(40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
Sec. 8-226. Computation of service.
In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article, except that for any employee who was not
in service on the day before the effective date, service rendered prior to
such date shall not be considered for the purposes of Section 8-138.
For a person employed by an employer for whom this Article was in effect
prior to January 1, 1950, from whose salary deductions are first made under
this Article after December 31, 1949, any period of service rendered prior
to the effective date, unless he was in service on the day before the
effective date, shall not be counted as service.
The time a person was an employee of any territory annexed to the city
prior to the effective date shall be counted as a period of service.
In computing the term of service of any employee subsequent to the day
before the effective date, the following periods shall be counted as
periods of service for age and service, widow's and child's annuity
purposes:
(a) The time during which he performed the duties of |
| the effective date of this amendatory Act of the 97th General Assembly and during which a participant is employed full-time by a local labor organization that represents municipal employees, provided that (1) the participant continues to make employee contributions to the Fund as though he were an active employee, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence (and in the case of such employment prior to December 9, 1987, pays to the Fund an amount equal to the employee contributions for such employment plus regular interest thereon as calculated by the board), and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991, (2) after January 1, 1989 the participant, or the labor organization on the participant's behalf, makes contributions to the Fund as though it were the employer, in the same amount and same manner as specified under this Article, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence, and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991, and (3) the participant does not receive credit in any pension plan established by the local labor organization based on his employment by the organization;
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For a person employed by an employer in which the 1921 Act was in effect
prior to January 1, 1950, from whose salary deductions are first made under
the 1921 Act or this Article after December 31, 1949, any period of service
rendered subsequent to the effective date and prior to the date he became
an employee and contributor, shall not be counted as a period of service
under this Article,
except such period for which he made payment as
provided in Section 8-230 of this Article, in which case such period shall
be counted as a period of service for all annuity purposes hereunder.
In computing the term of service of an employee subsequent to the day
before the effective date for ordinary disability benefit purposes, all
periods described in the preceding paragraph, except any such period for
which he receives ordinary disability benefit, shall be counted as periods
of service; provided, that for any person employed by an employer in which
this Article was in effect prior to January 1, 1950, from whose salary
deductions are first made under this Article after December 31, 1949, any
period of service rendered subsequent to the effective date and prior to
the date he became an employee and contributor, shall not be counted as a
period of service for ordinary disability benefit purposes, unless the person
made payment for the period as provided in Section 8-230 of this Article, in
which case the period shall be counted as a period of service for ordinary
disability purposes for periods of disability on or after the effective date of
this amendatory Act of 1997.
Overtime or extra service shall not be included in computing any term of
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
For the purposes of this Section, the phrase "any pension plan established by the local labor organization" means any pension plan in which a participant may receive credit as a result of his or her membership in the local labor organization, including, but not limited to, the local labor organization itself and its affiliates at the local, intrastate, State, multi-state, national, or international level. The definition of this phrase is a declaration of existing law and shall not be construed as a new enactment.
(Source: P.A. 97-651, eff. 1-5-12.)
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