the number of unused and uncompensated accumulated sick | 24 | | leave days
to 170 days, subject to a maximum of 2 years of | 25 | | service
credit. Prior to the member's retirement, each | 26 | | former employer shall
certify to the System the number of |
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| 1 | | unused and uncompensated accumulated
sick leave days | 2 | | credited to the member at the time of termination of | 3 | | service.
The period of unused sick leave shall not be | 4 | | considered in determining
the effective date of | 5 | | retirement. A member is not required to make
contributions | 6 | | in order to obtain service credit for unused sick leave.
| 7 | | Credit for sick leave shall, at retirement, be granted | 8 | | by the System
for any retiring regional or assistant | 9 | | regional superintendent of schools
who first becomes a | 10 | | member before the effective date of this amendatory Act of | 11 | | the 98th General Assembly at the rate of 6 days per year of | 12 | | creditable service or portion thereof
established while | 13 | | serving as such superintendent or assistant
| 14 | | superintendent.
| 15 | | (7) Periods prior to February 1, 1987 served as an | 16 | | employee of the
Illinois Mathematics and Science Academy | 17 | | for which credit has not been
terminated under Section | 18 | | 15-113.9 of this Code.
| 19 | | (8) Service as a substitute teacher for work performed
| 20 | | prior to July 1, 1990.
| 21 | | (9) Service as a part-time teacher for work performed
| 22 | | prior to July 1, 1990.
| 23 | | (10) Up to 2 years of employment with Southern Illinois | 24 | | University -
Carbondale from September 1, 1959 to August | 25 | | 31, 1961, or with Governors
State University from September | 26 | | 1, 1972 to August 31, 1974, for which the
teacher has no |
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| 1 | | credit under Article 15. To receive credit under this item
| 2 | | (10), a teacher must apply in writing to the Board and pay | 3 | | the required
contributions before May 1, 1993 and have at | 4 | | least 12 years of service
credit under this Article.
| 5 | | (b-1) A member may establish optional credit for up to 2 | 6 | | years of service
as a teacher or administrator employed by a | 7 | | private school recognized by the
Illinois State Board of | 8 | | Education, provided that the teacher (i) was certified
under | 9 | | the law governing the certification of teachers at the time the | 10 | | service
was rendered, (ii) applies in writing on or after | 11 | | August 1, 2009 and on or before
August 1, 2012, (iii) supplies | 12 | | satisfactory evidence of the employment, (iv)
completes at | 13 | | least 10 years of contributing service as a teacher as defined | 14 | | in
Section 16-106, and (v) pays the contribution required in | 15 | | subsection (d-5) of
Section 16-128. The member may apply for | 16 | | credit under this subsection and pay
the required contribution | 17 | | before completing the 10 years of contributing
service required | 18 | | under item (iv), but the credit may not be used until the
item | 19 | | (iv) contributing service requirement has been met.
| 20 | | (c) The service credits specified in this Section shall be | 21 | | granted only
if: (1) such service credits are not used for | 22 | | credit in any other statutory
tax-supported public employee | 23 | | retirement system other than the federal Social
Security | 24 | | program; and (2) the member makes the required contributions as
| 25 | | specified in Section 16-128. Except as provided in subsection | 26 | | (b-1) of
this Section, the service credit shall be effective as |
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| 1 | | of the date the
required contributions are completed.
| 2 | | Any service credits granted under this Section shall | 3 | | terminate upon
cessation of membership for any cause.
| 4 | | Credit may not be granted under this Section covering any | 5 | | period for
which an age retirement or disability retirement | 6 | | allowance has been paid.
| 7 | | (Source: P.A. 96-546, eff. 8-17-09.)
| 8 | | (40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116)
| 9 | | Sec. 17-116. Service retirement pension.
| 10 | | (a) Each teacher having 20 years of service upon attainment | 11 | | of age 55,
or who thereafter attains age 55 shall be entitled | 12 | | to a service retirement
pension upon or after attainment of age | 13 | | 55; and each teacher in service on or
after July 1, 1971, with | 14 | | 5 or more but less than 20 years of service shall be
entitled | 15 | | to receive a service retirement pension upon or after | 16 | | attainment of
age 62.
