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Public Act 095-0504 |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by adding | ||||
Sections 3-110.9, 8-226.7, and 9-121.17 and by changing | ||||
Sections 5-146, 5-147, 5-152, and 7-139 as follows: | ||||
(40 ILCS 5/3-110.9 new) | ||||
Sec. 3-110.9. Transfer to Article 9.
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(a) Until 6 months after the effective date of this | ||||
amendatory Act of the 95th General Assembly, any active member | ||||
of a pension fund established under Article 9 of this Code may | ||||
apply for transfer of up to 6 years of his or her creditable | ||||
service accumulated in any police pension fund under this | ||||
Article to the Article 9 fund. Such creditable service shall be | ||||
transferred only upon payment by such police pension fund to | ||||
the Article 9 fund of an amount equal to: | ||||
(1) the amounts accumulated to the credit of the
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applicant on the books of the fund on the date of transfer; | ||||
and | ||||
(2) employer contributions in an amount equal to the
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amount determined under subparagraph (1); and | ||||
(3) any interest paid by the applicant in order to
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reinstate service. |
Participation in the police pension fund shall terminate on | ||
the date of transfer. | ||
(b) Until 6 months after the effective date of this | ||
amendatory Act of the 95th General Assembly, any active member | ||
of an Article 9 fund may reinstate service that was terminated | ||
by receipt of a refund, by payment to the police pension fund | ||
of the amount of the refund with interest thereon at the rate | ||
of 6% per year, compounded annually, from the date of refund to | ||
the date of payment.
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(40 ILCS 5/5-146) (from Ch. 108 1/2, par. 5-146)
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Sec. 5-146. Wives and widows not entitled to annuities. The | ||
following wives or widows have no right to annuity from the | ||
fund:
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(a) A wife or widow, married subsequent to the effective | ||
date, of a
policeman who dies in service, if the marriage | ||
occurred less than one year
prior to the policeman's death, | ||
except with respect to a policeman who dies in the performance | ||
of an act of duty, as
provided in Section 5-147 in cases where | ||
a widow
entitled to an annuity remarries after age 60, or when | ||
a widow entitled
to an annuity remarries prior to attaining age | ||
60 and the marriage is
terminated, at any time thereafter, by | ||
dissolution of marriage, declaration
of invalidity of marriage | ||
or the death of the husband; if after an evidentiary hearing, | ||
however, the Board, at its sole discretion determines that | ||
special circumstances exist warranting payment of a widow's |
annuity, then and only then shall the Board have authority to | ||
grant and award the annuity that would have been otherwise | ||
available;
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(b) A wife or widow of a policeman who withdraws, whether | ||
or not he
enters upon annuity, and dies out of service, if the | ||
marriage occurred
after the effective date and less than one | ||
year prior to the policeman's
death, and the widow was not his | ||
wife while he was in
service; if after an evidentiary hearing, | ||
however, the Board, at its sole discretion determines that | ||
special circumstances exist warranting payment of a widow's | ||
annuity, then and only then shall the Board have authority to | ||
grant and award the annuity that would have been otherwise | ||
available;
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(c) A wife or widow of a policeman who (1) has served 10 or | ||
more
years, (2) dies out of service after he has withdrawn, and | ||
(3) has
received a refund of the sums to his credit for | ||
annuity, and such refund
has not been repaid in accordance with | ||
the other provisions of this Article;
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(d) A wife or widow of a policeman who dies out of service | ||
after he
has withdrawn, and who has not served at least 10 | ||
years;
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(e) A former wife of a policeman who has had a judgment of | ||
dissolution
of marriage from her policeman husband annulled, | ||
vacated or set aside by
court proceedings subsequent to the | ||
policeman's death, unless (1) the
proceedings were filed within | ||
5 years after the date of dissolution of
marriage, and within 1 |
year after the policeman's death, and (2) the board
was made a | ||
party to the proceedings;
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(f) A widow of a policeman who died prior to January 1, | ||
1922, if she
had been denied a pension by the board of trustees | ||
of any police pension
fund existing in the city by operation of | ||
any other law;
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(g) A widow of a policeman who has been denied a pension or | ||
annuity
by the board created by this Article and who files a | ||
petition for a
rehearing, or files a second application for | ||
annuity, unless the
petition for rehearing or second | ||
application is filed within 1 year from
the date upon which the | ||
annuity was denied by the board; provided, that
in the case of | ||
legal disability, the year of limitation
shall begin on the day | ||
after the termination of such disability.
