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1 | AN ACT in relation to pensions.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 7-137 and 7-139 as follows:
| ||||||
6 | (40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
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7 | Sec. 7-137. Participating and covered employees.
| ||||||
8 | (a) The persons described in this paragraph (a) shall be | ||||||
9 | included within
and be subject to this Article and eligible to | ||||||
10 | benefits from this fund,
beginning upon the dates hereinafter | ||||||
11 | specified:
| ||||||
12 | 1. Except as to the employees specifically excluded | ||||||
13 | under the
provisions of this Article, all persons who are | ||||||
14 | employees of any
municipality (or instrumentality thereof) | ||||||
15 | or participating
instrumentality on the effective date of | ||||||
16 | participation of the
municipality or participating | ||||||
17 | instrumentality beginning upon such
effective date.
| ||||||
18 | 2. Except as to the employees specifically excluded | ||||||
19 | under the
provisions of this Article, all persons, who | ||||||
20 | became employees of any
participating municipality (or | ||||||
21 | instrumentality thereof) or participating
instrumentality | ||||||
22 | after the effective date of participation of such
| ||||||
23 | municipality or participating instrumentality, beginning | ||||||
24 | upon the date
such person becomes an employee.
| ||||||
25 | 3. All persons who file notice with the board as | ||||||
26 | provided in
paragraph (b) 2 and 3 of this Section, | ||||||
27 | beginning upon the date of filing
such notice.
| ||||||
28 | (b) The following described persons shall not be considered
| ||||||
29 | participating employees eligible for benefits from this fund, | ||||||
30 | but shall
be included within and be subject to this Article | ||||||
31 | (each of the
descriptions is not exclusive but is cumulative):
| ||||||
32 | 1. Any person who occupies an office or is employed in |
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1 | a position
normally requiring performance of duty during | ||||||
2 | less than 600 hours a year
for a municipality (including | ||||||
3 | all instrumentalities thereof) or a
participating | ||||||
4 | instrumentality. If a school treasurer performs services
| ||||||
5 | for more than one school district, the total number of | ||||||
6 | hours of service
normally required for the several school | ||||||
7 | districts shall be considered
to determine whether he | ||||||
8 | qualifies under this paragraph;
| ||||||
9 | 2. Any person who holds elective office unless he has | ||||||
10 | elected while
in that office in a written notice on file | ||||||
11 | with the board to become a
participating employee;
| ||||||
12 | 3. Any person working for a city hospital unless any | ||||||
13 | such person,
while in active employment, has elected in a | ||||||
14 | written notice on file with
the board to become a | ||||||
15 | participating employee and notification thereof is
| ||||||
16 | received by the board;
| ||||||
17 | 4. Any person who becomes an employee after June 30, | ||||||
18 | 1979 as a public
service employment program participant | ||||||
19 | under the federal Comprehensive
Employment and Training | ||||||
20 | Act and whose wages or fringe benefits are paid in
whole or | ||||||
21 | in part by funds provided under such Act ; .
| ||||||
22 | 5. Any person who is actively employed by a | ||||||
23 | municipality on its effective date of participation in the | ||||||
24 | Fund if that municipality (i) has at least 35 employees on | ||||||
25 | its effective date of participation; (ii) is located in a | ||||||
26 | county with at least 2,000,000 inhabitants; and (iii) | ||||||
27 | maintains an independent defined benefit pension plan for | ||||||
28 | the benefit of its eligible employees, unless the person | ||||||
29 | files with the board within 90 days after the | ||||||
30 | municipality's effective date of participation an | ||||||
31 | irrevocable election to participate.
| ||||||
32 | (c) Any person electing to be a participating employee, | ||||||
33 | pursuant to
paragraph (b) of this Section may not change such | ||||||
34 | election,
except as provided in Section 7-137.1.
