State of Illinois
90th General Assembly

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      40 ILCS 5/15-112          from Ch. 108 1/2, par. 15-112
          Amends the State Universities Article of the the  Pension
      Code  to  allow certain university firefighters to have their
      benefits based on their salary on the last day of service  as
      a firefighter.  Effective immediately.
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 15-112.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 15-112 as follows:
 7        (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
 8        Sec. 15-112.  Final rate of  earnings.   "Final  rate  of
 9    earnings":  For an employee who is paid on an hourly basis or
10    who  receives  an  annual  salary  in  installments during 12
11    months of each academic year,  the  average  annual  earnings
12    during  the  48 consecutive calendar month period ending with
13    the last day of final termination  of  employment  or  the  4
14    consecutive academic years of service in which the employee's
15    earnings  were  the  highest,  whichever is greater.  For any
16    other employee, the average  annual  earnings  during  the  4
17    consecutive  academic  years  of  service in which his or her
18    earnings were the highest.  For an employee with less than 48
19    months or 4  consecutive  academic   years  of  service,  the
20    average  earnings during his or her entire period of service.
21    The earnings of an employee  with  more  than  36  months  of
22    service  prior to the date of becoming a participant are, for
23    such period, considered equal to the average earnings  during
24    the last 36 months of such service.  For an employee on leave
25    of  absence  with pay, or on leave of absence without pay who
26    makes contributions during such leave, earnings  are  assumed
27    to  be  equal to the basic compensation on the date the leave
28    began.  For an employee on  disability  leave,  earnings  are
29    assumed  to  be  equal  to the basic compensation on the date
30    disability occurs or  the  average  earnings  during  the  24
31    months  immediately  preceding  the month in which disability
                            -2-                LRB9000413EGfg
 1    occurs, whichever is greater.
 2        For a participant who retires on or after  the  effective
 3    date of this amendatory Act of 1997 with at least 20 years of
 4    service  as  a firefighter under this Article, the final rate
 5    of earnings shall be the annual rate of earnings received  by
 6    the participant on his or her last day as a firefighter under
 7    this  Article,  if  that  is  greater  than the final rate of
 8    earnings as calculated under the  other  provisions  of  this
 9    Section.
10        If  a  participant  is  an employee for at least 6 months
11    during the academic year in which his or  her  employment  is
12    terminated, the annual final rate of earnings shall be 25% of
13    the  sum  of (1) the annual basic compensation for that year,
14    and (2) the amount earned during the  36  months  immediately
15    preceding  that  year, if this is greater than the final rate
16    of earnings as calculated under the other provisions of  this
17    Section.
18        The   following   are   not  considered  as  earnings  in
19    determining  final  rate   of   earnings:   separation   pay,
20    retirement  pay,  payment  in  lieu  of unused sick leave and
21    payments from an employer for the period used in  determining
22    final  rate  of  earnings for any purpose other than services
23    rendered, leave of absence or vacation  granted  during  that
24    period,  and  vacation  of  up  to  56 work days allowed upon
25    termination of employment  under  a  vacation  policy  of  an
26    employer which was in effect on or before January 1, 1977.
27        Intermittent  periods  of  service shall be considered as
28    consecutive in determining final rate of earnings.
29    (Source: P.A. 84-1472.)
30        Section 99. Effective date.  This Act takes  effect  upon
31    becoming law.

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