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92_HB2698ham001
LRB9202376EGfgam01
1 AMENDMENT TO HOUSE BILL 2698
2 AMENDMENT NO. . Amend House Bill 2698 by replacing
3 the title with the following:
4 "AN ACT in relation to public employee benefits."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Pension Code is amended by
8 changing Section 2-110 as follows:
9 (40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
10 Sec. 2-110. Service.
11 (A) "Service" means the period beginning on the day when
12 a person first became a member, and ending on the date under
13 consideration, excluding all intervening periods of
14 nonmembership following resignation or expiration of any term
15 of office.
16 (B) "Service" includes:
17 (a) Military service during war by a person who
18 entered such service while a member, whether rendered
19 before or after the expiration of any term of office;
20 plus up to 2 years of military service that need not have
21 immediately followed service as a member, and need not
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1 have been served during wartime, provided that the member
2 (or former member who has not yet begun to receive a
3 retirement annuity) makes contributions to the System for
4 such service (1) at the rates provided in Section 2-126
5 based upon the member's rate of compensation on the last
6 date as a participant prior to such military service, or
7 on the first date as a participant after such military
8 service, whichever is greater, plus (2) if payment is
9 made on or after July 1, 2002 May 1, 1993, an amount
10 determined by the Board to be equal to the employer's
11 normal cost of the benefits accrued for such military
12 service, plus (3) interest at the effective rate from the
13 date of first membership in the System to the date of
14 payment.
15 A former member who has not yet begun to receive a
16 retirement annuity may establish military service credit
17 as provided in this subdivision (a).
18 The amendments to this subdivision (B)(a) made by
19 this amendatory Act of the 92nd General Assembly apply to
20 active participants in the System and to former members
21 who have not yet begun to receive a retirement annuity.
22 The change in the required contribution made by this
23 amendatory Act does not entitle any person to a refund of
24 contributions already paid.
25 The amendment to this subdivision (B)(a) made by
26 this amendatory Act of 1993 shall apply to persons who
27 are active contributors to the System on or after
28 November 30, 1992. A person who was an active
29 contributor to the System on November 30, 1992 but is no
30 longer an active contributor may apply to purchase
31 military credit under this subdivision (B)(a) within 60
32 days after the effective date of this amendatory Act of
33 1993; if the person is an annuitant, the resulting
34 increase in annuity shall begin to accrue on the first
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1 day of the month following the month in which the
2 required payment is received by the System. The change
3 in the required contribution for purchased military
4 credit made by this amendatory Act of 1993 shall not
5 entitle any person to a refund of contributions already
6 paid.
7 (b) Service as a judge of a court of this State,
8 but credit for such service is subject to the following
9 conditions: (1) such person shall have been a member for
10 at least 4 years and contributed to the system for
11 service as a judge subsequent to July 8, 1947, at the
12 rates herein provided, including interest at 2% per annum
13 to the date of payment based on the salary in effect
14 during such service; (2) the member was not an eligible
15 member of nor entitled to credit for such service in any
16 other retirement system in the State maintained in whole
17 or in part by public contributions; and (3) the last 4
18 years of service prior to retirement on annuity was
19 rendered while a member.
20 (c) Service as a participating employee under
21 Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
22 17 or 18 of the Illinois Pension Code. Credit for such
23 service may be established by a member and, if permitted
24 by the credit transfer Section of the appropriate
25 Article, by a former member who is not yet an annuitant,
26 and is subject to the following conditions: (1) that the
27 credits accrued under the above mentioned Articles have
28 been transferred to this system; and (2) that the member
29 has contributed to this system an amount equal to (i) the
30 contribution rate in effect for participants at the date
31 of membership in this system multiplied by the salary
32 then in effect for members of the General Assembly for
33 each year of service for which credit is being
34 transferred, plus (ii) the State's share of the normal
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1 cost of benefits under this system expressed as a percent
2 of payroll, as determined by the system's actuary as of
3 the date of the participant's membership in this system,
4 multiplied by the salary then in effect for members of
5 the General Assembly, for each year of service for which
6 credit is being transferred, plus (iii) interest on items
7 (i) and (ii) above at 6% per annum compounded annually,
8 from the date of membership to the date of payment by the
9 participant, less (iv) the amount transferred to this
10 system on behalf of the participant on account of service
11 rendered while a participant under the above mentioned
12 Articles.
13 (d) Service, before October 1, 1975, as an officer
14 elected by the people of Illinois, for which creditable
15 service is required to be transferred from the State
16 Employees' Retirement System to this system by this
17 amendatory Act of 1975.
18 (e) Service rendered prior to January 1, 1964, as a
19 justice of the peace or police magistrate or as a civil
20 referee in the Municipal Court of Chicago, but credit for
21 such service may not be granted until the member has paid
22 to the system an amount equal to (1) the contribution
23 rate for participants at the date of membership in this
24 system multiplied by the salary then in effect for
25 members of the General Assembly for each year of service
26 for which credit is being transferred, plus (2) the
27 State's share of the normal cost of benefits under this
28 system expressed as a percent of payroll, as determined
29 by the system's actuary as of the date of the
30 participant's membership in this system, multiplied by
31 the salary then in effect for members of the General
32 Assembly, for each year of service for which credit is
33 allowed, plus, (3) interest on (1) and (2) above at 6%
34 per annum compounded annually from the date of membership
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1 to the date of payment by the member. However, a
2 participant may not receive more than 6 years of credit
3 for such service nor may any member receive credit under
4 this paragraph for service for which credit has been
5 granted in any other public pension fund or retirement
6 system in the State.
7 (f) Service before January 16, 1981, as an officer
8 elected by the people of Illinois, for which creditable
9 service is transferred from the State Employees'
10 Retirement System to this system.
11 (C) Service during any fraction of a month shall be
12 considered as a month of service.
13 Service includes the total period of time for which a
14 participant is elected as a member or officer, even though he
15 or she does not complete the term because of death,
16 resignation, judicial decision, or operation of law, provided
17 that the contributions required under this Article for such
18 entire period of office have been made by or on behalf of the
19 participant. In the case of a participant appointed or
20 elected to fill a vacancy, service includes the total period
21 from January 1 of the year in which his or her service
22 commences to the end of the term in which the vacancy occurs,
23 provided the participant contributes in the year of
24 appointment an amount equal to the contributions that would
25 have been required had the participant received salary for
26 the entire year. The foregoing provisions relating to a
27 participant appointed or elected to fill a vacancy shall not
28 apply if the participant was a member of the other
29 legislative chamber at the time of appointment or election.
30 (D) Notwithstanding the other provisions of this
31 Section, if application to transfer or establish service
32 credit under paragraph (c) or (e) of subsection (B) of this
33 Section is made between January 1, 1992 and February 1, 1993,
34 the contribution required for such credit shall be an amount
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1 equal to (1) the contribution rate in effect for participants
2 at the date of membership in this system multiplied by the
3 salary then in effect for members of the General Assembly for
4 each year of service for which credit is being granted, plus
5 (2) interest thereon at 6% per annum compounded annually,
6 from the date of membership to the date of payment by the
7 member, less (3) any amount transferred to this system on
8 behalf of the member on account of such service credit.
9 (Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".