| ||||||
35 | (d) Any employee who occupied the position of school nurse | ||||||
36 | in any
participating municipality on August 8, 1961 and |
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1 | continuously thereafter
until the effective date of the | ||||||
2 | exercise of the option authorized by
this subparagraph, who on | ||||||
3 | August 7, 1961 was a member of the Teachers'
Retirement System | ||||||
4 | of Illinois, by virtue of certification by the
Department of | ||||||
5 | Registration and Education as a public health nurse, may
elect | ||||||
6 | to terminate participation in this Fund in order to | ||||||
7 | re-establish
membership in such System. The election may be | ||||||
8 | exercised by filing
written notice thereof with the Board or | ||||||
9 | with the Board of Trustees of
said Teachers' Retirement System, | ||||||
10 | not later than September 30, 1963, and
shall be effective on | ||||||
11 | the first day of the calendar month next following
the month in | ||||||
12 | which the notice was filed. If the written notice is filed
with | ||||||
13 | such Teachers' Retirement System, that System shall | ||||||
14 | immediately
notify this Fund, but neither failure nor delay in | ||||||
15 | notification shall
affect the validity of the employee's | ||||||
16 | election. If the option is
exercised, the Fund shall notify | ||||||
17 | such Teachers' Retirement System of
such fact and transfer to | ||||||
18 | that system the amounts contributed by the
employee to this | ||||||
19 | Fund, including interest at 3% per annum, but excluding
| ||||||
20 | contributions applicable to social security coverage during | ||||||
21 | the period
beginning August 8, 1961 to the effective date of | ||||||
22 | the employee's
election. Participation in this Fund as to any | ||||||
23 | credits on or after
August 8, 1961 and up to the effective date | ||||||
24 | of the employee's election
shall terminate on such effective | ||||||
25 | date.
| ||||||
26 | (e) Any participating municipality or participating | ||||||
27 | instrumentality,
other than a school district or special | ||||||
28 | education joint agreement created
under Section 10-22.31 of the | ||||||
29 | School Code, may, by a resolution or
ordinance duly adopted by | ||||||
30 | its governing body, elect to exclude from
participation and | ||||||
31 | eligibility for benefits all persons who are employed
after the | ||||||
32 | effective date of such resolution or ordinance and who occupy | ||||||
33 | an
office or are employed in a position normally requiring | ||||||
34 | performance of duty
for less than 1000 hours per year for the | ||||||
35 | participating municipality
(including all instrumentalities | ||||||
36 | thereof) or participating instrumentality
except for persons |
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| |||||||
1 | employed in a position normally requiring performance of
duty | ||||||
2 | for 600 hours or more per year (i) by such participating | ||||||
3 | municipality
or participating instrumentality prior to the | ||||||
4 | effective date of the
resolution or ordinance, (ii) by any | ||||||
5 | participating municipality or
participating instrumentality | ||||||
6 | prior to January 1, 1982 and (iii) by a
participating | ||||||
7 | municipality or participating instrumentality, which had not
| ||||||
8 | adopted such a resolution when the person was employed, and the | ||||||
9 | function
served by the employee's position is assumed by | ||||||
10 | another participating
municipality or participating | ||||||
11 | instrumentality. A participating municipality or
participating | ||||||
12 | instrumentality included in and subject to this Article after
| ||||||
13 | January 1, 1982 may adopt such resolution or ordinance only | ||||||
14 | prior to the
date it becomes included in and subject to this | ||||||
15 | Article. Notwithstanding
the foregoing, a participating | ||||||
16 | municipality or participating
instrumentality which is formed | ||||||
17 | solely to succeed to the functions of a
participating | ||||||
18 | municipality or participating instrumentality shall be
| ||||||
19 | considered to have adopted any such resolution or ordinance | ||||||
20 | which may have
been applicable to the employees performing such | ||||||
21 | functions. The election
made by the resolution or ordinance | ||||||
22 | shall take effect at the time specified
in the resolution or | ||||||
23 | ordinance, and once effective shall be irrevocable.
| ||||||
24 | (Source: P.A. 86-272; 87-740; 87-850.)
| ||||||
25 | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| ||||||
26 | Sec. 7-139. Credits and creditable service to employees.
