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Public Act 102-0742


 

Public Act 0742 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0742
 
SB2958 EnrolledLRB102 19593 RPS 28361 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 Section 11-215 as follows:
 
    (40 ILCS 5/11-215)  (from Ch. 108 1/2, par. 11-215)
    Sec. 11-215. Computation of service.
    (a) In computing the term of service of an employee prior
to the effective date, the entire period beginning on the date
he was first appointed and ending on the day before the
effective date, except any intervening period during which he
was separated by withdrawal from service, shall be counted for
all purposes of this Article. Only the first year of each
period of lay-off or leave of absence without pay, continuing
or extending for a period in excess of one year, shall be
counted as such service.
    (b) For a person employed by an employer for whom this
Article was in effect prior to August 1, 1949, from whose
salary deductions are first made under this Article after July
31, 1949, any period of service rendered prior to the
effective date, unless he was in service on the day before the
effective date, shall not be counted as service.
    (c) In computing the term of service of an employee
subsequent to the day before the effective date, the following
periods of time shall be counted as periods of service for
annuity purposes:
        (1) the time during which he performed the duties of
    his position;
        (2) leaves of absence with whole or part pay, and
    leaves of absence without pay not longer than 90 days;
        (3) leaves of absence without pay that begin before
    the effective date of this amendatory Act of the 97th
    General Assembly and during which a participant is
    employed full-time by a local labor organization that
    represents municipal employees, provided that:
            (A) the participant continues to make employee
        contributions to the Fund as though he were an active
        employee, based on the regular salary rate received by
        the participant for his municipal employment
        immediately prior to such leave of absence (and in the
        case of such employment prior to December 9, 1987,
        pays to the Fund an amount equal to the employee
        contributions for such employment plus regular
        interest thereon as calculated by the board), and
        based on his current salary with such labor
        organization after the effective date of this
        amendatory Act of 1991; ,
            (B) after January 1, 1989 the participant, or the
        labor organization on the participant's behalf, makes
        contributions to the Fund as though it were the
        employer, as follows:
                (i) after January 1, 1989 and prior to levy
            year 2017, in the same amount and same manner as
            specified under this Article, based on the regular
            salary rate received by the participant for his
            municipal employment immediately prior to such
            leave of absence, and based on his current salary
            with such labor organization after the effective
            date of this amendatory Act of 1991;
                (ii) beginning in levy year 2017 and until the
            effective date of this amendatory Act of the 102nd
            General Assembly, in an amount equal to the
            contribution by the participant under subparagraph
            (A) of this paragraph; and
                (iii) on and after the effective date of this
            amendatory Act of the 102nd General Assembly, in
            an amount equal to the difference between the
            contribution by the participant under subparagraph
            (A) of this paragraph and the normal cost, which
            shall be calculated by the Fund's actuary on an
            aggregate basis specific to the participant's Tier
            based on the Fund's most recent actuarial
            valuation and shall be effective on each July 1
            after the Board certifies the amount of the
            contribution to the participant; , and
            (C) the participant does not receive credit in any
        pension plan established by the local labor
        organization based on his employment by the
        organization;
        (4) any period of disability for which he received (i)
    a disability benefit under this Article, or (ii) a
    temporary total disability benefit under the Workers'
    Compensation Act if the disability results from a
    condition commonly termed heart attack or stroke or any
    other condition falling within the broad field of coronary
    involvement or heart disease, or (iii) whole or part pay.
    (d) For a person employed by an employer, or the
retirement board, in which "The 1935 Act" was in effect prior
to August 1, 1949, from whose salary deductions are first made
under "The 1935 Act" or this Article after July 31, 1949, any
period of service rendered subsequent to the effective date
and prior to August 1, 1949, shall not be counted as a period
of service under this Article, except such period for which he
made payment, as provided in Section 11-221 of this Article,
in which case such period shall be counted as a period of
service for all annuity purposes hereunder.
    (e) In computing the term of service of an employee
subsequent to the day before the effective date for ordinary
disability benefit purposes, the following periods of time
shall be counted as periods of service:
        (1) any period during which he performed the duties of
    his position;
        (2) leaves of absence with whole or part pay;
        (3) any period of disability for which he received (i)
    a duty disability benefit under this Article, or (ii) a
    temporary total disability benefit under the Workers'
    Compensation Act if the disability results from a
    condition commonly termed heart attack or stroke or any
    other condition falling within the broad field of coronary
    involvement or heart disease, or (iii) whole or part pay.
    However, any period of service rendered by an employee
contributor prior to the date he became a contributor to the
fund shall not be counted as a period of service for ordinary
disability purposes, unless the person made payment for the
period as provided in Section 11-221 of this Article, in which
case the period shall be counted as a period of service for
ordinary disability purposes for periods of disability on or
after the effective date of this amendatory Act of 1997.
    Overtime or extra service shall not be included in
computing any term of service. Not more than 1 year of service
shall be allowed for service rendered during any calendar
year.
    For the purposes of this Section, the phrase "any pension
plan established by the local labor organization" means any
pension plan in which a participant may receive credit as a
result of his or her membership in the local labor
organization, including, but not limited to, the local labor
organization itself and its affiliates at the local,
intrastate, State, multi-state, national, or international
level. The definition of this phrase is a declaration of
existing law and shall not be construed as a new enactment.
(Source: P.A. 97-651, eff. 1-5-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/6/2022