State of Illinois
92nd General Assembly
Legislation

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92_HB0513eng

 
HB0513 Engrossed                               LRB9200763LDpr

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 14-104.

 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 14-104 as follows:

 7        (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
 8        Sec. 14-104. Service for which  contributions  permitted.
 9    Contributions  provided  for  in this Section shall cover the
10    period of service granted.  Except as otherwise  provided  in
11    this  Section,  the  contributions  shall  be  based upon the
12    employee's compensation and contribution rate  in  effect  on
13    the date he last became a member of the System; provided that
14    for  all employment prior to January 1, 1969 the contribution
15    rate shall be that in effect for a noncovered employee on the
16    date he last became  a  member  of  the  System.   Except  as
17    otherwise  provided  in this Section, contributions permitted
18    under this Section shall include regular  interest  from  the
19    date  an  employee  last became a member of the System to the
20    date of payment.
21        These  contributions  must  be  paid   in   full   before
22    retirement either in a lump sum or in installment payments in
23    accordance with such rules as may be adopted by the board.
24        (a)  Any  member  may  make  contributions as required in
25    this Section for any period of  service,  subsequent  to  the
26    date of establishment, but prior to the date of membership.
27        (b)  Any  employee  who had been previously excluded from
28    membership because of age at entry  and  subsequently  became
29    eligible  may elect to make contributions as required in this
30    Section for  the  period  of  service  during  which  he  was
31    ineligible.
 
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 1        (c)  An  employee  of  the  Department  of Insurance who,
 2    after January 1, 1944 but  prior  to  becoming  eligible  for
 3    membership, received salary from funds of insurance companies
 4    in  the  process of rehabilitation, liquidation, conservation
 5    or dissolution, may elect to make contributions  as  required
 6    in this Section for such service.
 7        (d)  Any  employee who rendered service in a State office
 8    to which he was elected, or rendered service in the  elective
 9    office  of  Clerk of the Appellate Court prior to the date he
10    became a member, may make contributions for such  service  as
11    required   in   this  Section.   Any  member  who  served  by
12    appointment of the Governor under  the  Civil  Administrative
13    Code  of  Illinois and did not participate in this System may
14    make contributions as  required  in  this  Section  for  such
15    service.
16        (e)  Any  person employed by the United States government
17    or any instrumentality or agency thereof from January 1, 1942
18    through November 15, 1946 as the result of  a  transfer  from
19    State  service  by  executive  order  of the President of the
20    United States shall  be  entitled  to  prior  service  credit
21    covering the period from January 1, 1942 through December 31,
22    1943  as  provided  for  in  this  Article  and to membership
23    service credit  for the period from January 1,  1944  through
24    November  15,  1946  by  making the contributions required in
25    this Section.  A person so employed on January  1,  1944  but
26    whose  employment began after January 1, 1942 may qualify for
27    prior service and membership service credit  under  the  same
28    conditions.
29        (f)  An  employee of the Department of Labor of the State
30    of  Illinois  who  performed  services  for  and  under   the
31    supervision  of  that Department prior to January 1, 1944 but
32    who was compensated for those services  directly  by  federal
33    funds  and not by a warrant of the Auditor of Public Accounts
34    paid by the State Treasurer may  establish  credit  for  such
 
HB0513 Engrossed            -3-                LRB9200763LDpr
 1    employment  by  making  the  contributions  required  in this
 2    Section. An employee of the Department of Agriculture of  the
 3    State  of  Illinois, who performed services for and under the
 4    supervision of that Department prior to June 1, 1963, but was
 5    compensated for those services directly by federal funds  and
 6    not  paid by a warrant of the Auditor of Public Accounts paid
 7    by the State Treasurer, and who did  not  contribute  to  any
 8    other public employee retirement system for such service, may
 9    establish   credit   for   such   employment  by  making  the
10    contributions required in this Section.
11        (g)  Any employee who executed  a  waiver  of  membership
12    within  60  days  prior  to  January 1, 1944 may, at any time
13    while in the service of a department, file with the  board  a
14    rescission  of  such  waiver.   Upon making the contributions
15    required by this Section,  the member shall  be  granted  the
16    creditable  service  that  would  have  been  received if the
17    waiver had not been executed.
18        (h)  Until May 1, 1990, an employee who was employed on a
19    full-time basis by a  regional  planning  commission  for  at
20    least 5 continuous years may establish creditable service for
21    such  employment  by  making the contributions required under
22    this  Section,  provided  that  any  credits  earned  by  the
23    employee  in  the  commission's  retirement  plan  have  been
24    terminated.
25        (i)  Any  person  who  rendered  full  time   contractual
26    services to the General Assembly as a member of a legislative
27    staff  may establish service credit for up to 8 years of such
28    services by making  the  contributions  required  under  this
29    Section, provided that application therefor is made not later
30    than July 1, 1991.
31        (j)  By paying the contributions otherwise required under
32    this  Section,  plus  an amount determined by the Board to be
33    equal to the employer's  normal  cost  of  the  benefit  plus
34    interest,  but  with  all of the interest calculated from the
 