| ||||||
27 | (a) Each participating employee shall be granted credits | ||||||
28 | and creditable
service, for purposes of determining the amount | ||||||
29 | of any annuity or benefit
to which he or a beneficiary is | ||||||
30 | entitled, as follows:
| ||||||
31 | 1. For prior service: Each participating employee who | ||||||
32 | is an employee
of a participating municipality or | ||||||
33 | participating instrumentality on the
effective date shall | ||||||
34 | be granted creditable service, but no credits under
| ||||||
35 | paragraph 2 of this subsection (a), for periods of prior |
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| |||||||
1 | service for which
credit has not been received under any | ||||||
2 | other pension fund or retirement system
established under | ||||||
3 | this Code, as follows:
| ||||||
4 | If the effective date of participation for the | ||||||
5 | participating municipality
or participating | ||||||
6 | instrumentality is on or before January 1, 1998, creditable
| ||||||
7 | service shall be granted for the entire period of prior | ||||||
8 | service with that
employer without any employee | ||||||
9 | contribution.
| ||||||
10 | If the effective date of participation for the | ||||||
11 | participating municipality
or participating | ||||||
12 | instrumentality is after January 1, 1998, creditable
| ||||||
13 | service shall be granted for the last 20% of the period of | ||||||
14 | prior service with
that employer, but no more than 5 years, | ||||||
15 | without any employee contribution. A
participating | ||||||
16 | employee may establish creditable service for the | ||||||
17 | remainder of
the period of prior service with that employer | ||||||
18 | by making an application in
writing, accompanied by payment | ||||||
19 | of an employee contribution in an
amount determined by the | ||||||
20 | Fund, based on the employee contribution rates in
effect at | ||||||
21 | the time of application for the creditable service and the | ||||||
22 | employee's
salary rate on the effective date of | ||||||
23 | participation for that employer, plus
interest at the | ||||||
24 | effective rate from the date of the prior service to the | ||||||
25 | date
of payment. Application for this creditable service | ||||||
26 | may be made at any time
while the employee is still in | ||||||
27 | service.
| ||||||
28 | A municipality that (i) has at least 35 employees; (ii) | ||||||
29 | is located in a county with at least 2,000,000 inhabitants; | ||||||
30 | and (iii) maintains an independent defined benefit pension | ||||||
31 | plan for the benefit of its eligible employees may restrict | ||||||
32 | creditable service in whole or in part for periods of prior | ||||||
33 | service with the employer if the governing body of the | ||||||
34 | municipality adopts an irrevocable resolution to restrict | ||||||
35 | that creditable service and files the resolution with the | ||||||
36 | board before the municipality's effective date of |
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| |||||||
1 | participation.
| ||||||
2 | Any person who has withdrawn from the service of a | ||||||
3 | participating
municipality
or participating | ||||||
4 | instrumentality prior to the effective date, who reenters
| ||||||
5 | the service of the same municipality or participating | ||||||
6 | instrumentality after
the effective date and becomes a | ||||||
7 | participating employee is entitled to
creditable service | ||||||
8 | for prior service as otherwise provided in this
subdivision | ||||||
9 | (a)(1) only if he or she renders 2 years of service as a
| ||||||
10 | participating employee after the effective date. | ||||||
11 | Application
for such service must be made while in a | ||||||
12 | participating status.
The salary rate to be used in the | ||||||
13 | calculation of the required employee
contribution, if any, | ||||||
14 | shall be the employee's salary rate at the time of first
| ||||||
15 | reentering service with the employer after the employer's | ||||||
16 | effective date of
participation.
| ||||||
17 | 2. For current service, each participating employee | ||||||
18 | shall be
credited with:
| ||||||
19 | a. Additional credits of amounts equal to each | ||||||
20 | payment of additional
contributions received from him | ||||||
21 | under Section 7-173, as of the
date the corresponding | ||||||
22 | payment of earnings is payable to him.
| ||||||
23 | b. Normal credits of amounts equal to each payment | ||||||
24 | of normal
contributions received from him, as of the | ||||||
25 | date the corresponding payment of
earnings is payable | ||||||
26 | to him, and normal contributions made for the purpose | ||||||
27 | of
establishing out-of-state service credits as | ||||||
28 | permitted under the conditions set
forth in paragraph 6 | ||||||
29 | of this subsection (a).
