State of Illinois
90th General Assembly
Legislation

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90_SB1910

      40 ILCS 5/9-179.1         from Ch. 108 1/2, par. 9-179.1
      30 ILCS 805/8.22 new
          Amends the Cook County Article of  the  Pension  Code  in
      relation  to  credit  for  military  service  not immediately
      preceded by county service.  Allows purchase of  that  credit
      by any person with at least 15 years of service credit in the
      Fund.   Increases  the  amount  of  that  credit  that may be
      purchased, from 2 to 4 years.  Amends the State Mandates  Act
      to  require  implementation without reimbursement.  Effective
      immediately.
                                                     LRB9011511EGfg
                                               LRB9011511EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 9-179.1 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 9-179.1 as follows:
 7        (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1)
 8        Sec.  9-179.1. Military service.  A contributing employee
 9    as of January 1, 1993 with at least 15 25  years  of  service
10    credit  may  apply for creditable service for up to 4 years 2
11    years of military service whether or not the military service
12    followed service as a county employee.  The military  service
13    need  not  have been served in wartime, but the employee must
14    not have been dishonorably  discharged.   To  establish  this
15    creditable  service the applicant must pay to the Fund, while
16    in the service of the county, an  amount  determined  by  the
17    Fund   to   represent  the  employee  contributions  for  the
18    creditable service established, based on the employee's  rate
19    of  compensation  on  his  or  her  last day as a contributor
20    before the military service, or on his or her first day as  a
21    contributor after the military service, whichever is greater,
22    plus  interest  at  the  effective  rate  from  the  date  of
23    discharge to the date of payment.
24        The  4  years of military service credit authorized to be
25    established under this Section is in addition to any military
26    service credit authorized under Section 9-179, but  a  person
27    may  not establish credit under both this Section and Section
28    9-179 for the same period of military service.  A person  may
29    not  establish  credit  for  military service under both this
30    Section and Section 9-120.1.
31        If a person who has established  any  credit  under  this
                            -2-                LRB9011511EGfg
 1    Section   applies   for  or  receives  any  early  retirement
 2    incentive  under  Section  9-134.2,  the  credit  under  this
 3    Section shall be forfeited and the amount paid  to  the  Fund
 4    under this Section shall be refunded.
 5    (Source: P.A. 87-1265.)
 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.22 as follows:
 8        (30 ILCS 805/8.22 new)
 9        Sec. 8.22. Exempt mandate.   Notwithstanding  Sections  6
10    and  8 of this Act, no reimbursement by the State is required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of 1998.
13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.

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