| 17 | | (b) The service retirement pension
for a teacher who | 18 | | retires on or after June 25, 1971, at age
60 or over, shall be | 19 | | calculated as follows:
| 20 | | (1) For creditable service earned before July 1, 1998 | 21 | | that has not been
augmented under Section 17-119.1: 1.67% | 22 | | for each of the first 10 years
of service; 1.90% for each | 23 | | of the next 10 years of service; 2.10% for
each year of | 24 | | service in excess of 20 but not exceeding 30; and 2.30% for
| 25 | | each year of service in excess of 30, based upon average |
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| 1 | | salary as
herein defined.
| 2 | | (2) For creditable service earned on or after July 1, | 3 | | 1998 by a member
who has at least 30 years of creditable | 4 | | service on July 1, 1998 and who does
not elect to augment | 5 | | service under Section 17-119.1: 2.3% of average salary
for | 6 | | each year of creditable service earned on or after July 1, | 7 | | 1998.
| 8 | | (3) For all other creditable service: 2.2% of average | 9 | | salary
for each year of creditable service.
| 10 | | (c) When computing such service retirement pensions, the
| 11 | | following conditions shall apply:
| 12 | | 1. Average salary shall consist of the average annual | 13 | | rate of salary
for the 4 consecutive years of validated | 14 | | service within the last 10 years
of service when such | 15 | | average annual rate was highest. In the determination
of | 16 | | average salary for retirement allowance purposes, for | 17 | | members who
commenced employment after August 31, 1979, | 18 | | that part of the salary for any
year shall be excluded | 19 | | which exceeds the annual full-time salary rate for
the | 20 | | preceding year by more than 20%. In the case of a member | 21 | | who commenced
employment before August 31, 1979 and who | 22 | | receives salary during any year
after September 1, 1983 | 23 | | which exceeds the annual full time salary rate for
the | 24 | | preceding year by more than 20%,
an Employer and other | 25 | | employers of
eligible contributors as defined in Section | 26 | | 17-106
shall pay to the Fund an amount equal to the present |
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| 1 | | value of the
additional service retirement pension | 2 | | resulting from such excess salary.
The present value of the | 3 | | additional service retirement pension shall be
computed by | 4 | | the Board on the basis of actuarial tables adopted by the
| 5 | | Board. If a member elects to receive a pension from this | 6 | | Fund
provided by
Section 20-121, his salary under the State | 7 | | Universities Retirement System
and the Teachers' | 8 | | Retirement System of the State of Illinois shall be
| 9 | | considered in determining such average salary. Amounts | 10 | | paid after the
effective date of this amendatory Act of | 11 | | 1991 for unused vacation time
earned after that effective | 12 | | date shall not under any circumstances be
included in the | 13 | | calculation of average salary or the annual rate of salary
| 14 | | for the purposes of this Article.
| 15 | | 2. Proportionate credit shall be given for validated | 16 | | service of less
than one year.
| 17 | | 3. For retirement at age 60 or over the pension shall | 18 | | be payable at
the full rate.
| 19 | | 4. For separation from service below age 60 to a | 20 | | minimum age of 55,
the pension shall be discounted at the | 21 | | rate of 1/2 of one per cent for
each month that the age of | 22 | | the contributor is less than 60, but a
teacher may elect to | 23 | | defer the effective date of pension in order to
eliminate | 24 | | or reduce this discount. This discount shall not be | 25 | | applicable
to any participant who has at least 34 years of | 26 | | service or a
retirement pension of at least 74.6% of |
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| 1 | | average salary on the date the
retirement annuity begins.
| 2 | | 5. No additional pension shall be granted for service | 3 | | exceeding 45
years. Beginning June 26, 1971 no pension | 4 | | shall exceed the greater of
$1,500 per month or 75% of | 5 | | average salary as herein defined.
| 6 | | 6. Service retirement pensions shall begin on the | 7 | | effective date of
resignation, retirement, the day | 8 | | following the close of the payroll
period for which service | 9 | | credit was validated, or the time the person
resigning or | 10 | | retiring attains age 55, or on a date elected by the
| 11 | | teacher, whichever shall be latest.
| 12 | | 7. A member who is eligible to receive a retirement | 13 | | pension of at least
74.6% of average salary and will attain | 14 | | age 55 on or before December 31
during the year which | 15 | | commences on July 1 shall be deemed to attain age 55 on
the | 16 | | preceding June 1.