| ||||||
30 | c. Municipality credits in an amount equal to 1.4 | ||||||
31 | times the normal
credits, except those established by | ||||||
32 | out-of-state service credits, as of
the date of | ||||||
33 | computation of any benefit if these credits would | ||||||
34 | increase
the benefit.
| ||||||
35 | d. Survivor credits equal to each payment of | ||||||
36 | survivor contributions
received from the participating |
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| |||||||
1 | employee as of the date the
corresponding payment of | ||||||
2 | earnings is payable, and survivor contributions made
| ||||||
3 | for the purpose of establishing out-of-state service | ||||||
4 | credits.
| ||||||
5 | 3. For periods of temporary and total and permanent | ||||||
6 | disability
benefits, each employee receiving disability | ||||||
7 | benefits shall be granted
creditable service for the period | ||||||
8 | during which disability benefits are
payable. Normal and | ||||||
9 | survivor credits, based upon the rate of earnings
applied | ||||||
10 | for disability benefits, shall also be granted if such | ||||||
11 | credits
would result in a higher benefit to any such | ||||||
12 | employee or his
beneficiary.
| ||||||
13 | 4. For authorized leave of absence without pay: A | ||||||
14 | participating
employee shall be granted credits and | ||||||
15 | creditable service for periods of
authorized leave of | ||||||
16 | absence without pay under the following
conditions:
| ||||||
17 | a. An application for credits and creditable | ||||||
18 | service is submitted to the
board while the employee is | ||||||
19 | in a status of
active employment, and within 2 years | ||||||
20 | after termination of the
leave of absence period for | ||||||
21 | which credits and creditable service are
sought.
| ||||||
22 | b. Not more than 12 complete months of creditable | ||||||
23 | service
for authorized leave of absence without pay | ||||||
24 | shall be counted for purposes of
determining any | ||||||
25 | benefits payable under this Article.
| ||||||
26 | c. Credits and creditable service shall be granted | ||||||
27 | for leave of
absence only if such leave is approved by | ||||||
28 | the governing body of the
municipality, including | ||||||
29 | approval of the estimated cost thereof to the
| ||||||
30 | municipality as determined by the fund, and employee | ||||||
31 | contributions, plus
interest at the effective rate | ||||||
32 | applicable for each year from the end of
the period of | ||||||
33 | leave to date of payment, have been paid to the fund in
| ||||||
34 | accordance with Section 7-173. The contributions shall | ||||||
35 | be computed upon the
assumption earnings continued | ||||||
36 | during the period of leave at the rate in
effect when |
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| |||||||
1 | the leave began.
| ||||||
2 | d. Benefits under the provisions of Sections | ||||||
3 | 7-141, 7-146, 7-150
and 7-163 shall become payable to | ||||||
4 | employees on authorized leave of
absence, or their | ||||||
5 | designated beneficiary, only if such leave of absence
| ||||||
6 | is creditable hereunder, and if the employee has at | ||||||
7 | least one year of
creditable service other than the | ||||||
8 | service granted for leave of absence.
Any employee | ||||||
9 | contributions due may be deducted from any benefits
| ||||||
10 | payable.
| ||||||
11 | e. No credits or creditable service shall be | ||||||
12 | allowed for leave of
absence without pay during any | ||||||
13 | period of prior service.
| ||||||
14 | 5. For military service: The governing body of a | ||||||
15 | municipality or
participating instrumentality may elect to | ||||||
16 | allow creditable service to
participating employees who | ||||||
17 | leave their employment to serve in the armed
forces of the | ||||||
18 | United States for all periods of such service, provided
| ||||||
19 | that the person returns to active employment within 90 days | ||||||
20 | after
completion
of full time active duty, but no | ||||||
21 | creditable service shall be allowed such
person for any | ||||||
22 | period that can be used in the computation of a pension
or | ||||||
23 | any other pay or benefit, other than pay for active duty, | ||||||
24 | for service
in any branch of the armed forces of the United | ||||||
25 | States. If necessary to
the computation of any benefit, the | ||||||
26 | board shall establish municipality
credits for | ||||||
27 | participating employees under this paragraph on the
| ||||||
28 | assumption that the employee received earnings at the rate | ||||||
29 | received at
the time he left the employment to enter the | ||||||
30 | armed forces. A
participating employee in the armed forces | ||||||
31 | shall not be considered an
employee during such period of | ||||||
32 | service and no additional death and no
disability benefits | ||||||
33 | are payable for death or disability during such period.