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(Source: P.A. 86-272.)
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(40 ILCS 5/5-147) (from Ch. 108 1/2, par. 5-147)
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Sec. 5-147. Widow's marriage to terminate annuity. | ||
(a) Beginning on the effective date of this amendatory Act | ||
of the
95th General Assembly, a widow's annuity shall no longer | ||
be subject to
termination or suspension under this Section due | ||
to remarriage. Any widow's
annuity that was previously | ||
terminated or suspended under this Section by
reason of | ||
remarriage shall, upon application, be resumed as of the date | ||
of the
application, but in no event sooner than the effective | ||
date of this amendatory
Act. The resumption shall not be |
retroactive. This subsection (a) applies
regardless of whether | ||
or not the deceased policeman was in service on or after
the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly.
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(b) This subsection (b) does not apply on or after the | ||
effective date of
this amendatory Act of the 95th General | ||
Assembly.
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Any annuity
granted to a widow shall be suspended when she | ||
remarries, unless she
remarries after attaining age 60 or the | ||
annuity was granted under Section
5-144 and the remarriage | ||
takes place after October 31, 1989.
Except as otherwise | ||
provided by this Section, if a widow remarries before reaching
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age 60, annuity payment shall be suspended, but the widow's | ||
annuity
payments shall be resumed if the subsequent marriage | ||
ends either by dissolution of
marriage, declaration of | ||
invalidity of marriage or the death of the
husband. If a widow | ||
remarries after attaining age 60, or the annuity was
granted | ||
under Section 5-144 and the remarriage takes place after June | ||
1,
1990, regardless of whether or not the deceased policeman | ||
was in service on
or after the effective date of this | ||
amendatory Act of 1991, the widow's
annuity shall continue | ||
without interruption.
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If when a widow dies she
has not received, in form of | ||
annuity, an amount equal to the accumulated
employee | ||
contributions for widow's annuity,
the difference between such | ||
accumulated contributions and the sum
received by her, along |
with any part of the accumulated contributions
for age and | ||
service annuity remaining in the fund at her death shall be
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refunded to the policemen's children, in equal parts to each; | ||
provided,
if any child is less than age 18, such part of any | ||
such amount required
to pay annuities to such children shall be | ||
transferred to the child's
annuity reserve. If no children or | ||
descendants thereof survive the
policeman, such refund shall be | ||
paid to the estate of the policeman. In
making refunds under | ||
this Section, no interest shall be considered upon
either the | ||
total of annuity payments made or the amounts subject to
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refund.
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(Source: P.A. 86-1488.)
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(40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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Sec. 5-152. Child's annuity - Conditions - Amount. A | ||
child's
annuity shall be payable in the following cases of | ||
policemen who die
on or after the effective date: (a) A | ||
policeman whose death results
from injury incurred in the | ||
performance of an act or acts of duty;
(b) a policeman who dies | ||
in service from any cause; (c) a policeman
who withdraws upon | ||
or after attainment of age 50 and who enters upon
or is | ||
eligible for annuity; (d) a present employee with at least 20
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years of service who dies after withdrawal, whether or not he | ||
has
entered upon annuity.
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A child to be eligible must have been born or legally | ||
adopted
before the policeman has withdrawn from service. In the |
case of an adopted
child, the policeman shall be married and | ||
living with his wife at the
time of the adoption, and the | ||
proceedings for adoption must have been
initiated at least 6 | ||
months prior to the policeman's death. The requirement
that the | ||
proceedings for adoption be initiated at least 6 months prior | ||
to
the policeman's death does not apply where death occurs as a | ||
result of
an act of duty.
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Only one annuity shall be granted and paid for the benefit | ||
of
any child if both parents have been policemen.
