Full Text of HB4136 94th General Assembly
HB4136 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4136
Introduced 10/21/2005, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-128 |
from Ch. 108 1/2, par. 16-128 |
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Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that employer contributions for days granted by an employer in excess of the member's normal annual sick leave allotment shall be paid in the form of a lump sum within 30 days after receipt of the bill after the teacher begins receiving benefits under this Article. Effective immediately.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4136 |
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LRB094 14747 AMC 49724 b |
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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 changing | 5 |
| Section 16-128 as follows:
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| (40 ILCS 5/16-128) (from Ch. 108 1/2, par. 16-128)
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| Sec. 16-128. Creditable service - required contributions.
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| (a) In order to receive the creditable service specified | 9 |
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subsection (b) of Section 16-127, a member is required to | 10 |
| make the
following contributions: (i) an amount equal to the | 11 |
| contributions
which would have been required had such service | 12 |
| been rendered as a member
under this System; (ii) for military | 13 |
| service not immediately following
employment and for service | 14 |
| established under subdivision (b)(10) of
Section 16-127, an | 15 |
| amount determined by the Board to be equal to the
employer's | 16 |
| normal cost of the benefits accrued for such service; and (iii)
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| interest from the date the contributions would have been due | 18 |
| (or, in the case
of a person establishing credit for military | 19 |
| service under subdivision (b)(3)
of Section 16-127, the date of | 20 |
| first membership in the System, if that date
is later) to the | 21 |
| date of payment, at the following rate of interest,
compounded | 22 |
| annually: for periods prior to July 1, 1965, regular interest; | 23 |
| from
July 1, 1965 to June 30, 1977, 4% per year; on and after | 24 |
| July 1, 1977, regular
interest.
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| (b) In order to receive creditable service under paragraph | 26 |
| (2) of
subsection (b) of Section 16-127 for those who were not | 27 |
| members on June 30,
1963, the minimum required contribution | 28 |
| shall be $420 per year of service
together with interest at 4% | 29 |
| per year compounded annually from July 1,
preceding the date of | 30 |
| membership until June 30, 1977 and at regular
interest | 31 |
| compounded annually thereafter to the date of payment.
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| (c) In determining the contribution required in order to |
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HB4136 |
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LRB094 14747 AMC 49724 b |
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| receive creditable
service under paragraph (3) of subsection | 2 |
| (b) of Section 16-127, the salary
rate for the remainder of the | 3 |
| school term in which a member enters military
service shall be | 4 |
| assumed to be equal to the member's salary rate at the
time of | 5 |
| entering military service. However, for military service not
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| immediately following employment, the salary rate on the last | 7 |
| date as a
participating teacher prior to such military service, | 8 |
| or on the first date
as a participating teacher after such | 9 |
| military service, whichever is
greater, shall be assumed to be | 10 |
| equal to the member's salary rate at the
time of entering | 11 |
| military service. For each school term thereafter, the
member's | 12 |
| salary rate shall be assumed to be 5% higher than the salary | 13 |
| rate
in the previous school term.
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| (d) In determining the contribution required in order to | 15 |
| receive creditable
service under paragraph (5) of subsection | 16 |
| (b) of Section 16-127, a member's
salary rate during the period | 17 |
| for which credit is being established shall be
assumed to be | 18 |
| equal to the member's last salary
rate immediately preceding | 19 |
| that period.
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| (d-5) For each year of service credit to be established | 21 |
| under subsection
(b-1) of Section 16-127, a member is required | 22 |
| to contribute to the System (i)
16.5% of the annual salary rate | 23 |
| during the first year of full-time employment
as a teacher | 24 |
| under this Article following the private school service, plus
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| (ii) interest thereon from the date of first full-time | 26 |
| employment as a teacher
under this Article following the | 27 |
| private school service to the date of payment,
compounded | 28 |
| annually, at the rate of 8.5% per year for periods before the
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| effective date of this amendatory Act of the 92nd General | 30 |
| Assembly, and for
subsequent periods at a rate equal to the | 31 |
| System's actuarially assumed rate of
return on investments.
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| (d-10) For service credit established under paragraph (6) | 33 |
| of subsection (b) of Section 16-127 for days granted by an | 34 |
| employer in excess of the member's normal annual sick leave | 35 |
| allotment, the employer is required to pay the normal cost of | 36 |
| benefits based upon such service credit. This subsection (d-10) |
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HB4136 |
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LRB094 14747 AMC 49724 b |
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| does not apply to sick leave granted to teachers under | 2 |
| contracts or collective bargaining agreements entered into, | 3 |
| amended, or renewed before June 1, 2005 ( the effective date of | 4 |
| Public Act 94-4)
this amendatory Act of the 94th General | 5 |
| Assembly .
The employer contributions required under this | 6 |
| subsection (d-10) shall be paid in the form of a lump sum | 7 |
| within 30 days after receipt of the bill after the teacher | 8 |
| begins receiving benefits under this Article.
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| (e) Except for contributions under subsection (d-10), the
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| The contributions required under this Section may be made from | 11 |
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date the statement for such creditable service is issued | 12 |
| until retirement
date. All such required contributions must be | 13 |
| made before any retirement
annuity is granted.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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