| ||||||
34 | Any participating employee who left his employment | ||||||
35 | with a
municipality or participating instrumentality to | ||||||
36 | serve in the armed
forces of the United States and who |
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| |||||||
1 | again became a participating
employee within 90 days after | ||||||
2 | completion of full time active duty by
entering the service | ||||||
3 | of a different municipality or participating
| ||||||
4 | instrumentality, which has elected to allow creditable | ||||||
5 | service for
periods of military service under the preceding | ||||||
6 | paragraph, shall also be
allowed creditable service for his | ||||||
7 | period of military service on the
same terms that would | ||||||
8 | apply if he had been employed, before entering
military | ||||||
9 | service, by the municipality or instrumentality which | ||||||
10 | employed
him after he left the military service and the | ||||||
11 | employer costs arising in
relation to such grant of | ||||||
12 | creditable service shall be charged to and
paid by that | ||||||
13 | municipality or instrumentality.
| ||||||
14 | Notwithstanding the foregoing, any participating | ||||||
15 | employee
shall be entitled to creditable service as | ||||||
16 | required by any federal law
relating to re-employment | ||||||
17 | rights of persons who served in the United States
Armed | ||||||
18 | Services. Such creditable service shall be granted upon | ||||||
19 | payment by
the member of an amount equal to the employee | ||||||
20 | contributions which would
have been required had the | ||||||
21 | employee continued in service at the same
rate of earnings | ||||||
22 | during the military leave period, plus interest at
the | ||||||
23 | effective rate.
| ||||||
24 | 5.1. In addition to any creditable service established | ||||||
25 | under
paragraph 5 of this subsection (a), creditable | ||||||
26 | service may be granted for
up to 24 months of service in | ||||||
27 | the armed forces of the United States.
| ||||||
28 | In order to receive creditable service for military | ||||||
29 | service under this
paragraph 5.1, a participating employee | ||||||
30 | must (1) apply to the Fund
in writing and provide evidence | ||||||
31 | of the military service that is satisfactory
to the Board; | ||||||
32 | (2) obtain the written approval of the current employer; | ||||||
33 | and (3)
make contributions to the Fund equal to (i)
the | ||||||
34 | employee contributions that would have been required had | ||||||
35 | the service been
rendered as a member, plus (ii) an amount | ||||||
36 | determined by the board to be equal
to the employer's |
| |||||||
| |||||||
1 | normal cost of the benefits accrued for that military
| ||||||
2 | service, plus (iii) interest on items (i) and (ii) from the | ||||||
3 | date of first
membership in the Fund to the date of | ||||||
4 | payment. If payment is made during
the 6-month period that | ||||||
5 | begins 3 months after the effective date of this
amendatory | ||||||
6 | Act of 1997, the required interest shall be at the rate of | ||||||
7 | 2.5%
per year, compounded annually; otherwise, the | ||||||
8 | required interest shall be
calculated at the regular | ||||||
9 | interest rate.
| ||||||
10 | 6. For out-of-state service: Creditable service shall | ||||||
11 | be granted for
service rendered to an out-of-state local | ||||||
12 | governmental body under the
following conditions: The | ||||||
13 | employee had participated and has irrevocably
forfeited | ||||||
14 | all rights to benefits in the out-of-state public employees
| ||||||
15 | pension system; the governing body of his participating | ||||||
16 | municipality or
instrumentality authorizes the employee to | ||||||
17 | establish such service; the
employee has 2 years current | ||||||
18 | service with this municipality or
participating | ||||||
19 | instrumentality; the employee makes a payment of
| ||||||
20 | contributions, which shall be computed at 8% (normal) plus | ||||||
21 | 2% (survivor)
times length of service purchased times the | ||||||
22 | average rate of earnings for the
first 2
years of service | ||||||
23 | with the municipality or participating
instrumentality | ||||||
24 | whose governing body authorizes the service established
| ||||||
25 | plus interest at the effective rate on the date such | ||||||
26 | credits are
established, payable from the date the employee | ||||||
27 | completes the required 2
years of current service to date | ||||||
28 | of payment. In no case shall more than
120 months of | ||||||
29 | creditable service be granted under this provision.