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The annuity shall be paid, without regard to the fact that
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the death of the deceased policeman parent may have occurred | ||
prior to
the effective date of this amendatory Act of 1975, in
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an amount equal to 10% of the
annual maximum salary attached to | ||
the classified civil
service position of a first class | ||
patrolman
on July 1, 1975, or the date of the policeman's | ||
death, whichever is later,
for each child while a widow or | ||
widower of the
deceased policeman survives and in
an amount | ||
equal to 15% of the annual maximum
salary attached to the | ||
classified civil service position of a first
class patrolman on | ||
July 1, 1975, or the date of the policeman's death, whichever
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is later, while no widow
or widower shall survive,
provided | ||
that if the combined annuities for the widow
and children of a | ||
policeman who dies on or after September 26, 1969,
as the | ||
result of an act of duty, or for the children of such
policeman | ||
in any case wherein a widow or widower does not exist,
exceed | ||
the salary that would ordinarily have been paid to him if
he |
had been in the active discharge of his duties, all such | ||
annuities shall be
reduced pro rata so that the combined | ||
annuities for the family shall
not exceed such limitation. The | ||
compensation portion of the annuity
of the widow shall not be | ||
considered in making such reduction.
No age limitation in this | ||
Section or Section 5-151 shall apply to a child who is so | ||
physically or mentally handicapped as to be unable to support | ||
himself or herself. Benefits payable under this Section shall | ||
not be reduced or
terminated by reason of any child's | ||
attainment of age 18 if he is then
dependent by reason of a | ||
physical or mental disability but shall continue
to be paid as | ||
long as such dependency continues. For the purposes of this
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subsection, "disability" means inability to engage in any | ||
substantial
gainful activity by reason of any medically | ||
determinable physical or
mental impairment which can be | ||
expected to result in death or which has
lasted or can be | ||
expected to last for a continuous period of not less
than 12 | ||
months.
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In the case of a family of a policeman who dies on or after
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September 26, 1969, as the result of any cause other than the | ||
performance
of an act of duty, in which annuities for such | ||
family exceed an amount
equal to 60% of the salary that would | ||
ordinarily have been paid to
him if he had been in the active | ||
discharge of his duties, all such
annuities shall be reduced | ||
pro rata so that the combined annuities shall
not exceed such | ||
limitation.
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Child's annuity shall be paid to the parent providing for
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the child, unless another person is appointed by a court of law | ||
as
the child's guardian.
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(Source: P.A. 79-699; 79-881; 79-1454.)
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(40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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Sec. 7-139. Credits and creditable service to employees.
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(a) Each participating employee shall be granted credits | ||
and creditable
service, for purposes of determining the amount | ||
of any annuity or benefit
to which he or a beneficiary is | ||
entitled, as follows:
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1. For prior service: Each participating employee who | ||
is an employee
of a participating municipality or | ||
participating instrumentality on the
effective date shall | ||
be granted creditable service, but no credits under
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paragraph 2 of this subsection (a), for periods of prior | ||
service for which
credit has not been received under any | ||
other pension fund or retirement system
established under | ||
this Code, as follows:
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If the effective date of participation for the | ||
participating municipality
or participating | ||
instrumentality is on or before January 1, 1998, creditable
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service shall be granted for the entire period of prior | ||
service with that
employer without any employee | ||
contribution.
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If the effective date of participation for the |
participating municipality
or participating | ||
instrumentality is after January 1, 1998, creditable
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service shall be granted for the last 20% of the period of | ||
prior service with
that employer, but no more than 5 years, | ||
without any employee contribution. A
participating | ||
employee may establish creditable service for the | ||
remainder of
the period of prior service with that employer | ||
by making an application in
writing, accompanied by payment | ||
of an employee contribution in an
amount determined by the | ||
Fund, based on the employee contribution rates in
effect at | ||
the time of application for the creditable service and the | ||
employee's
salary rate on the effective date of | ||
participation for that employer, plus
interest at the | ||
effective rate from the date of the prior service to the | ||
date
of payment. Application for this creditable service | ||
may be made at any time
while the employee is still in | ||
service.
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A municipality that (i) has at least 35 employees; (ii) | ||
is located in a county with at least 2,000,000 inhabitants; | ||
and (iii) maintains an independent defined benefit pension | ||
plan for the benefit of its eligible employees may restrict | ||
creditable service in whole or in part for periods of prior | ||
service with the employer if the governing body of the | ||
municipality adopts an irrevocable resolution to restrict | ||
that creditable service and files the resolution with the | ||
board before the municipality's effective date of |
participation.
