|
|
||||
| Public Act 096-0718 |
||||
| ||||
| ||||
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 | ||||
Section 14-104 as follows: | ||||
(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 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 Public Act 95-483
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 Public Act 95-483
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.
| ||
(l-5) 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 | ||
up to 2 years spent on authorized leave of absence from
| ||
service, provided that during that leave the member represented | ||
or was employed as an officer or employee of a statewide labor | ||
organization that represents members of this System. 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.
| ||
(r) A member who participated in the University of Illinois | ||
Government Public Service Internship Program (GPSI) may | ||
establish creditable service for up to 2 years
of that | ||
participation by making the contribution 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.
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. | ||
(s)
A member who worked as a nurse under a contractual | ||
agreement for the Department of Public Aid, or its successor | ||
agency, the Department of Human Services, in the Client | ||
Assessment Unit and was subsequently determined to be a State | ||
employee by the United States Internal Revenue Service and the | ||
Illinois Labor Relations Board may establish creditable | ||
service for those contractual services by making the | ||
contributions required under this Section. To establish credit | ||
under this subsection, the applicant must apply to the System | ||
by July 1, 2008. | ||
The Department of Human Services shall pay an employer | ||
contribution based upon an amount determined by the Board to be | ||
equal to the employer's normal cost of the benefit, plus | ||
interest. | ||
In compliance with Section 14-152.1 added by Public Act | ||
94-4, the cost of the benefits provided by Public Act 95-583
| ||
are offset by the required employee and employer contributions.
| ||
(t) A member may establish creditable service and earnings | ||
credit for a period of voluntary or involuntary furlough, not | ||
exceeding 5 days, beginning on or after July 1, 2008 and ending | ||
on or before June 30, 2009, that is utilized as a means of | ||
addressing a State fiscal emergency. To receive this credit, | ||
the member must apply in writing to the System before July 1, | ||
2012, and make contributions 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 at the actuarially | ||
assumed rate. | ||
(Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07; | ||
95-483, eff. 8-28-07; 95-583, eff. 8-31-07; 95-652, eff. | ||
10-11-07; 95-876, eff. 8-21-08.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||