Public Act 095-0483
Public Act 0483 95TH GENERAL ASSEMBLY
|
Public Act 095-0483 |
HB0804 Enrolled |
LRB095 10606 AMC 30828 b |
|
| AN ACT concerning public employee benefits.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pension Code is amended by changing | Sections 3-109, 7-139, and 14-104 as follows:
| (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
| Sec. 3-109. Persons excluded.
| (a) The following persons shall not be eligible to | participate in a fund
created under this Article:
| (1) part-time police officers, special police | officers, night watchmen,
temporary employees, traffic | guards or so-called auxiliary police officers
specially | appointed to aid or direct traffic at or near schools or | public
functions, or to aid in civil defense, municipal | parking lot attendants,
clerks or other civilian employees | of a police department who perform
clerical duties | exclusively;
| (2) any police officer who fails to pay the | contributions required
under Section 3-125.1, computed (i) | for funds established prior to August
5, 1963, from the | date the municipality established the fund or the date of
a | police officer's first appointment (including an | appointment on probation),
whichever is later, or (ii) for |
| funds established after August 5, 1963,
from the date, as | determined from the statistics or census provided in
| Section 3-103, the municipality became subject to this | Article by attaining
the minimum population or by | referendum, or the date of a police officer's
first | appointment (including an appointment on probation), | whichever is
later, and continuing during his or her entire | service as a police officer; and
| (3) any person who has elected under Section 3-109.1 to | participate in
the Illinois Municipal Retirement Fund | rather than in a fund established
under this Article, | without regard to whether the person continues to be
| employed as chief of police or is employed in some other | rank or capacity
within the police department, unless the | person has lawfully rescinded that
election.
| (b) A police officer who is reappointed shall, before being | declared
eligible to participate in the pension fund, repay to | the fund as required
by Section 3-124 any refund received | thereunder.
| (c) Any person otherwise qualified to participate who was
| excluded from participation by reason of the age restriction | removed by
Public Act 79-1165 may elect to participate by | making a written application
to the Board before January 1, | 1990. Persons so electing shall begin
participation on the | first day of the month following the date of
application. Such | persons may also elect to establish creditable service
for |
| periods of employment as a police officer during which they did | not
participate by paying into the police pension fund, before | January 1, 1990,
the amount that the person would have | contributed had deductions from
salary been made for such | purpose at the time such service was rendered,
together with | interest thereon at 6% per annum from the time such service
was | rendered until the date the payment is made.
| (d) A person otherwise qualified to participate who was | excluded from
participation by reason of the fitness | requirement removed by this amendatory
Act of 1995 may elect to | participate by making a written application to the
Board before | July 1, 1996. Persons so electing shall begin participation on
| the first day of the month following the month in which the | application is
received by the Board. These persons may also | elect to establish creditable
service for periods of employment | as a police officer during which they did not
participate by | paying into the police pension fund, before January 1, 1997, | the
amount that the person would have contributed had | deductions from salary been
made for this purpose at the time | the service was rendered, together with
interest thereon at 6% | per annum, compounded annually, from the time the
service was | rendered until the date of payment.
| (e) A person employed by the Village of Shiloh who is | otherwise qualified to participate and was excluded from
| participation by reason of his or her failure to make written | application to the Board within 3 months after receiving his or |
| her first appointment or reappointment as required under | Section 3-106 may elect to participate by making a written | application to the
Board before July 1, 2008. Persons so | electing shall begin participation on
the first day of the | month following the month in which the application is
received | by the Board. These persons may also elect to establish | creditable
service for periods of employment as a police | officer during which they did not
participate by paying into | the police pension fund, before January 1, 2009, the
amount | that the person would have contributed had deductions from | salary been
made for this purpose at the time the service was | rendered, together with
interest thereon at 6% per annum, | compounded annually, from the time the
service was rendered | until the date of payment. The Village of Shiloh must pay to | the System the corresponding employer contributions, plus | interest.
| (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
| (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| Sec. 7-139. Credits and creditable service to employees.
| (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:
| 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
| 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:
| If the effective date of participation for the | participating municipality
or participating | instrumentality is on or before January 1, 1998, creditable
| service shall be granted for the entire period of prior | service with that
employer without any employee | contribution.
| If the effective date of participation for the | participating municipality
or participating | instrumentality is after January 1, 1998, creditable
| 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.
| 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.
| Any person who has withdrawn from the service of a | participating
municipality
or participating | instrumentality prior to the effective date, who reenters
| 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
| 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
| reentering service with the employer after the employer's | effective date of
participation.
| 2. For current service, each participating employee | shall be
credited with:
| 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.
| 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).
| 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.
| 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
| for the purpose of establishing out-of-state service |
| credits.
| 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.
| 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:
| 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.
| 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.