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Any person who has withdrawn from the service of a | ||
participating
municipality
or participating | ||
instrumentality prior to the effective date, who reenters
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the service of the same municipality or participating | ||
instrumentality after
the effective date and becomes a | ||
participating employee is entitled to
creditable service | ||
for prior service as otherwise provided in this
subdivision | ||
(a)(1) only if he or she renders 2 years of service as a
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participating employee after the effective date. | ||
Application
for such service must be made while in a | ||
participating status.
The salary rate to be used in the | ||
calculation of the required employee
contribution, if any, | ||
shall be the employee's salary rate at the time of first
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reentering service with the employer after the employer's | ||
effective date of
participation.
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2. For current service, each participating employee | ||
shall be
credited with:
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a. Additional credits of amounts equal to each | ||
payment of additional
contributions received from him | ||
under Section 7-173, as of the
date the corresponding | ||
payment of earnings is payable to him.
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b. Normal credits of amounts equal to each payment | ||
of normal
contributions received from him, as of the | ||
date the corresponding payment of
earnings is payable | ||
to him, and normal contributions made for the purpose |
of
establishing out-of-state service credits as | ||
permitted under the conditions set
forth in paragraph 6 | ||
of this subsection (a).
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c. Municipality credits in an amount equal to 1.4 | ||
times the normal
credits, except those established by | ||
out-of-state service credits, as of
the date of | ||
computation of any benefit if these credits would | ||
increase
the benefit.
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d. Survivor credits equal to each payment of | ||
survivor contributions
received from the participating | ||
employee as of the date the
corresponding payment of | ||
earnings is payable, and survivor contributions made
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for the purpose of establishing out-of-state service | ||
credits.
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3. For periods of temporary and total and permanent | ||
disability
benefits, each employee receiving disability | ||
benefits shall be granted
creditable service for the period | ||
during which disability benefits are
payable. Normal and | ||
survivor credits, based upon the rate of earnings
applied | ||
for disability benefits, shall also be granted if such | ||
credits
would result in a higher benefit to any such | ||
employee or his
beneficiary.
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4. For authorized leave of absence without pay: A | ||
participating
employee shall be granted credits and | ||
creditable service for periods of
authorized leave of | ||
absence without pay under the following
conditions:
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a. An application for credits and creditable | ||
service is submitted to the
board while the employee is | ||
in a status of
active employment, and within 2 years | ||
after termination of the
leave of absence period for | ||
which credits and creditable service are
sought.
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b. Not more than 12 complete months of creditable | ||
service
for authorized leave of absence without pay | ||
shall be counted for purposes of
determining any | ||
benefits payable under this Article.
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c. Credits and creditable service shall be granted | ||
for leave of
absence only if such leave is approved by | ||
the governing body of the
municipality, including | ||
approval of the estimated cost thereof to the
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municipality as determined by the fund, and employee | ||
contributions, plus
interest at the effective rate | ||
applicable for each year from the end of
the period of | ||
leave to date of payment, have been paid to the fund in
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accordance with Section 7-173. The contributions shall | ||
be computed upon the
assumption earnings continued | ||
during the period of leave at the rate in
effect when | ||
the leave began.
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d. Benefits under the provisions of Sections | ||
7-141, 7-146, 7-150
and 7-163 shall become payable to | ||
employees on authorized leave of
absence, or their | ||
designated beneficiary, only if such leave of absence
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is creditable hereunder, and if the employee has at |
least one year of
creditable service other than the | ||
service granted for leave of absence.
Any employee | ||
contributions due may be deducted from any benefits
| ||
payable.
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e. No credits or creditable service shall be | ||
allowed for leave of
absence without pay during any | ||
period of prior service.
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5. For military service: The governing body of a | ||
municipality or
participating instrumentality may elect to | ||
allow creditable service to
participating employees who | ||
leave their employment to serve in the armed
forces of the | ||
United States for all periods of such service, provided
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that the person returns to active employment within 90 days | ||
after
completion
of full time active duty, but no | ||
creditable service shall be allowed such
person for any | ||
period that can be used in the computation of a pension
or | ||
any other pay or benefit, other than pay for active duty, | ||
for service
in any branch of the armed forces of the United | ||
States. If necessary to
the computation of any benefit, the | ||
board shall establish municipality
credits for | ||
participating employees under this paragraph on the
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assumption that the employee received earnings at the rate | ||
received at
the time he left the employment to enter the | ||
armed forces. A
participating employee in the armed forces | ||
shall not be considered an
employee during such period of | ||
service and no additional death and no
disability benefits |
are payable for death or disability during such period.
