(40 ILCS 5/12-127) (from Ch. 108 1/2, par. 12-127)
Sec. 12-127. Computation of service.
(a) If an employee during any leave of absence for 30 days or more
without pay who is not receiving ordinary disability or duty disability
benefits contributes the percentage of salary theretofore deducted from
his salary for annuity purposes, the employer shall contribute
corresponding amounts for such purposes. Payment for any approved leave
of absence shall not be valid unless made during such absence or within
30 days from expiration thereof. The aggregate of leaves of absence for
which contributions may be made during the entire employee's service
shall be 1 year.
(b) In computing service, credit shall be given for all leaves of
absence subject to the limitations specified in the following paragraph
during the time an employee was engaged in the military or naval service
of the United States of America during the years 1914 to 1919,
inclusive, or between September 16, 1940, and July 25, 1947, or between
June 25, 1950, and January 31, 1955, and any such service rendered after
January 31, 1955, and who within 180 days subsequent to the completion of
military or naval service re-enters the service of the employer.
The total credit any employee shall receive for military or naval
service during the entire term of service as an employee shall be
subject to the following conditions and limitations:
(1) if entry into military or naval service occurs |
The contributions an employee would have made during the period of
such military or naval service, together with the prescribed employer
contributions, shall be made by the employer and shall be based on the
salary for the position occupied by the employee on the date of
commencement of the leave of absence.
(c) For all purposes of this Article except the provisions of
Section 12-133, the following shall constitute a year of service in any
fiscal year for salary payable according to the basis specified: Monthly
Basis: 4 months; Weekly Basis: 17 weeks; Daily Basis: 100 days; Hourly
Basis: 800 hours, except that in the case of an employee becoming a
participant of the fund on and after July 1, 1973, the following
schedule shall govern for all purposes of this Article: Service during 9
months or more in any fiscal year shall constitute a year of service; 6
to 8 months, inclusive, 3/4 of a year; 3 to 5 months, inclusive, 1/2
year; less than 3 months, 1/4 of a year; 15 days or more in any month, a
month of service. However, for the 6-month fiscal year July 1, 2012 through December 31, 2012, the amount of service earned shall not exceed 1/2 year.
(d) The periods an employee received ordinary or duty disability
benefit shall be included in the computation of service.
(e) Upon receipt of the specified payment, credits transferred to a
fund established under this Article pursuant to subsection (d) of Section
8-226.1, subsection (d) of Section 9-121.1, or Section
14-105.1 of this Code shall be included in the computation
of service.
(f) A contributing employee may establish additional
service credit for a period of up to 2 years spent in active military
service for which he or she does not qualify for credit under subsection
(b), provided that (1) the person was not dishonorably discharged from the
military service, and (2) the amount of service credit established by the
person under this subsection (f), when added to the amount of any military
service credit granted to the person under subsection (b), shall not exceed
5 years. In order to establish military service credit under this
subsection (f), the applicant must submit a written application to the
Fund, including a copy of the applicant's discharge from military service,
and pay to the Fund (1) employee contributions at the rates provided in
this Article based upon the person's salary on the last date as a
participating employee prior to the military service, or on the first date
as a participating employee after the military service, whichever is
greater, plus (2) an amount determined by the board to be equal to the
employer's normal cost of the benefits accrued for such military service,
plus (3) regular interest on items (1) and (2) from the date of conclusion
of the military service to the date of payment. Contributions must be paid
in a single lump sum before the credit will be granted. Credit established
under this subsection may be used for pension purposes only.
(g) A contributing employee may establish additional service credit for a
period of up to 5 years of employment by the United States federal government
for which he or she does not qualify for credit under any other provision of
this Article, provided that (1) the amount of service credit established by the
person under this subsection (g), when added to the amount of all military
service credit granted to the person under subsections (b) and (f), shall not
exceed 5 years, and (2) any credit received for the federal employment in any
other public pension fund or retirement system has been terminated or
relinquished.
In order to establish service credit under this subsection (g), the
applicant must submit a written application to the Fund, including such
documentation of the federal employment as the Board may require, and pay
to the Fund (1) employee contributions at the rates provided in
this Article based upon the person's salary on the last date as a
participating employee prior to the federal service, or on the first date
as a participating employee after the federal service, whichever is
greater, plus (2) an amount determined by the Board to be equal to the
employer's normal cost of the benefits accrued for such federal service,
plus (3) regular interest on items (1) and (2) from the date of conclusion
of the federal service to the date of payment. Contributions must be paid
in a single lump sum before the credit is granted. Credit established
under this subsection may be used for pension purposes only.
(Source: P.A. 97-973, eff. 8-16-12.)
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