103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5107

 

Introduced 2/8/2024, by Rep. William E Hauter

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 115/2.5 new
40 ILCS 5/2-110  from Ch. 108 1/2, par. 2-110
40 ILCS 5/2-155.5 new

    Amends the General Assembly Compensation Act. Provides that "minimum attendance requirement" means 60% of the spring legislative session days of the applicable chamber for that member or, for a member who becomes a member of the General Assembly after the spring legislative session has commenced, 60% of the remaining spring legislative session days of the applicable chamber. Provides that beginning with the 104th General Assembly, a member of the General Assembly must meet the minimum attendance requirement in order to be entitled to an annual salary under the Act. Provides that if, upon the completion of the spring legislative session, a member failed to meet the minimum attendance requirement, the member shall not receive any compensation under the Act for the remainder of the calendar year and shall reimburse the State, in a manner determined by the State Comptroller, by rule, for the payments received in the calendar year. Amends the General Assembly Article of the Illinois Pension Code. Provides that a participant who is a member and fails to meet the minimum attendance requirement shall forfeit any service credit granted during that calendar year. Provides that any contributions for the forfeited service credit shall be refunded to the participant. Makes conforming changes. Effective immediately.


LRB103 34503 RPS 64336 b

 

 

A BILL FOR

 

HB5107LRB103 34503 RPS 64336 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The General Assembly Compensation Act is
5amended by adding Section 2.5 as follows:
 
6    (25 ILCS 115/2.5 new)
7    Sec. 2.5. Salary; minimum attendance requirement.
8    (a) In this Section, "minimum attendance requirement"
9means 60% of the spring legislative session days of the
10applicable chamber of the General Assembly for that member or,
11for a member who becomes a member of the General Assembly after
12the spring legislative session has commenced, 60% of the
13remaining spring legislative session days of the applicable
14chamber of the General Assembly for that member.
15    (b) In order to be entitled to the annual salary set by
16this Act, a member of the General Assembly must meet the
17minimum attendance requirement under this Section. If, upon
18the completion of the spring legislative session, a member
19failed to meet the minimum attendance requirement, the member
20shall not receive any compensation under this Act for the
21remainder of the calendar year and shall reimburse the State,
22in a manner determined by the State Comptroller, by rule, for
23the payments received in that calendar year.

 

 

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1    (c) This Section applies beginning with the 104th General
2Assembly.
 
3    Section 10. The Illinois Pension Code is amended by
4changing Section 2-110 and by adding Section 2-155.5 as
5follows:
 
6    (40 ILCS 5/2-110)  (from Ch. 108 1/2, par. 2-110)
7    Sec. 2-110. Service.
8    (A) "Service" means the period beginning on the day when a
9person first became a member, and ending on the date under
10consideration, excluding all intervening periods of
11nonmembership following resignation or expiration of any term
12of office.
13    (B) "Service" includes:
14        (a) Military service during war by a person who
15    entered such service while a member, whether rendered
16    before or after the expiration of any term of office; plus
17    up to 2 years of military service that need not have
18    immediately followed service as a member, and need not
19    have been served during wartime, provided that the member
20    makes contributions to the System for such service (1) at
21    the rates provided in Section 2-126 based upon the
22    member's rate of compensation on the last date as a
23    participant prior to such military service, or on the
24    first date as a participant after such military service,

 

 

HB5107- 3 -LRB103 34503 RPS 64336 b

1    whichever is greater, plus (2) if payment is made on or
2    after May 1, 1993, an amount determined by the Board to be
3    equal to the employer's normal cost of the benefits
4    accrued for such military service, plus (3) interest at
5    the effective rate from the date of first membership in
6    the System to the date of payment.
7        The amendment to this subdivision (B)(a) made by this
8    amendatory Act of 1993 shall apply to persons who are
9    active contributors to the System on or after November 30,
10    1992. A person who was an active contributor to the System
11    on November 30, 1992 but is no longer an active
12    contributor may apply to purchase military credit under
13    this subdivision (B)(a) within 60 days after the effective
14    date of this amendatory Act of 1993; if the person is an
15    annuitant, the resulting increase in annuity shall begin
16    to accrue on the first day of the month following the month
17    in which the required payment is received by the System.
18    The change in the required contribution for purchased
19    military credit made by this amendatory Act of 1993 shall
20    not entitle any person to a refund of contributions
21    already paid.
22        (b) Service as a judge of a court of this State, but
23    credit for such service is subject to the following
24    conditions: (1) such person shall have been a member for
25    at least 4 years and contributed to the system for service
26    as a judge subsequent to July 8, 1947, at the rates herein

 

 