| 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
|
| 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
| 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.
| 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
| 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.
| e. No credits or creditable service shall be | allowed for leave of
absence without pay during any | period of prior service.
| 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
| 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
| 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.
| 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
| 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.
| 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.
| 5.1. In addition to any creditable service established | under
paragraph 5 of this subsection (a), creditable | service may be granted for
up to 48
24 months of service in | the armed forces of the United States.
| 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.
| The changes made to this paragraph 5.1 by this | amendatory Act of the 95th General Assembly apply only to | participating employees in service on or after its | effective date.
| 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, 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,
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 5/14-104) (from Ch. 108 1/2, par. 14-104) | Sec. 14-104. Service for which contributions permitted.
| Contributions provided for in this Section shall cover the | period of
service granted. Except as otherwise provided in this | Section, the
contributions shall be based upon the employee's | compensation and
contribution rate in effect on the date he | last became a member of the
System; provided that for all | employment prior to January 1, 1969 the
contribution rate shall | be that in effect for a noncovered employee on
the date he last | became a member of the System. Except as otherwise provided
in | this Section, contributions permitted under this Section shall | include
regular interest from the date an employee last became | a member of the System
to the date of payment.
| These contributions must be paid in full before retirement | either in
a lump sum or in installment payments in accordance | with such rules as
may be adopted by the board.
| (a) Any member may make contributions as required in this | Section
for any period of service, subsequent to the date of | establishment, but
prior to the date of membership.
| (b) Any employee who had been previously excluded from | membership
because of age at entry and subsequently became | eligible may elect to
make contributions as required in this |
| Section for the period of service
during which he was | ineligible.
| (c) An employee of the Department of Insurance who, after | January 1,
1944 but prior to becoming eligible for membership, | received salary from
funds of insurance companies in the | process of rehabilitation,
liquidation, conservation or | dissolution, may elect to make
contributions as required in | this Section for such service.
| (d) Any employee who rendered service in a State office to | which he
was elected, or rendered service in the elective | office of Clerk of the
Appellate Court prior to the date he | became a member, may make
contributions for such service as | required in this Section. Any member
who served by appointment | of the Governor under the Civil Administrative
Code of Illinois | and did not participate in this System may make
contributions | as required in this Section for such service.
| (e) Any person employed by the United States government or | any
instrumentality or agency thereof from January 1, 1942 | through November
15, 1946 as the result of a transfer from | State service by executive
order of the President of the United | States shall be entitled to prior
service credit covering the | period from January 1, 1942 through December
31, 1943 as | provided for in this Article and to membership service
credit | for the period from January 1, 1944 through November 15, 1946 | by
making the contributions required in this Section. A person | so employed
on January 1, 1944 but whose employment began after |
| January 1, 1942 may
qualify for prior service and membership | service credit under the same
conditions.
| (f) An employee of the Department of Labor of the State of | Illinois who
performed services for and under the supervision | of that Department
prior to January 1, 1944 but who was | compensated for those services
directly by federal funds and | not by a warrant of the Auditor of Public
Accounts paid by the | State Treasurer may establish credit for such
employment by | making the contributions required in this Section. An
employee | of the Department of Agriculture of the State of Illinois, who
| performed services for and under the supervision of that | Department
prior to June 1, 1963, but was compensated for those | services directly
by federal funds and not paid by a warrant of | the Auditor of Public
Accounts paid by the State Treasurer, and | who did not contribute to any
other public employee retirement | system for such service, may establish
credit for such | employment by making the contributions required in this
| Section.
| (g) Any employee who executed a waiver of membership within
| 60 days prior to January 1, 1944 may, at any time while in the | service of a
department, file with the board a rescission of | such waiver. Upon
making the contributions required by this | Section, the member shall be
granted the creditable service | that would have been received if the
waiver had not been | executed.
| (h) Until May 1, 1990, an employee who was employed on a |
| full-time
basis by a regional planning commission for at least | 5 continuous years may
establish creditable service for such | employment by making the
contributions required under this | Section, provided that any credits earned
by the employee in | the commission's retirement plan have been terminated.
| (i) Any person who rendered full time contractual services | to the General
Assembly as a member of a legislative staff may | establish service credit for up
to 8 years of such services by | making the contributions required under this
Section, provided | that application therefor is made not later than July 1,
1991.
| (j) By paying the contributions otherwise required under | this Section,
plus an amount determined by the Board to be | equal to the employer's normal
cost of the benefit plus | interest, but with all of the interest calculated
from the date | the employee last became a member of the System or November 19,
| 1991, whichever is later, to the date of payment, an employee | may establish
service credit
for a period of up to 4
2 years | spent in active military service for which he
does not qualify | for credit under Section 14-105, provided that (1) he was
not | dishonorably discharged from such military service, and (2) the | amount
of service credit established by a member under this | subsection (j), when
added to the amount of military service | credit granted to the member under
subsection (b) of Section | 14-105, shall not exceed 5 years. The change
in the manner of | calculating interest under this subsection (j) made by this
| amendatory Act of the 92nd General Assembly applies to credit |
| purchased by an
employee on or after its effective date and | does not entitle any person to a
refund of contributions or | interest already paid.