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Any participating employee who left his employment | ||
with a
municipality or participating instrumentality to | ||
serve in the armed
forces of the United States and who | ||
again became a participating
employee within 90 days after | ||
completion of full time active duty by
entering the service | ||
of a different municipality or participating
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instrumentality, which has elected to allow creditable | ||
service for
periods of military service under the preceding | ||
paragraph, shall also be
allowed creditable service for his | ||
period of military service on the
same terms that would | ||
apply if he had been employed, before entering
military | ||
service, by the municipality or instrumentality which | ||
employed
him after he left the military service and the | ||
employer costs arising in
relation to such grant of | ||
creditable service shall be charged to and
paid by that | ||
municipality or instrumentality.
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Notwithstanding the foregoing, any participating | ||
employee
shall be entitled to creditable service as | ||
required by any federal law
relating to re-employment | ||
rights of persons who served in the United States
Armed | ||
Services. Such creditable service shall be granted upon | ||
payment by
the member of an amount equal to the employee | ||
contributions which would
have been required had the | ||
employee continued in service at the same
rate of earnings | ||
during the military leave period, plus interest at
the |
effective rate.
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5.1. In addition to any creditable service established | ||
under
paragraph 5 of this subsection (a), creditable | ||
service may be granted for
up to 24 months of service in | ||
the armed forces of the United States.
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In order to receive creditable service for military | ||
service under this
paragraph 5.1, a participating employee | ||
must (1) apply to the Fund
in writing and provide evidence | ||
of the military service that is satisfactory
to the Board; | ||
(2) obtain the written approval of the current employer; | ||
and (3)
make contributions to the Fund equal to (i)
the | ||
employee contributions that would have been required had | ||
the service been
rendered as a member, plus (ii) an amount | ||
determined by the board to be equal
to the employer's | ||
normal cost of the benefits accrued for that military
| ||
service, plus (iii) interest on items (i) and (ii) from the | ||
date of first
membership in the Fund to the date of | ||
payment. If payment is made during
the 6-month period that | ||
begins 3 months after the effective date of this
amendatory | ||
Act of 1997, the required interest shall be at the rate of | ||
2.5%
per year, compounded annually; otherwise, the | ||
required interest shall be
calculated at the regular | ||
interest rate.
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6. For out-of-state service: Creditable service shall | ||
be granted for
service rendered to an out-of-state local | ||
governmental body under the
following conditions: The |
employee had participated and has irrevocably
forfeited | ||
all rights to benefits in the out-of-state public employees
| ||
pension system; the governing body of his participating | ||
municipality or
instrumentality authorizes the employee to | ||
establish such service; the
employee has 2 years current | ||
service with this municipality or
participating | ||
instrumentality; the employee makes a payment of
| ||
contributions, which shall be computed at 8% (normal) plus | ||
2% (survivor)
times length of service purchased times the | ||
average rate of earnings for the
first 2
years of service | ||
with the municipality or participating
instrumentality | ||
whose governing body authorizes the service established
| ||
plus interest at the effective rate on the date such | ||
credits are
established, payable from the date the employee | ||
completes the required 2
years of current service to date | ||
of payment. In no case shall more than
120 months of | ||
creditable service be granted under this provision.
| ||
7. For retroactive service: Any employee who could have | ||
but did not
elect to become a participating employee, or | ||
who should have been a
participant in the Municipal Public | ||
Utilities Annuity and Benefit Fund
before that fund was | ||
superseded, may receive creditable service for the
period | ||
of service not to exceed 50 months; however, a current or | ||
former
elected or appointed official of a participating | ||
municipality may establish credit under this paragraph 7 | ||
for more than 50
months of service as an official of that |
municipality, if the excess over 50 months is approved by | ||
resolution of the
governing body of the affected | ||
municipality filed with
the Fund before January 1, 2002.