| 17 | | 8. A member retiring after the effective date of this | 18 | | amendatory Act
of 1998 shall receive a pension equal to 75% | 19 | | of average salary if the
member is qualified to receive a | 20 | | retirement pension equal to at least 74.6%
of average | 21 | | salary under this Article or as proportional annuities | 22 | | under
Article 20 of this Code.
| 23 | | 9. In the case of a person who first becomes a | 24 | | participant on or after the effective date of this | 25 | | amendatory Act of the 98th General Assembly, payments for | 26 | | unused sick or vacation time shall not be used in the |
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| 1 | | calculation of average salary. | 2 | | (Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)
| 3 | | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| 4 | | Sec. 17-134. Contributions for leaves of absence; military | 5 | | service;
computing service. In computing service for pension | 6 | | purposes the following
periods of service shall stand in lieu | 7 | | of a like number of years of teaching
service upon payment | 8 | | therefor in the manner hereinafter provided: (a) time
spent on | 9 | | a leave of absence granted by the
employer;
(b) service with | 10 | | teacher or labor organizations based upon special
leaves of | 11 | | absence therefor granted by an Employer; (c) a maximum of 5 | 12 | | years
spent in the military service of the United States, of | 13 | | which up to 2 years
may have been served outside the pension | 14 | | period; (d) unused sick days at
termination of service to a | 15 | | maximum of 244 days; (e) time lost due
to layoff and | 16 | | curtailment of the school term from June 6 through June 21, | 17 | | 1976;
and (f) time spent after June 30, 1982 as a member of the | 18 | | Board of Education,
if required to resign from an | 19 | | administrative or teaching position in order to
qualify as a | 20 | | member of the Board of Education.
| 21 | | (1) For time spent on or after September 6, 1948 on | 22 | | sabbatical
leaves of absence or sick leaves, for which | 23 | | salaries are paid, an Employer
shall make payroll | 24 | | deductions at the applicable rates in effect
during such | 25 | | periods.
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| 1 | | (2) For time spent on a leave of absence granted by the | 2 | | employer for which no salaries are paid,
teachers desiring | 3 | | credit therefor shall pay the required contributions at the
| 4 | | rates in effect during such periods as though they were in | 5 | | teaching service.
If an Employer pays salary for vacations | 6 | | which occur during a teacher's sick
leave or maternity or | 7 | | paternity leave without salary, vacation pay for which
the | 8 | | teacher would have qualified while in active service shall | 9 | | be considered
part of the teacher's total salary for | 10 | | pension purposes. No more than 36 months of leave credit | 11 | | may be
allowed any person during the entire term of | 12 | | service. Sabbatical leave credit
shall be limited to the | 13 | | time the person on leave without salary under an
Employer's | 14 | | rules is allowed to engage in an activity for which he | 15 | | receives
salary or compensation.
| 16 | | (3) For time spent prior to September 6, 1948, on | 17 | | sabbatical
leaves of absence or sick leaves for which | 18 | | salaries were paid, teachers
desiring service credit | 19 | | therefor shall pay the required contributions at the
| 20 | | maximum applicable rates in effect during such periods.
| 21 | | (4) For service with teacher or labor organizations | 22 | | authorized by special
leaves of absence, for which no | 23 | | payroll deductions are made by an Employer,
teachers | 24 | | desiring service credit therefor shall contribute to the | 25 | | Fund upon
the basis of the actual salary received from such | 26 | | organizations at the
percentage rates in effect during such |
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| 1 | | periods for certified positions with
such Employer. To the | 2 | | extent the actual salary exceeds the regular salary,
which | 3 | | shall be defined as the salary rate, as calculated by the | 4 | | Board, in
effect for the teacher's regular position in | 5 | | teaching service on September 1,
1983 or on the effective | 6 | | date of the leave with the organization, whichever is
| 7 | | later, the organization shall pay to the Fund the | 8 | | employer's normal cost as set
by the Board on the | 9 | | increment. Notwithstanding any other provision of this | 10 | | subdivision (4), teachers are only eligible for credit for | 11 | | service under this subdivision (4) if the special leave of | 12 | | absence begins before January 5, 2012 ( the effective date | 13 | | of Public Act 97-651) this amendatory Act of the 97th | 14 | | General Assembly .