HB5107- 4 -LRB103 34503 RPS 64336 b

1    provided, including interest at 2% per annum to the date
2    of payment based on the salary in effect during such
3    service; (2) the member was not an eligible member of nor
4    entitled to credit for such service in any other
5    retirement system in the State maintained in whole or in
6    part by public contributions; and (3) the last 4 years of
7    service prior to retirement on annuity was rendered while
8    a member.
9        (c) Service as a participating employee under Articles
10    3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of
11    the Illinois Pension Code. Credit for such service may be
12    established by a member and, if permitted by the credit
13    transfer Section of the appropriate Article, by a former
14    member who is not yet an annuitant, and is subject to the
15    following conditions: (1) that the credits accrued under
16    the above mentioned Articles have been transferred to this
17    system; and (2) that the member has contributed to this
18    system an amount equal to (i) the contribution rate in
19    effect for participants at the date of membership in this
20    system multiplied by the salary then in effect for members
21    of the General Assembly for each year of service for which
22    credit is being transferred, plus (ii) the State's share
23    of the normal cost of benefits under this system expressed
24    as a percent of payroll, as determined by the system's
25    actuary as of the date of the participant's membership in
26    this system, multiplied by the salary then in effect for

 

 

HB5107- 5 -LRB103 34503 RPS 64336 b

1    members of the General Assembly, for each year of service
2    for which credit is being transferred, plus (iii) interest
3    on items (i) and (ii) above at 6% per annum compounded
4    annually, from the date of membership to the date of
5    payment by the participant, less (iv) the amount
6    transferred to this system on behalf of the participant on
7    account of service rendered while a participant under the
8    above mentioned Articles.
9        (d) Service, before October 1, 1975, as an officer
10    elected by the people of Illinois, for which creditable
11    service is required to be transferred from the State
12    Employees' Retirement System to this system by this
13    amendatory Act of 1975.
14        (e) Service rendered prior to January 1, 1964, as a
15    justice of the peace or police magistrate or as a civil
16    referee in the Municipal Court of Chicago, but credit for
17    such service may not be granted until the member has paid
18    to the system an amount equal to (1) the contribution rate
19    for participants at the date of membership in this system
20    multiplied by the salary then in effect for members of the
21    General Assembly for each year of service for which credit
22    is being transferred, plus (2) the State's share of the
23    normal cost of benefits under this system expressed as a
24    percent of payroll, as determined by the system's actuary
25    as of the date of the participant's membership in this
26    system, multiplied by the salary then in effect for

 

 

HB5107- 6 -LRB103 34503 RPS 64336 b

1    members of the General Assembly, for each year of service
2    for which credit is allowed, plus, (3) interest on (1) and
3    (2) above at 6% per annum compounded annually from the
4    date of membership to the date of payment by the member.
5    However, a participant may not receive more than 6 years
6    of credit for such service nor may any member receive
7    credit under this paragraph for service for which credit
8    has been granted in any other public pension fund or
9    retirement system in the State.
10        (f) Service before January 16, 1981, as an officer
11    elected by the people of Illinois, for which creditable
12    service is transferred from the State Employees'
13    Retirement System to this system.
14    (C) Service during any fraction of a month shall be
15considered as a month of service.
16    Service includes the total period of time for which a
17participant is elected as a member or officer, even though he
18or she does not complete the term because of death,
19resignation, judicial decision, or operation of law, provided
20that the contributions required under this Article for such
21entire period of office have been made by or on behalf of the
22participant. In the case of a participant appointed or elected
23to fill a vacancy, service includes the total period from
24January 1 of the year in which his or her service commences to
25the end of the term in which the vacancy occurs, provided the
26participant contributes in the year of appointment an amount

 

 

HB5107- 7 -LRB103 34503 RPS 64336 b

1equal to the contributions that would have been required had
2the participant received salary for the entire year. The
3foregoing provisions relating to a participant appointed or
4elected to fill a vacancy shall not apply if the participant
5was a member of the other legislative chamber at the time of
6appointment or election.
7    (D) Notwithstanding the other provisions of this Section,
8if application to transfer or establish service credit under
9paragraph (c) or (e) of subsection (B) of this Section is made
10between January 1, 1992 and February 1, 1993, the contribution
11required for such credit shall be an amount equal to (1) the
12contribution rate in effect for participants at the date of
13membership in this system multiplied by the salary then in
14effect for members of the General Assembly for each year of
15service for which credit is being granted, plus (2) interest
16thereon at 6% per annum compounded annually, from the date of
17membership to the date of payment by the member, less (3) any
18amount transferred to this system on behalf of the member on
19account of such service credit.
20    (E) "Service" does not include periods for which service
21credit was forfeited under Section 2-155.5, notwithstanding
22any other provision of this Section.
23(Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
 
24    (40 ILCS 5/2-155.5 new)
25    Sec. 2-155.5. Service credit forfeiture. A participant who

 

 

HB5107- 8 -LRB103 34503 RPS 64336 b

1is a member and, upon the conclusion of the spring legislative
2session, fails to meet the minimum attendance requirement, as
3defined under Section 2.5 of the General Assembly Compensation
4Act, shall forfeit any service credit granted during that
5calendar year. Any contributions for the forfeited service
6credit shall be refunded to the participant. This Section
7applies to a person who first becomes a participant on or after
8January 10, 2024.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.