| ||
Any employee who is a
participating employee on or | ||
after September 24, 1981 and who was
excluded from | ||
participation by the age restrictions removed by Public Act
| ||
82-596 may receive creditable service for the period, on or | ||
after January
1, 1979, excluded by the age restriction and, | ||
in addition, if the governing
body of the participating | ||
municipality or participating instrumentality elects
to | ||
allow creditable service for all employees excluded by the | ||
age restriction
prior to January 1, 1979, for service | ||
during the period prior to that date
excluded by the age | ||
restriction. Any employee who was excluded from
| ||
participation by the age restriction removed by Public Act | ||
82-596 and who is
not a participating employee on or after | ||
September 24, 1981 may receive
creditable service for | ||
service after January 1,
1979. Creditable service under | ||
this paragraph
shall be granted upon payment of the | ||
employee contributions
which would have been required had | ||
he participated, with interest at the
effective rate for | ||
each year from the end of the period of service
established | ||
to date of payment.
| ||
8. For accumulated unused sick leave: A participating | ||
employee who is
applying for a retirement annuity shall be | ||
entitled to creditable service
for that portion of the |
employee's accumulated unused sick leave
for which payment | ||
is not received, as follows:
| ||
a. Sick leave days shall be limited to those | ||
accumulated under a sick
leave plan established by a | ||
participating municipality or participating
| ||
instrumentality which is available to all employees or | ||
a class of employees.
| ||
b. Only sick leave days accumulated with a | ||
participating municipality or
participating | ||
instrumentality with which the employee was in service | ||
within
60 days of the effective date of his retirement | ||
annuity shall be credited;
If the employee was in | ||
service with more than one employer during this
period | ||
only the sick leave days with the employer with which | ||
the employee
has the greatest number of unpaid sick | ||
leave days shall be considered.
| ||
c. The creditable service granted shall be | ||
considered solely for the
purpose of computing the | ||
amount of the retirement annuity and shall not be
used | ||
to establish any minimum service period required by any | ||
provision of the
Illinois Pension Code, the effective | ||
date of the retirement annuity, or the
final rate of | ||
earnings.
| ||
d. The creditable service shall be at the rate of | ||
1/20 of a month for
each full sick day, provided that | ||
no more than 12 months may be credited
under this |
subdivision 8.
| ||
e. Employee contributions shall not be required | ||
for creditable service
under this subdivision 8.
| ||
f. Each participating municipality and | ||
participating instrumentality
with which an employee | ||
has service within 60 days of the effective date of
his | ||
retirement annuity shall certify to the board the | ||
number of accumulated
unpaid sick leave days credited | ||
to the employee at the time of termination
of service.
| ||
9. For service transferred from another system: | ||
Credits and
creditable service shall be granted for service | ||
under Article 3, 4, 5, 8, 14 ,
or 16 of this Act, to any | ||
active member of this Fund, and to any
inactive member who | ||
has been a county sheriff, upon
transfer of such credits | ||
pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
| ||
14-105.6 , or 16-131.4, and payment by the member of the | ||
amount by
which (1) the employer and employee contributions | ||
that would have been required
if he had participated in | ||
this Fund as a sheriff's law enforcement employee
during | ||
the period for which credit is
being transferred, plus | ||
interest thereon at the effective rate for each
year, | ||
compounded annually, from the date of termination of the | ||
service for
which credit is being transferred to the date | ||
of payment, exceeds (2) the
amount actually transferred to | ||
the Fund.
Such transferred service shall be deemed to be | ||
service as a sheriff's law
enforcement employee for the |
purposes of Section 7-142.1.
| ||
10. For service transferred from an Article 3 system | ||
under Section 3-110.8: Credits and
creditable service | ||
shall be granted for service under Article 3 of this Act as | ||
provided in Section 3-110.8, to any active member of this | ||
Fund upon
transfer of such credits pursuant to Section | ||
3-110.8. If the amount by
which (1) the employer and | ||
employee contributions that would have been required
if he | ||
had participated in this Fund during the period for which | ||
credit is
being transferred, plus interest thereon at the | ||
effective rate for each
year, compounded annually, from the | ||
date of termination of the service for
which credit is | ||
being transferred to the date of payment, exceeds (2) the
| ||
amount actually transferred to the Fund, then the amount of | ||
creditable service established under this paragraph 10 | ||
shall be reduced by a corresponding amount in accordance | ||
with the rules and procedures established under this | ||
paragraph 10.