| 15 | | (5) For time spent in the military service, teachers | 16 | | entitled to and
desiring credit therefor shall contribute | 17 | | the amount required for each year
of service or fraction | 18 | | thereof at the rates in force (a) at the date of
| 19 | | appointment, or (b) on return to teaching service as a | 20 | | regularly certified
teacher, as the case may be; provided | 21 | | such rates shall not be less than $450
per year of service. | 22 | | These conditions shall apply unless an Employer elects
to | 23 | | and does pay into the Fund the amount which would have been | 24 | | due from such
person had he been employed as a teacher | 25 | | during such time. In the case of
credit for military | 26 | | service not during the pension period, the teacher must
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| 1 | | also pay to the Fund an amount determined by the Board to | 2 | | be equal to the
employer's normal cost of the benefits | 3 | | accrued from such service, plus interest
thereon at 5% per | 4 | | year, compounded annually, from the date of appointment to
| 5 | | the date of payment.
| 6 | | The changes to this Section made by Public Act 87-795 | 7 | | shall apply
not only to persons who on or after its | 8 | | effective
date are in service under the Fund, but also to | 9 | | persons whose status as a
teacher terminated prior to that | 10 | | date, whether or not the person is an
annuitant on that | 11 | | date. In the case of an annuitant who applies for credit
| 12 | | allowable under this Section for a period of military | 13 | | service that did not
immediately follow employment, and who | 14 | | has made the required contributions for
such credit, the | 15 | | annuity shall be recalculated to include the additional
| 16 | | service credit, with the increase taking effect on the date | 17 | | the Fund received
written notification of the annuitant's | 18 | | intent to purchase the credit, if
payment of all the | 19 | | required contributions is made within 60 days of such
| 20 | | notice, or else on the first annuity payment date following | 21 | | the date of
payment of the required contributions. In | 22 | | calculating the automatic annual
increase for an annuity | 23 | | that has been recalculated under this Section, the
increase | 24 | | attributable to the additional service allowable under | 25 | | this
amendatory Act of 1991 shall be included in the | 26 | | calculation of automatic
annual increases accruing after |
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| 1 | | the effective date of the recalculation.
| 2 | | The total credit for military service shall not exceed | 3 | | 5 years, except
that any teacher who on July 1, 1963, had | 4 | | validated credit for more than 5
years of military service | 5 | | shall be entitled to the total amount of such credit.
| 6 | | (6) For persons who first become teachers before the | 7 | | effective date of this amendatory Act of the 98th General | 8 | | Assembly, a A maximum of 244 unused sick days credited to | 9 | | his account
by an Employer on the date of termination of | 10 | | employment. Members, upon
verification of unused sick | 11 | | days, may add this service time to total creditable
| 12 | | service.
| 13 | | (7) In all cases where time spent on leave is | 14 | | creditable and
no payroll deductions therefor are made by | 15 | | an Employer, persons
desiring service credit shall make the | 16 | | required contributions directly to
the Fund.
| 17 | | (8) For time lost without pay due to layoff and | 18 | | curtailment of
the school term from June 6 through June 21, | 19 | | 1976, as provided in item (e) of
the first paragraph of | 20 | | this Section, persons who were contributors on
the days | 21 | | immediately preceding such layoff shall receive credit | 22 | | upon
paying to the Fund a contribution based on the rates | 23 | | of compensation and
employee contributions in effect at the | 24 | | time of such layoff, together
with an additional amount | 25 | | equal to 12.2% of the compensation computed
for such period | 26 | | of layoff, plus interest on the entire amount at 5% per
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| 1 | | annum from January 1, 1978 to the date of payment. If such | 2 | | contribution
is paid, salary for pension purposes for any | 3 | | year in which such a layoff
occurred shall include the | 4 | | compensation recognized for purposes of
computing that | 5 | | contribution.
| 6 | | (9) For time spent after June 30, 1982, as a | 7 | | nonsalaried member
of the Board of Education, if required | 8 | | to resign from an administrative or
teaching position in | 9 | | order to qualify as a member of the Board of
Education, an | 10 | | administrator or teacher desiring credit therefor shall | 11 | | pay
the required contributions at the rates and salaries in | 12 | | effect during such
periods as though the member were in | 13 | | service.
| 14 | | Effective September 1, 1974, the interest charged for | 15 | | validation of
service described in paragraphs (2) through (5) | 16 | | of this Section shall be
compounded annually at a rate of 5% | 17 | | commencing one
year after the termination of the leave or | 18 | | return to service.
| 19 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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