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90_SB0925
40 ILCS 5/9-219 from Ch. 108 1/2, par. 9-219
30 ILCS 805/8.21 new
Amends the Cook County Article of the Pension Code.
Allows certain members of the county department of
corrections to purchase up to 3 years of service credit for
periods spent on leave of absence to serve as an officer of
an employee association serving police or corrections
officers. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
LRB9003329EGfg
LRB9003329EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 9-219 and to amend the State Mandates Act.
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 9-219 as follows:
7 (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
8 Sec. 9-219. Computation of service.
9 (1) In computing the term of service of an employee
10 prior to the effective date, the entire period beginning on
11 the date he was first appointed and ending on the day before
12 the effective date, except any intervening period during
13 which he was separated by withdrawal from service, shall be
14 counted for all purposes of this Article.
15 (2) In computing the term of service of any employee on
16 or after the effective date, the following periods of time
17 shall be counted as periods of service for age and service,
18 widow's and child's annuity purposes:
19 (a) The time during which he performed the duties
20 of his position.
21 (b) Vacations, leaves of absence with whole or part
22 pay, and leaves of absence without pay not longer than 90
23 days.
24 (c) For an employee who is a member of a county
25 police department, approved leaves of absence without pay
26 during which the employee serves as head of an employee
27 association, the membership of which consists of other
28 police officers, provided that the employee contributes
29 to the Fund (1) the amount that he would have contributed
30 had he remained an active member of the county police
31 department in the position he occupied at the time the
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1 leave of absence was granted, (2) an amount calculated by
2 the Board representing employer contributions, and (3)
3 regular interest thereon from the date of service to the
4 date of payment.
5 For an employee who is a member of a county
6 department of corrections, up to 3 years of approved
7 leaves of absence without pay during which the employee
8 serves as an officer of an employee association, the
9 membership of which consists primarily of police or
10 corrections officers, provided that the employee applies
11 for this credit by July 1, 1998 and contributes to the
12 Fund before retirement (1) the amount that the applicant
13 would have contributed had he or she remained an active
14 member of the county department of corrections in the
15 position that he or she occupied at the time the leave of
16 absence was granted, (2) an amount calculated by the
17 Board representing employer contributions, and (3)
18 regular interest thereon from the date of service to the
19 date of payment.
20 For a former member of a county police department
21 who has received a refund under Section 9-164, periods
22 during which the employee serves as head of an employee
23 association, the membership of which consists of other
24 police officers, provided that the employee contributes
25 to the Fund (1) the amount that he would have contributed
26 had he remained an active member of the county police
27 department in the position he occupied at the time he
28 left service, (2) an amount calculated by the Board
29 representing employer contributions, and (3) regular
30 interest thereon from the date of service to the date of
31 payment. However, if the former member of the county
32 police department retires on or after January 1, 1993 but
33 no later than March 1, 1993, the amount representing
34 employer contributions specified in item (2) shall be
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1 waived.
2 (d) Any period of disability for which he received
3 disability benefit or whole or part pay.
4 (e) Accumulated vacation or other time for which an
5 employee who retires on or after November 1, 1990
6 receives a lump sum payment at the time of retirement,
7 provided that contributions were made to the fund at the
8 time such lump sum payment was received. The service
9 granted for the lump sum payment shall not change the
10 employee's date of withdrawal for computing the effective
11 date of the annuity.
12 (f) An employee may receive service credit for
13 annuity purposes for accumulated sick leave as of the
14 date of the employee's withdrawal from service, not to
15 exceed a total of 180 days, provided that the amount of
16 such accumulated sick leave is certified by the County
17 Comptroller to the Board and the employee pays an amount
18 equal to 8.5% (9% for members of the County Police
19 Department who are eligible to receive an annuity under
20 Section 9-128.1) of the amount that would have been paid
21 had such accumulated sick leave been paid at the
22 employee's final rate of salary. Such payment shall be
23 made within 30 days after the date of withdrawal and
24 prior to receipt of the first annuity check. The service
25 credit granted for such accumulated sick leave shall not
26 change the employee's date of withdrawal for the purpose
27 of computing the effective date of the annuity.
28 (3) In computing the term of service of an employee on
29 or after the effective date for ordinary disability benefit
30 purposes, the following periods of time shall be counted as
31 periods of service:
32 (a) Unless otherwise specified in Section 9-157,
33 the time during which he performed the duties of his
34 position.
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1 (b) Paid vacations and leaves of absence with whole
2 or part pay.
3 (c) Any period for which he received duty
4 disability benefit.
5 (d) Any period of disability for which he received
6 whole or part pay.
7 (4) For an employee who on January 1, 1958, was
8 transferred by Act of the 70th General Assembly from his
9 position in a department of welfare of any city located in
10 the county in which this Article is in force and effect to a
11 similar position in a department of such county, service
12 shall also be credited for ordinary disability benefit and
13 child's annuity for such period of department of welfare
14 service during which period he was a contributor to a
15 statutory annuity and benefit fund in such city and for which
16 purposes service credit would otherwise not be credited by
17 virtue of such involuntary transfer.
18 (5) An employee described in subsection (e) of Section
19 9-108 shall receive credit for child's annuity and ordinary
20 disability benefit for the period of time for which he was
21 credited with service in the fund from which he was
22 involuntarily separated through class or group transfer;
23 provided, that no such credit shall be allowed to the extent
24 that it results in a duplication of credits or benefits, and
25 neither shall such credit be allowed to the extent that it
26 was or may be forfeited by the application for and acceptance
27 of a refund from the fund from which the employee was
28 transferred.
29 (6) Overtime or extra service shall not be included in
30 computing service. Not more than 1 year of service shall be
31 allowed for service rendered during any calendar year.
32 (Source: P.A. 86-1488; 87-794; 87-1265.)
33 Section 90. The State Mandates Act is amended by adding
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1 Section 8.21 as follows:
2 (30 ILCS 805/8.21 new)
3 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
4 and 8 of this Act, no reimbursement by the State is required
5 for the implementation of any mandate created by this
6 amendatory Act of 1997.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.