| ||
The board shall establish by rule the manner of making | ||
the calculation required under
this paragraph 10, taking | ||
into account the appropriate actuarial
assumptions; the | ||
member's service, age, and salary history; the level
of | ||
funding of the employer; and
any other factors that the | ||
board determines to be relevant.
| ||
(b) Creditable service - amount:
| ||
1. One month of creditable service
shall be allowed for |
each month for which a participating employee made
| ||
contributions as required under Section 7-173, or for which | ||
creditable
service is otherwise granted hereunder. Not | ||
more than 1 month of
service shall be credited and counted | ||
for 1 calendar month, and not more
than 1 year of service | ||
shall be credited and counted for any calendar
year. A | ||
calendar month means a nominal month beginning on the first | ||
day
thereof, and a calendar year means a year beginning | ||
January 1 and ending
December 31.
| ||
2. A seasonal employee shall be given 12 months of | ||
creditable
service if he renders the number of months of | ||
service normally required
by the position in a 12-month | ||
period and he remains in service for the
entire 12-month | ||
period. Otherwise a fractional year of service in the
| ||
number of months of service rendered shall be credited.
| ||
3. An intermittent employee shall be given creditable | ||
service for
only those months in which a contribution is | ||
made under Section 7-173.
| ||
(c) No application for correction of credits or creditable | ||
service shall
be considered unless the board receives an | ||
application for correction while
(1) the applicant is a | ||
participating employee and in active employment
with a | ||
participating municipality or instrumentality, or (2) while | ||
the
applicant is actively participating in a pension fund or | ||
retirement
system which is a participating system under the | ||
Retirement Systems
Reciprocal Act. A participating employee or |
other applicant shall not be
entitled to credits or creditable | ||
service unless the required employee
contributions are made in | ||
a lump sum or in installments made in accordance
with board | ||
rule.
| ||
(d) Upon the granting of a retirement, surviving spouse or | ||
child
annuity, a death benefit or a separation benefit, on | ||
account of any
employee, all individual accumulated credits | ||
shall thereupon terminate.
Upon the withdrawal of additional | ||
contributions, the credits applicable
thereto shall thereupon | ||
terminate. Terminated credits shall not be applied
to increase | ||
the benefits any remaining employee would otherwise receive | ||
under
this Article.
| ||
(Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
| ||
(40 ILCS 5/8-226.7 new) | ||
Sec. 8-226.7. Transfer to Article 7. Until 6 months after | ||
the effective date of this amendatory Act of the 95th General | ||
Assembly, any member who is a sheriff's law enforcement | ||
employee under Article 7 of this Code who is eligible to | ||
transfer service credit to that Fund from this Fund under | ||
paragraph (9) of subsection (a) of Section 7-139 may apply for | ||
transfer of that service credit to the Illinois Municipal | ||
Retirement Fund. The credits and creditable service shall be | ||
transferred upon application, and shall include payment by this | ||
Fund to the Illinois Municipal Retirement Fund of: | ||
(1) the amounts accumulated to the credit of the |
applicant for that service, including interest, on the | ||
books of the Fund on the date of transfer; and | ||
(2) the corresponding employer credits computed and | ||
credited for that service under this Article, including | ||
interest, on the books of the Fund on the date of transfer. | ||
Participation in this Fund as to the credits transferred | ||
under this Section shall terminate on the date of transfer. | ||
(40 ILCS 5/9-121.17 new) | ||
Sec. 9-121.17. Transfer from Article 3. Until 6 months | ||
after the effective date, an employee may transfer to this Fund | ||
up to 6 years of creditable service accumulated under Article 3 | ||
of this Code, upon payment to this Fund of (1) the amount by | ||
which the employee and employer contributions that would have | ||
been required if the employee had participated in this Fund | ||
during the period for which credit is being transferred, plus | ||
interest, exceeds the amount actually transferred from the | ||
Article 3 fund to this Fund, plus (2) interest on the amount | ||
determined under item (1) at the rate of 6% per year, | ||
compounded annually, from the date of the transfer to the date | ||
of payment. | ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.31 as follows: | ||
(30 ILCS 805/8.31 new) |
Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 95th General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|