093_HB2139
LRB093 07359 LRD 07521 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 18-112 as follows:
6 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
7 Sec. 18-112. Service. "Service": The period beginning
8 on the day a person first became a judge, whether prior or
9 subsequent to the effective date, and ending on the date
10 under consideration, excluding all intervening periods during
11 which he or she was not a judge following resignation or
12 expiration of any term of election or appointment.
13 Service also includes the following:
14 (a) Any period prior to January 1, 1964 during
15 which a judge served as a justice of the peace, police
16 magistrate or master in chancery, or as a civil referee,
17 commissioner or trial assistant to the chief judge in the
18 Municipal Court of Chicago, or performed judicial duties
19 as an assistant to the judge of the Probate Court of Cook
20 County. A judge shall be entitled to credit for all or
21 as much as the judge may desire of such service, not
22 exceeding 8 years, upon payment of the participant's
23 contribution covering such service at the contribution
24 rates in effect on July 1, 1969, together with interest
25 at 4% per annum compounded annually, from the dates the
26 service was rendered to the date of payment, provided
27 credit for such service had not been granted in any
28 public pension fund or retirement system in the State.
29 The required contributions shall be based upon the rate
30 of salary in effect for the judge on the date he or she
31 entered the system or on January 1, 1964, whichever is
-2- LRB093 07359 LRD 07521 b
1 later.
2 (b) Service rendered after January 1, 1964, as a
3 holdover magistrate or master in chancery of the Circuit
4 Court. A judge shall be entitled to credit for any
5 period of such service, not exceeding a total of 8 years,
6 together with the period of service taken into account in
7 paragraph (a). Service credit under this paragraph is
8 subject to the same contribution requirements and other
9 limitations that are prescribed for service credit under
10 paragraph (a).
11 (c) Any period that a participant served as a
12 member of the General Assembly, subject to the following
13 conditions:
14 (1) He or she has been a participant in this
15 system for at least 4 years and has contributed to
16 the system for service rendered as a member of the
17 General Assembly subsequent to November 1, 1941, at
18 the contribution rates in effect for a judge on the
19 date of becoming a participant, including interest
20 at 3% per annum compounded annually from the date
21 such service was rendered to the date of payment,
22 based on the salary in effect during such period of
23 service; and
24 (2) The participant is not entitled to credit
25 for such service in any other public retirement
26 system in the State.
27 (d) Any period a participant served as a judge or
28 commissioner of the Court of Claims of this State after
29 November 1, 1941, provided he or she contributes to the
30 system at the contribution rates in effect on the date of
31 becoming a participant, based on salary received during
32 such service, including interest at 3% per annum
33 compounded annually from the date such service was
34 rendered to the date of payment.
-3- LRB093 07359 LRD 07521 b
1 (e) Any period that a participant served as State's
2 Attorney or Public Defender of any county of this State,
3 subject to the following conditions: (1) such service was
4 not credited under any public pension fund or retirement
5 system; (2) the maximum service to be credited in this
6 system shall be 8 years; (3) the participant must have at
7 least 6 years of service as a judge and as a participant
8 of this system; and (4) the participant has made
9 contributions to the system for such service at the
10 contribution rates in effect on the date of becoming a
11 participant in this system based upon the salary of the
12 judge on such date, including interest at 4% per annum
13 compounded annually from such date to the date of
14 payment.
15 A judge who terminated service before January 26,
16 1988 and whose retirement annuity began after January 1,
17 1988 may establish credit for service as a Public
18 Defender in accordance with the other provisions of this
19 subsection by making application and paying the required
20 contributions to the Board not later than 30 days after
21 August 23, 1989. In such cases, the Board shall
22 recalculate the retirement annuity, effective on the
23 first day of the next calendar month beginning at least
24 30 days after the application is received.
25 (e-1) Any period that a participant served as
26 Special Assistant State's Attorney of any county of this
27 State, subject to the following conditions: (1) such
28 service was not credited under any public pension fund or
29 retirement system; (2) the amount of service established
30 under this subdivision (e-1) shall not exceed 3 years;
31 (3) the participant must have at least 6 years of service
32 as a judge and as a participant of this System; and (4)
33 the participant must make contributions to the System for
34 the service to be established, based upon the
-4- LRB093 07359 LRD 07521 b
1 contribution rates in effect on the date of becoming a
2 participant in this System and the salary of the judge on
3 that date, including interest at 4% per annum, compounded
4 annually, from that date to the date of payment.
5 (f) Any period as a participating policeman,
6 employee or teacher under Article 5, 14 or 16 of this
7 Code, subject to the following conditions: (1) the
8 credits accrued under Article 5, 14 or 16 have been
9 transferred to this system; and (2) the participant has
10 contributed to the system an amount equal to (A)
11 contributions at the rate in effect for participants at
12 the date of membership in this system based upon the
13 salary of the judge on such date, (B) the employer's
14 share of the normal cost under this system for each year
15 that credit is being established, based on the salary in
16 effect at the date of membership in this system, and (C)
17 interest at 6% per annum, compounded annually, from the
18 date of membership to the date of payment; less (D) the
19 amount transferred on behalf of the participant from
20 Article 5, 14 or 16.
21 (g) Any period that a participant served as the
22 Administrative Director of the Circuit Court of Cook
23 County, as Executive Director of the Home Rule
24 Commission, as assistant corporation counsel in the
25 Chicago Law Department, or as an employee of the Cook
26 County Treasurer, subject to the following conditions:
27 (1) the maximum amount of such service which may be
28 credited is 10 years; (2) in order to qualify for such
29 credit in this system, a judge must have at least 6 years
30 of service as a judge and participant of this system; (3)
31 the last 6 years of service credited in this system shall
32 be as a judge and a participant in this system; (4)
33 credits accrued to the participant under any other public
34 pension fund or public retirement system in the State, if
-5- LRB093 07359 LRD 07521 b
1 any, by reason of the service to be established under
2 this paragraph (g) has been transferred to this system;
3 and (5) the participant has contributed to this system
4 the amount, if any, by which the amount transferred
5 pursuant to subdivision (4) of this paragraph, if any, is
6 less than the amount which the participant would have
7 contributed to the system during the period of time being
8 counted as service under this paragraph had the
9 participant been a judge participating in this system
10 during that time, based on the rate of contribution in
11 effect and the salary earned by the participant on the
12 date he or she became a participant, with interest
13 accruing on such deficiency at a rate of 5% per annum
14 from the date he or she became a participant through the
15 date on which such deficiency is paid.
16 (h) Any period that a participant served as a
17 full-time attorney employed by the Chicago Transit
18 Authority created by the Metropolitan Transit Authority
19 Act, subject to the following conditions: (1) any credit
20 received for such service in the pension fund established
21 under Section 22-101 has been terminated; (2) the maximum
22 amount of such service to be credited in this system
23 shall be 10 years; (3) the participant must have at least
24 6 years of service as a judge and as a participant of
25 this system; and (4) the participant has made
26 contributions to the system for such service at the
27 contribution rates in effect on the date of becoming a
28 participant in this system based upon the salary of the
29 judge on such date, including interest at 5% per annum
30 compounded annually from such date to the date of
31 payment.
32 (i) Any period during which a participant received
33 temporary total disability benefit payments, as provided
34 in Section 18-126.1.
-6- LRB093 07359 LRD 07521 b
1 Service during a fraction of a month shall be considered
2 a month of service, but no more than one month of service
3 shall be credited for all service during any calendar month.
4 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.