| ||||||
30 | 7. For retroactive service: Any employee who could have | ||||||
31 | but did not
elect to become a participating employee, or | ||||||
32 | who should have been a
participant in the Municipal Public | ||||||
33 | Utilities Annuity and Benefit Fund
before that fund was | ||||||
34 | superseded, may receive creditable service for the
period | ||||||
35 | of service not to exceed 50 months; however, a current or | ||||||
36 | former
elected or appointed official of a participating |
| |||||||
| |||||||
1 | municipality may establish credit under this paragraph 7 | ||||||
2 | for more than 50
months of service as an official of that | ||||||
3 | municipality, if the excess over 50 months is approved by | ||||||
4 | resolution of the
governing body of the affected | ||||||
5 | municipality filed with
the Fund before January 1, 2002.
| ||||||
6 | Any employee who is a
participating employee on or | ||||||
7 | after September 24, 1981 and who was
excluded from | ||||||
8 | participation by the age restrictions removed by Public Act
| ||||||
9 | 82-596 may receive creditable service for the period, on or | ||||||
10 | after January
1, 1979, excluded by the age restriction and, | ||||||
11 | in addition, if the governing
body of the participating | ||||||
12 | municipality or participating instrumentality elects
to | ||||||
13 | allow creditable service for all employees excluded by the | ||||||
14 | age restriction
prior to January 1, 1979, for service | ||||||
15 | during the period prior to that date
excluded by the age | ||||||
16 | restriction. Any employee who was excluded from
| ||||||
17 | participation by the age restriction removed by Public Act | ||||||
18 | 82-596 and who is
not a participating employee on or after | ||||||
19 | September 24, 1981 may receive
creditable service for | ||||||
20 | service after January 1,
1979. Creditable service under | ||||||
21 | this paragraph
shall be granted upon payment of the | ||||||
22 | employee contributions
which would have been required had | ||||||
23 | he participated, with interest at the
effective rate for | ||||||
24 | each year from the end of the period of service
established | ||||||
25 | to date of payment.
| ||||||
26 | 8. For accumulated unused sick leave: A participating | ||||||
27 | employee who is
applying for a retirement annuity shall be | ||||||
28 | entitled to creditable service
for that portion of the | ||||||
29 | employee's accumulated unused sick leave
for which payment | ||||||
30 | is not received, as follows:
| ||||||
31 | a. Sick leave days shall be limited to those | ||||||
32 | accumulated under a sick
leave plan established by a | ||||||
33 | participating municipality or participating
| ||||||
34 | instrumentality which is available to all employees or | ||||||
35 | a class of employees.
| ||||||
36 | b. Only sick leave days accumulated with a |
| |||||||
| |||||||
1 | participating municipality or
participating | ||||||
2 | instrumentality with which the employee was in service | ||||||
3 | within
60 days of the effective date of his retirement | ||||||
4 | annuity shall be credited;
If the employee was in | ||||||
5 | service with more than one employer during this
period | ||||||
6 | only the sick leave days with the employer with which | ||||||
7 | the employee
has the greatest number of unpaid sick | ||||||
8 | leave days shall be considered.
| ||||||
9 | c. The creditable service granted shall be | ||||||
10 | considered solely for the
purpose of computing the | ||||||
11 | amount of the retirement annuity and shall not be
used | ||||||
12 | to establish any minimum service period required by any | ||||||
13 | provision of the
Illinois Pension Code, the effective | ||||||
14 | date of the retirement annuity, or the
final rate of | ||||||
15 | earnings.
| ||||||
16 | d. The creditable service shall be at the rate of | ||||||
17 | 1/20 of a month for
each full sick day, provided that | ||||||
18 | no more than 12 months may be credited
under this | ||||||
19 | subdivision 8.
| ||||||
20 | e. Employee contributions shall not be required | ||||||
21 | for creditable service
under this subdivision 8.
| ||||||
22 | f. Each participating municipality and | ||||||
23 | participating instrumentality
with which an employee | ||||||
24 | has service within 60 days of the effective date of
his | ||||||
25 | retirement annuity shall certify to the board the | ||||||
26 | number of accumulated
unpaid sick leave days credited | ||||||
27 | to the employee at the time of termination
of service.