HB0513 Engrossed            -4-                LRB9200763LDpr
 1    date the employee last became  a  member  of  the  System  or
 2    November  19,  1991,  whichever  is  later,  to  the  date of
 3    payment, an employee  may  establish  service  credit  for  a
 4    period  of up to 2 years spent in active military service for
 5    which he does not qualify for credit  under  Section  14-105,
 6    provided  that  (1)  he  was not dishonorably discharged from
 7    such military service, and (2) the amount of  service  credit
 8    established by a member under this subsection (j), when added
 9    to  the  amount  of  military  service  credit granted to the
10    member under subsection (b)  of  Section  14-105,  shall  not
11    exceed  5  years.   The  change  in the manner of calculating
12    interest under this subsection (j) made  by  this  amendatory
13    Act  of the 92nd General Assembly applies to credit purchased
14    by an employee on or after its effective date  and  does  not
15    entitle  any  person to a refund of contributions or interest
16    already paid.
17        (k)  An employee who was employed on a full-time basis by
18    the  Illinois   State's   Attorneys   Association   Statewide
19    Appellate Assistance Service LEAA-ILEC grant project prior to
20    the  time that project became the State's Attorneys Appellate
21    Service Commission, now the Office of the  State's  Attorneys
22    Appellate  Prosecutor,  an  agency  of  State government, may
23    establish creditable service for  not  more  than  60  months
24    service  for such employment by making contributions required
25    under this Section.
26        (l)  By paying the contributions otherwise required under
27    this Section, plus an amount determined by the  Board  to  be
28    equal  to  the  employer's  normal  cost  of the benefit plus
29    interest, a member may establish service credit  for  periods
30    of  less  than  one year spent on authorized leave of absence
31    from service, provided that (1) the period of leave began  on
32    or  after  January  1, 1982 and (2) any credit established by
33    the member for the  period  of  leave  in  any  other  public
34    employee retirement system has been terminated.  A member may
 
HB0513 Engrossed            -5-                LRB9200763LDpr
 1    establish  service credit under this subsection for more than
 2    one period of authorized leave, and in that  case  the  total
 3    period of service credit established by the member under this
 4    subsection   may   exceed   one  year.   In  determining  the
 5    contributions required for establishing service credit  under
 6    this  subsection,  the  interest shall be calculated from the
 7    beginning of the leave of absence to the date of payment.
 8        (m)  Any person who rendered contractual  services  to  a
 9    member  of  the  General Assembly as a worker in the member's
10    district office may establish creditable service for up to  3
11    years   of   those   contractual   services   by  making  the
12    contributions required under this Section.  The System  shall
13    determine  a  full-time  salary equivalent for the purpose of
14    calculating the required contribution.  To  establish  credit
15    under this subsection, the applicant must apply to the System
16    by March 1, 1998.
17        (n)  Any  person  who  rendered contractual services to a
18    member  of  the  General  Assembly  as  a  worker   providing
19    constituent  services to persons in the member's district may
20    establish creditable service for  up  to  8  years  of  those
21    contractual  services  by  making  the contributions required
22    under this Section.  The System shall determine  a  full-time
23    salary equivalent for the purpose of calculating the required
24    contribution.  To establish credit under this subsection, the
25    applicant must apply to the System by March 1, 1998.
26        (o)  A   member   who   participated   in   the  Illinois
27    Legislative Staff Internship Program may establish creditable
28    service for up to one year of that  participation  by  making
29    the  contribution  required  under  this Section.  The System
30    shall determine a full-time salary equivalent for the purpose
31    of calculating the required contribution.  Credit may not  be
32    established  under  this  subsection for any period for which
33    service credit is established under any  other  provision  of
34    this Code.
 
HB0513 Engrossed            -6-                LRB9200763LDpr
 1    (Source: P.A.  90-32,  eff.  6-27-97;  90-448,  eff. 8-16-97;
 2    90-511, eff. 8-22-97;  90-655,  eff.  7-30-98;  90-766,  eff.
 3    8-14-98.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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