093_HB3185

 
                                     LRB093 07925 EFG 08116 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 15-113.3 as follows:

 6        (40 ILCS 5/15-113.3) (from Ch. 108 1/2, par. 15-113.3)
 7        Sec.  15-113.3.  Service for periods of military service.
 8    "Service for periods of military  service":   Those  periods,
 9    not  exceeding  5  years, during which a person served in the
10    armed forces of the United States, of which all but  2  years
11    must have immediately followed a period of employment with an
12    employer under this System or the State Employees' Retirement
13    System  of  Illinois;  provided  that  the  person received a
14    discharge  other  than  dishonorable  and  again  became   an
15    employee  under  this System within one year after discharge.
16    However, for the up  to  2  years  of  military  service  not
17    immediately  following  employment,  the  applicant must make
18    contributions to the System (1)  at  the  rates  provided  in
19    Section  15-157  based upon the employee's basic compensation
20    on the last date as a participating employee  prior  to  such
21    military  service,  or  on  the first date as a participating
22    employee after such military service, whichever  is  greater,
23    plus (2) an amount determined by the board to be equal to the
24    employer's  normal  cost  of  the  benefits  accrued for such
25    military service, plus (3) interest on items (1) and  (2)  at
26    the  effective  rate  from  the  later  of  the date of first
27    membership in  the  System  or  the  date  of  conclusion  of
28    military  service to the date of payment.  The changes change
29    in the required contribution for  purchased  military  credit
30    made  by  Public  Act  87-1265 and this amendatory Act of the
31    93rd General Assembly do 1993 does not entitle any person  to
 
                            -2-      LRB093 07925 EFG 08116 b
 1    a refund of contributions already paid.
 2        The  changes  to  this  Section made by Public Act 87-794
 3    this amendatory Act of 1991 shall apply not only  to  persons
 4    who  on  or after its effective date are in service under the
 5    System, but also to persons whose employment terminated prior
 6    to that date, whether or not the person is  an  annuitant  on
 7    that  date.   In  the  case  of  an annuitant who applies for
 8    credit allowable under this Section for a period of  military
 9    service  that  did not immediately follow employment, and who
10    has made the required  contributions  for  such  credit,  the
11    annuity  shall  be  recalculated  to  include  the additional
12    service credit, with the increase taking effect on  the  date
13    the  System  received written notification of the annuitant's
14    intent to purchase the credit, if payment of all the required
15    contributions is made within 60 days of such notice, or  else
16    on  the  first  annuity  payment  date  following the date of
17    payment of the required contributions.   In  calculating  the
18    automatic  annual  increase  for  an  annuity  that  has been
19    recalculated under this Section, the increase attributable to
20    the additional service allowable under this amendatory Act of
21    1991 shall be included in the calculation of automatic annual
22    increases  accruing  after  the   effective   date   of   the
23    recalculation.
24    (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.