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Illinois Compiled Statutes
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PENSIONS (40 ILCS 5/) Illinois Pension Code. 40 ILCS 5/Art. 13 Pt. IV
(40 ILCS 5/Art. 13 Pt. IV heading)
Part IV.
Computation of Service.
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40 ILCS 5/13-401
(40 ILCS 5/13-401) (from Ch. 108 1/2, par. 13-401)
Sec. 13-401.
Term of service.
(a) In computing the term of service, the following periods of time shall
be counted as periods of service for annuity purposes only:
(1) the time during which the employee performs | | services required by the Employer.
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(2) approved vacations or leaves of absence with
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(3) any period for which the employee receives a
| | disability benefit payable under this Article.
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(4) leaves of absence for military service as
| | provided in Section 13-403(a), and military service as provided in Section 13-403(b).
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(b) In computing the term of service for the ordinary disability benefit,
the following periods of time shall be counted as periods of service:
(1) the time during which the employee performs
| | services required by the Employer.
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(2) approved vacations or leaves of absence with
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(3) any period for which the employee receives a duty
| | disability benefit under this Article.
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(c) Any employee who first enters service before the effective date
of this amendatory Act of 1997 may, during any period of approved leave of
absence without pay, continue to make contributions for the retirement and
surviving spouse's annuities for a total period not to exceed one year during
the employee's entire aggregate service with the Employer. Upon making these
contributions, the employee shall receive credit in terms of length of service
for the retirement and surviving spouse's annuities. Concurrent Employer's
contributions shall be provided by the District.
(d) An employee may establish credit for periods of approved leave of
absence without pay, not to exceed a total of one year during the employee's
aggregate service with the employer. To establish this credit, the employee
must either continue to remain on approved leave of absence, return to service
with the employer, or in the case of an employee who first enters service on or
after the effective date of this amendatory Act of 1997, return to service with
the employer for at least one calendar year. The employee must pay to the Fund
the corresponding employee contributions, plus interest at the annual rate from
time to time determined by the Board, compounded annually from the date of
service to the date of payment. The corresponding employer contributions shall
be provided by the District. Upon making the required contributions, the
employee shall receive credit in terms of length of service for the retirement
and surviving spouse's annuity in proportion to the number of pay periods or
portion thereof for which contributions were made relative to 26 pay periods.
(e) Overtime or extra service shall not be included in computing any
service. Not more than one year of service credit shall be allowed
for service rendered during any calendar year.
(Source: P.A. 93-334, eff. 7-24-03.)
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40 ILCS 5/13-402
(40 ILCS 5/13-402) (from Ch. 108 1/2, par. 13-402)
Sec. 13-402. Length of service. For the purpose of computing the length
of service for the retirement annuity, surviving spouse's annuity, and
child's annuity, and calculating the minimum service requirement for
payment of military service under subsection (b) of Section 13-403,
service of 120 days in any one calendar year shall constitute one year
of service and service for any fractional part thereof shall constitute an
equal fractional part of one year of service unless specifically provided
otherwise. For all other purposes under this Article, including but not
limited to the optional plans of additional benefits and contributions provided
under Sections 13-304, 13-304.1, and 13-314 of this Article, 26 pay periods of service
during any 12 consecutive months shall constitute a year of service, and
service rendered for 50% or more of a single pay period shall constitute
service for the full pay period. Service of less than 50% of a single pay
period shall not be counted.
(Source: P.A. 93-334, eff. 7-24-03; 94-621, eff. 8-18-05.)
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40 ILCS 5/13-403
(40 ILCS 5/13-403) (from Ch. 108 1/2, par. 13-403)
Sec. 13-403. Military service.
(a) Any employee who, after commencement of
service with the Employer, enlisted, was inducted or was otherwise ordered
to serve in the military forces of the United States pursuant to any law,
shall receive full service credit for the various purposes of this Article
as though the employee were in the active service of the Employer during
the period of military service provided that:
(1) such service credit shall be granted for military | | service for which the employee volunteers or is inducted or called into military service pursuant to a call of a duly constituted authority or a law of the United States declaring a national emergency;
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(2) the employee returns to the employ of the
| | Employer within 90 days after the termination of the national emergency; and
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(3) the total service credit for such military
| | service shall not exceed 5 years except that any employee who on July 1, 1963 had accrued more than 5 years of such credit shall be entitled to the total amount thereof.
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(b) For a ten-year period following July 24, 2003, a contributing employee or commissioner
meeting the minimum service requirements provided under this subsection may
establish additional service credit for a period of up to 2 years of active
military service in the United States Armed Forces for which he or she does not
qualify for credit under subsection (a), 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 (b), when added
to the amount of any military service credit granted to the person under
subsection (a), shall not exceed 5 years.
The minimum service requirement for a contributing employee is 10 years of
service credit as provided in Sections 13-401 and 13-402 of this Article and
exclusive of Article 20. The minimum service requirement for a contributing
commissioner is 5 years of service credit as provided in Sections 13-401 and
13-402 of this Article and
exclusive of Article 20.
In order to establish military service credit under this subsection (b),
the applicant must submit a written application to the Fund, including the
applicant's discharge papers from military service, and pay to the Fund (i)
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 (ii) the current amount determined
by the board to be equal to the employer's normal cost of the benefits accrued
for such military service, plus (iii) regular interest of 3% compounded
annually on items (i) and (ii) from the date of entry or re-entry as a
participating employee following the military service to the date of payment.
Contributions must be paid in full before the credit is granted. Credit
established under this subsection may be used for pension purposes only.
Notwithstanding any other provision of this Section, a person may not
establish creditable service under this Section for any period for which the
person receives credit under any other public employee retirement system,
unless the credit under that other retirement system has been irrevocably
relinquished.
(Source: P.A. 93-334, eff. 7-24-03; 94-621, eff. 8-18-05.)
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