093_HB1361
LRB093 07351 LRD 07513 b
1 AN ACT in relation to public employee benefits.
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
5 changing Section 9-219 as follows:
6 (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
7 Sec. 9-219. Computation of service.
8 (1) In computing the term of service of an employee
9 prior to the effective date, the entire period beginning on
10 the date he was first appointed and ending on the day before
11 the effective date, except any intervening period during
12 which he was separated by withdrawal from service, shall be
13 counted for all purposes of this Article.
14 (2) In computing the term of service of any employee on
15 or after the effective date, the following periods of time
16 shall be counted as periods of service for age and service,
17 widow's and child's annuity purposes:
18 (a) The time during which he performed the duties
19 of his position.
20 (b) Vacations, leaves of absence with whole or part
21 pay, and leaves of absence without pay not longer than 90
22 days.
23 (c) For an employee who is a member of a county
24 police department or a correctional officer with the
25 county department of corrections, approved leaves of
26 absence without pay during which the employee serves as a
27 full-time officer or employee of an employee association,
28 the membership of which consists of other participants in
29 the Fund, provided that the employee contributes to the
30 Fund (1) the amount that he would have contributed had he
31 remained an active employee in the position he occupied
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1 at the time the leave of absence was granted, (2) an
2 amount calculated by the Board representing employer
3 contributions, and (3) regular interest thereon from the
4 date of service to the date of payment. However, if the
5 employee's application to establish credit under this
6 subsection is received by the Fund on or after July 1,
7 2003 2000 and before July 1, 2004 2000, the amount
8 representing employer contributions specified in item (2)
9 shall be waived.
10 For a former member of a county police department
11 who has received a refund under Section 9-164, periods
12 during which the employee serves as head of an employee
13 association, the membership of which consists of other
14 police officers, provided that the employee contributes
15 to the Fund (1) the amount that he would have contributed
16 had he remained an active member of the county police
17 department in the position he occupied at the time he
18 left service, (2) an amount calculated by the Board
19 representing employer contributions, and (3) regular
20 interest thereon from the date of service to the date of
21 payment. However, if the former member of the county
22 police department retires on or after January 1, 1993 but
23 no later than March 1, 1993, the amount representing
24 employer contributions specified in item (2) shall be
25 waived.
26 (d) Any period of disability for which he received
27 disability benefit or whole or part pay.
28 (e) Accumulated vacation or other time for which an
29 employee who retires on or after November 1, 1990
30 receives a lump sum payment at the time of retirement,
31 provided that contributions were made to the fund at the
32 time such lump sum payment was received. The service
33 granted for the lump sum payment shall not change the
34 employee's date of withdrawal for computing the effective
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1 date of the annuity.
2 (f) An employee may receive service credit for
3 annuity purposes for accumulated sick leave as of the
4 date of the employee's withdrawal from service, not to
5 exceed a total of 180 days, provided that the amount of
6 such accumulated sick leave is certified by the County
7 Comptroller to the Board and the employee pays an amount
8 equal to 8.5% (9% for members of the County Police
9 Department who are eligible to receive an annuity under
10 Section 9-128.1) of the amount that would have been paid
11 had such accumulated sick leave been paid at the
12 employee's final rate of salary. Such payment shall be
13 made within 30 days after the date of withdrawal and
14 prior to receipt of the first annuity check. The service
15 credit granted for such accumulated sick leave shall not
16 change the employee's date of withdrawal for the purpose
17 of computing the effective date of the annuity.
18 (3) In computing the term of service of an employee on
19 or after the effective date for ordinary disability benefit
20 purposes, the following periods of time shall be counted as
21 periods of service:
22 (a) Unless otherwise specified in Section 9-157,
23 the time during which he performed the duties of his
24 position.
25 (b) Paid vacations and leaves of absence with whole
26 or part pay.
27 (c) Any period for which he received duty
28 disability benefit.
29 (d) Any period of disability for which he received
30 whole or part pay.
31 (4) For an employee who on January 1, 1958, was
32 transferred by Act of the 70th General Assembly from his
33 position in a department of welfare of any city located in
34 the county in which this Article is in force and effect to a
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1 similar position in a department of such county, service
2 shall also be credited for ordinary disability benefit and
3 child's annuity for such period of department of welfare
4 service during which period he was a contributor to a
5 statutory annuity and benefit fund in such city and for which
6 purposes service credit would otherwise not be credited by
7 virtue of such involuntary transfer.
8 (5) An employee described in subsection (e) of Section
9 9-108 shall receive credit for child's annuity and ordinary
10 disability benefit for the period of time for which he was
11 credited with service in the fund from which he was
12 involuntarily separated through class or group transfer;
13 provided, that no such credit shall be allowed to the extent
14 that it results in a duplication of credits or benefits, and
15 neither shall such credit be allowed to the extent that it
16 was or may be forfeited by the application for and acceptance
17 of a refund from the fund from which the employee was
18 transferred.
19 (6) Overtime or extra service shall not be included in
20 computing service. Not more than 1 year of service shall be
21 allowed for service rendered during any calendar year.
22 (Source: P.A. 92-599, eff. 6-28-02.)
23 Section 90. The State Mandates Act is amended by adding
24 Section 8.27 as follows:
25 (30 ILCS 805/8.27 new)
26 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
27 and 8 of this Act, no reimbursement by the State is required
28 for the implementation of any mandate created by this
29 amendatory Act of the 93rd General Assembly.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.