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28 | 9. For service transferred from another system: | ||||||
29 | Credits and
creditable service shall be granted for service | ||||||
30 | under Article 3, 4, 5, 14
or 16 of this Act, to any active | ||||||
31 | member of this Fund, and to any
inactive member who has | ||||||
32 | been a county sheriff, upon
transfer of such credits | ||||||
33 | pursuant to Section 3-110.3, 4-108.3, 5-235,
14-105.6 or | ||||||
34 | 16-131.4, and payment by the member of the amount by
which | ||||||
35 | (1) the employer and employee contributions that would have | ||||||
36 | been required
if he had participated in this Fund as a |
| |||||||
| |||||||
1 | sheriff's law enforcement employee
during the period for | ||||||
2 | which credit is
being transferred, plus interest thereon at | ||||||
3 | the effective rate for each
year, compounded annually, from | ||||||
4 | the date of termination of the service for
which credit is | ||||||
5 | being transferred to the date of payment, exceeds (2) the
| ||||||
6 | amount actually transferred to the Fund.
Such transferred | ||||||
7 | service shall be deemed to be service as a sheriff's law
| ||||||
8 | enforcement employee for the purposes of Section 7-142.1.
| ||||||
9 | (b) Creditable service - amount:
| ||||||
10 | 1. One month of creditable service
shall be allowed for | ||||||
11 | each month for which a participating employee made
| ||||||
12 | contributions as required under Section 7-173, or for which | ||||||
13 | creditable
service is otherwise granted hereunder. Not | ||||||
14 | more than 1 month of
service shall be credited and counted | ||||||
15 | for 1 calendar month, and not more
than 1 year of service | ||||||
16 | shall be credited and counted for any calendar
year. A | ||||||
17 | calendar month means a nominal month beginning on the first | ||||||
18 | day
thereof, and a calendar year means a year beginning | ||||||
19 | January 1 and ending
December 31.
| ||||||
20 | 2. A seasonal employee shall be given 12 months of | ||||||
21 | creditable
service if he renders the number of months of | ||||||
22 | service normally required
by the position in a 12-month | ||||||
23 | period and he remains in service for the
entire 12-month | ||||||
24 | period. Otherwise a fractional year of service in the
| ||||||
25 | number of months of service rendered shall be credited.
| ||||||
26 | 3. An intermittent employee shall be given creditable | ||||||
27 | service for
only those months in which a contribution is | ||||||
28 | made under Section 7-173.
| ||||||
29 | (c) No application for correction of credits or creditable | ||||||
30 | service shall
be considered unless the board receives an | ||||||
31 | application for correction while
(1) the applicant is a | ||||||
32 | participating employee and in active employment
with a | ||||||
33 | participating municipality or instrumentality, or (2) while | ||||||
34 | the
applicant is actively participating in a pension fund or | ||||||
35 | retirement
system which is a participating system under the | ||||||
36 | Retirement Systems
Reciprocal Act. A participating employee or |
| |||||||
| |||||||
1 | other applicant shall not be
entitled to credits or creditable | ||||||
2 | service unless the required employee
contributions are made in | ||||||
3 | a lump sum or in installments made in accordance
with board | ||||||
4 | rule.
| ||||||
5 | (d) Upon the granting of a retirement, surviving spouse or | ||||||
6 | child
annuity, a death benefit or a separation benefit, on | ||||||
7 | account of any
employee, all individual accumulated credits | ||||||
8 | shall thereupon terminate.
Upon the withdrawal of additional | ||||||
9 | contributions, the credits applicable
thereto shall thereupon | ||||||
10 | terminate. Terminated credits shall not be applied
to increase | ||||||
11 | the benefits any remaining employee would otherwise receive | ||||||
12 | under
this Article.
| ||||||
13 | (Source: P.A. 91-887, eff. 7-6-00; 92-424, eff. 8-17-01.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|