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92_HB0853 LRB9207343EGfg 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 14-104 as follows: 6 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) 7 Sec. 14-104. Service for which contributions permitted. 8 Contributions provided for in this Section shall cover the 9 period of service granted. Except as otherwise provided in 10 this Section, the contributions shall be based upon the 11 employee's compensation and contribution rate in effect on 12 the date he last became a member of the System; provided that 13 for all employment prior to January 1, 1969 the contribution 14 rate shall be that in effect for a noncovered employee on the 15 date he last became a member of the System. Except as 16 otherwise provided in this Section, contributions permitted 17 under this Section shall include regular interest from the 18 date an employee last became a member of the System to the 19 date of payment. 20 These contributions must be paid in full before 21 retirement either in a lump sum or in installment payments in 22 accordance with such rules as may be adopted by the board. 23 (a) Any member may make contributions as required in 24 this Section for any period of service, subsequent to the 25 date of establishment, but prior to the date of membership. 26 (b) Any employee who had been previously excluded from 27 membership because of age at entry and subsequently became 28 eligible may elect to make contributions as required in this 29 Section for the period of service during which he was 30 ineligible. 31 (c) An employee of the Department of Insurance who, -2- LRB9207343EGfg 1 after January 1, 1944 but prior to becoming eligible for 2 membership, received salary from funds of insurance companies 3 in the process of rehabilitation, liquidation, conservation 4 or dissolution, may elect to make contributions as required 5 in this Section for such service. 6 (d) Any employee who rendered service in a State office 7 to which he was elected, or rendered service in the elective 8 office of Clerk of the Appellate Court prior to the date he 9 became a member, may make contributions for such service as 10 required in this Section. Any member who served by 11 appointment of the Governor under the Civil Administrative 12 Code of Illinois and did not participate in this System may 13 make contributions as required in this Section for such 14 service. 15 (e) Any person employed by the United States government 16 or any instrumentality or agency thereof from January 1, 1942 17 through November 15, 1946 as the result of a transfer from 18 State service by executive order of the President of the 19 United States shall be entitled to prior service credit 20 covering the period from January 1, 1942 through December 31, 21 1943 as provided for in this Article and to membership 22 service credit for the period from January 1, 1944 through 23 November 15, 1946 by making the contributions required in 24 this Section. A person so employed on January 1, 1944 but 25 whose employment began after January 1, 1942 may qualify for 26 prior service and membership service credit under the same 27 conditions. 28 (f) An employee of the Department of Labor of the State 29 of Illinois who performed services for and under the 30 supervision of that Department prior to January 1, 1944 but 31 who was compensated for those services directly by federal 32 funds and not by a warrant of the Auditor of Public Accounts 33 paid by the State Treasurer may establish credit for such 34 employment by making the contributions required in this -3- LRB9207343EGfg 1 Section. An employee of the Department of Agriculture of the 2 State of Illinois, who performed services for and under the 3 supervision of that Department prior to June 1, 1963, but was 4 compensated for those services directly by federal funds and 5 not paid by a warrant of the Auditor of Public Accounts paid 6 by the State Treasurer, and who did not contribute to any 7 other public employee retirement system for such service, may 8 establish credit for such employment by making the 9 contributions required in this Section. 10 (g) Any employee who executed a waiver of membership 11 within 60 days prior to January 1, 1944 may, at any time 12 while in the service of a department, file with the board a 13 rescission of such waiver. Upon making the contributions 14 required by this Section, the member shall be granted the 15 creditable service that would have been received if the 16 waiver had not been executed. 17 (h) Until May 1, 1990, an employee who was employed on a 18 full-time basis by a regional planning commission for at 19 least 5 continuous years may establish creditable service for 20 such employment by making the contributions required under 21 this Section, provided that any credits earned by the 22 employee in the commission's retirement plan have been 23 terminated. 24 (i) Any person who rendered full time contractual 25 services to the General Assembly as a member of a legislative 26 staff may establish service credit for up to 8 years of such 27 services by making the contributions required under this 28 Section, provided that application therefor is made not later 29 than July 1, 1991. 30 (j) By paying the contributions otherwise required under 31 this Section, plus an amount determined by the Board to be 32 equal to the employer's normal cost of the benefit plus 33 interest, an employee may establish service credit for a 34 period of up to 2 years spent in active military service for -4- LRB9207343EGfg 1 which he does not qualify for credit under Section 14-105, 2 provided that (1) he was not dishonorably discharged from 3 such military service, and (2) the amount of service credit 4 established by a member under this subsection (j), when added 5 to the amount of military service credit granted to the 6 member under subsection (b) of Section 14-105, shall not 7 exceed 5 years. 8 (k) An employee who was employed on a full-time basis by 9 the Illinois State's Attorneys Association Statewide 10 Appellate Assistance Service LEAA-ILEC grant project prior to 11 the time that project became the State's Attorneys Appellate 12 Service Commission, now the Office of the State's Attorneys 13 Appellate Prosecutor, an agency of State government, may 14 establish creditable service for not more than 60 months 15 service for such employment by making contributions required 16 under this Section. 17 (l) By paying the contributions otherwise required under 18 this Section, plus an amount determined by the Board to be 19 equal to the employer's normal cost of the benefit plus 20 interest, a member may establish service credit for periods 21 of less than one year spent on authorized leave of absence 22 from service, provided that (1) the period of leave began on 23 or after January 1, 1982 and (2) any credit established by 24 the member for the period of leave in any other public 25 employee retirement system has been terminated. A member may 26 establish service credit under this subsection for more than 27 one period of authorized leave, and in that case the total 28 period of service credit established by the member under this 29 subsection may exceed one year. In determining the 30 contributions required for establishing service credit under 31 this subsection, the interest shall be calculated from the 32 beginning of the leave of absence to the date of payment. 33 (m) Any person who rendered contractual services to a 34 member of the General Assembly as a worker in the member's -5- LRB9207343EGfg 1 district office may establish creditable service for up to 3 2 years of those contractual services by making the 3 contributions required under this Section. The System shall 4 determine a full-time salary equivalent for the purpose of 5 calculating the required contribution. To establish credit 6 under this subsection, the applicant must apply to the System 7 by March 1, 2002
1998. 8 (n) Any person who rendered contractual services to a 9 member of the General Assembly as a worker providing 10 constituent services to persons in the member's district may 11 establish creditable service for up to 8 years of those 12 contractual services by making the contributions required 13 under this Section. The System shall determine a full-time 14 salary equivalent for the purpose of calculating the required 15 contribution. To establish credit under this subsection, the 16 applicant must apply to the System by March 1, 2002 1998. 17 (o) A member who participated in the Illinois 18 Legislative Staff Internship Program may establish creditable 19 service for up to one year of that participation by making 20 the contribution required under this Section. The System 21 shall determine a full-time salary equivalent for the purpose 22 of calculating the required contribution. Credit may not be 23 established under this subsection for any period for which 24 service credit is established under any other provision of 25 this Code. 26 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97; 27 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff. 28 8-14-98.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.
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