In compliance with Section 14-152.1 of | this Act concerning new benefit increases, any new benefit | increase as a result of the changes to this subsection (j) made | by this amendatory Act of the 95th General Assembly is funded | through the employee contributions provided for in this | subsection (j). Any new benefit increase as a result of the | changes made to this subsection (j) by this amendatory Act of | the 95th General Assembly is exempt from the provisions of | subsection (d) of Section 14-152.1.
| (k) An employee who was employed on a full-time basis by | the Illinois
State's Attorneys Association Statewide Appellate | Assistance Service
LEAA-ILEC grant project prior to the time | that project became the State's
Attorneys Appellate Service | Commission, now the Office of the State's
Attorneys Appellate | Prosecutor, an agency of State government, may
establish | creditable service for not more than 60 months service for
such | employment by making contributions required under this | Section.
| (l) By paying the contributions otherwise required under | this Section,
plus an amount determined by the Board to be | equal to the employer's normal
cost of the benefit plus | interest, a member may establish service credit
for periods of | less than one year spent on authorized leave of absence from
| service, provided that (1) the period of leave began on or |
| after January 1,
1982 and (2) any credit established by the | member for the period of leave in
any other public employee | retirement system has been terminated. A member
may establish | service credit under this subsection for more than one period
| of authorized leave, and in that case the total period of | service credit
established by the member under this subsection | may exceed one year. In
determining the contributions required | for establishing service credit under
this subsection, the | interest shall be calculated from the beginning of the
leave of | absence to the date of payment.
| (m) Any person who rendered contractual services to a | member of
the General Assembly as a worker in the member's | district office may establish
creditable service for up to 3 | years of those contractual services by making
the contributions | required under this Section. The System shall determine a
| full-time salary equivalent for the purpose of calculating the | required
contribution. To establish credit under this | subsection, the applicant must
apply to the System by March 1, | 1998.
| (n) Any person who rendered contractual services to a | member of
the General Assembly as a worker providing | constituent services to persons in
the member's district may | establish
creditable service for up to 8 years of those | contractual services by making
the contributions required | under this Section. The System shall determine a
full-time | salary equivalent for the purpose of calculating the required
|
| contribution. To establish credit under this subsection, the | applicant must
apply to the System by March 1, 1998.
| (o) A member who participated in the Illinois Legislative | Staff
Internship Program may establish creditable service for | up to one year
of that participation by making the contribution | required under this Section.
The System shall determine a | full-time salary equivalent for the purpose of
calculating the | required contribution. Credit may not be established under
this | subsection for any period for which service credit is | established under
any other provision of this Code.
| (p) By paying the contributions otherwise required under | this Section,
plus an amount determined by the Board to be | equal to the employer's normal
cost of the benefit plus | interest, a member may establish service credit
for a period of | up to 8 years during which he or she was employed by the
| Visually Handicapped Managers of Illinois in a vending program | operated under
a contractual agreement with the Department of | Rehabilitation Services or its successor agency.
| This subsection (p) applies without regard to whether the | person was in service on or after the effective date of this | amendatory Act of the 94th General Assembly. In the case of a | person who is receiving a retirement annuity on that effective | date, the increase, if any, shall begin to accrue on the first | annuity payment date following receipt by the System of the | contributions required under this subsection (p).
| (q) By paying the required contributions under this |
| Section, plus an amount determined by the Board to be equal to | the employer's normal cost of the benefit plus interest, an | employee who was laid off but returned to State employment | under circumstances in which the employee is considered to have | been in continuous service for purposes of determining | seniority may establish creditable service for the period of | the layoff, provided that (1) the applicant applies for the | creditable service under this subsection (q) within 6 months | after the effective date of this amendatory Act of the 94th | General Assembly, (2) the applicant does not receive credit for | that period under any other provision of this Code, (3) at the | time of the layoff, the applicant is not in an initial | probationary status consistent with the rules of the Department | of Central Management Services, and (4) the total amount of | creditable service established by the applicant under this | subsection (q) does not exceed 3 years. For service established | under this subsection (q), the required employee contribution | shall be based on the rate of compensation earned by the | employee on the date of returning to employment after the | layoff and the contribution rate then in effect, and the | required interest shall be calculated from the date of | returning to employment after the layoff to the date of | payment.
| (Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07.)
| 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.
|
Effective Date: 8/28/2007
|