SB2398 103RD GENERAL ASSEMBLY

LRB103 30782 RPS 57270 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2398

Introduced 2/10/2023, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

40 ILCS 5/8-110	from Ch. 108 1/2, par. 8-110
40 ILCS 5/8-113	from Ch. 108 1/2, par. 8-113
40 ILCS 5/8-180.3 new
30 ILCS 805/8.47 new

Amends the Chicago Municipal Article of the Illinois Pension Code. Adds the Metropolitan Pier and Exposition Authority to the definition of "employer". Adds any person employed by the Metropolitan Pier and Exposition Authority to the definition of "employee". Provides that an employee or a member or participant under any reciprocal retirement system or pension fund established under the Code may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority prior to the effective date of the amendatory Act by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. Provides that service credit shall not be granted for any such prior employment for which the applicant received credit under any other provision of the Code or during which the applicant was on a leave of absence. Amends the State Mandates Act to require implementation without reimbursement.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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 8-110 and 8-113 and by adding Section 8-180.3 as follows:

(40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)

Sec. 8-110. Employer. "Employer":

(1) a city of more than 500,000 inhabitants;

(2) the Board of Education of the city, with respect to any of its employees who participate in this Fund;

(3) the Chicago Housing Authority, with respect to any of its employees who participate in this Fund subject to the provisions of Section 8-230.9;

(4) the Public Building Commission of the city, with respect to any of its employees who participate in this Fund; and

(5) the Retirement Board; and .

(6) the Metropolitan Pier and Exposition Authority.

(Source: P.A. 92-599, eff. 6-28-02.)

(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)

Sec. 8-113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant":

(a) Any employee of an employer employed in the classified civil service thereof other than by temporary appointment or in a position excluded or exempt from the classified service by the Civil Service Act, or in the case of a city operating under a personnel ordinance, any employee of an employer employed in the classified or career service under the provisions of a personnel ordinance, other than in a provisional or exempt position as specified in such ordinance or in rules and regulations formulated thereunder.

(b) Any employee in the service of an employer before the Civil Service Act came in effect for the employer.

(c) Any person employed by the board.

(d) Any person employed after December 31, 1949, but prior to January 1, 1984, in the service of the employer by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, who meets the following qualifications:

(1) has rendered service during not less than 12 calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and

(2) files written application with the board, while in the service, to be included hereunder.

(e) After December 31, 1949, any alderperson or other officer or official of the employer, who files, while in office, written application with the board to be included hereunder.

(f) Beginning January 1, 1984, any person employed by an employer other than the Chicago Housing Authority or the Public Building Commission of the city, whether or not such person is serving by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, provided that such person is neither (1) an alderperson or other officer or official of the employer, nor (2) participating, on the basis of such employment, in any other pension fund or retirement system established under this Act.

(g) After December 31, 1959, any person employed in the law department of the city, or municipal court or Board of Election Commissioners of the city, who was a contributor and participant, on December 31, 1959, in the annuity and benefit fund in operation in the city on said date, by virtue of the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act.

After December 31, 1959, the foregoing definition includes any other person employed or to be employed in the law department, or municipal court (other than as a judge), or Board of Election Commissioners (if his salary is provided by appropriation of the city council of the city and his salary paid by the city) -- subject, however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership.

Notwithstanding any other provision in this Section, any person who first becomes employed in the law department of the city on or after the effective date of this amendatory Act of the 100th General Assembly shall be included within the foregoing definition, effective upon the date the person first becomes so employed, regardless of the nature of the appointment the person holds under the provisions of a personnel ordinance.

(h) After December 31, 1965, any person employed in the public library of the city -- and any other person -- who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act.

(i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act.

(j) Any person employed full-time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8-230.9.

(k) Any person employed full-time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8-230.7.

(l) Any person employed by the Metropolitan Pier and Exposition Authority.

(Source: P.A. 102-15, eff. 6-17-21.)

(40 ILCS 5/8-180.3 new)

Sec. 8-180.3. Credit for service as an employee of the Metropolitan Pier and Exposition Authority. An employee or a member or participant under any reciprocal retirement system or pension fund established under this Code may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority prior to the effective date of this amendatory Act of the 103rd General Assembly by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. However, service credit shall not be granted under this Section for any such prior employment for which the applicant received credit under any other provision of this Code or during which the applicant was on a leave of absence.

Section 90. The State Mandates Act is amended by adding Section 8.47 as follows:

(30 ILCS 805/8.47 new)

Sec. 8.47. 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 103rd General Assembly.