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1 | AN ACT in relation to public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||
5 | Section 17-134
as follows:
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6 | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
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7 | Sec. 17-134. Contributions for leaves of absence; military | ||||||||||||||||||||||||||
8 | service;
computing service. In computing service for pension | ||||||||||||||||||||||||||
9 | purposes the following
periods of service shall stand in lieu | ||||||||||||||||||||||||||
10 | of a like number of years of teaching
service upon payment | ||||||||||||||||||||||||||
11 | therefor in the manner hereinafter provided: (a) time
spent on | ||||||||||||||||||||||||||
12 | a leave of absence granted by the
employer;
(b) service with | ||||||||||||||||||||||||||
13 | teacher or labor organizations based upon special
leaves of | ||||||||||||||||||||||||||
14 | absence therefor granted by an Employer; (c) a maximum of 5 | ||||||||||||||||||||||||||
15 | years
spent in the military service of the United States, of | ||||||||||||||||||||||||||
16 | which up to 2 years
may have been served outside the pension | ||||||||||||||||||||||||||
17 | period; (d) unused sick days at
termination of service to a | ||||||||||||||||||||||||||
18 | maximum of 315
244 days; (e) time lost due
to layoff and | ||||||||||||||||||||||||||
19 | curtailment of the school term from June 6 through June 21, | ||||||||||||||||||||||||||
20 | 1976;
and (f) time spent after June 30, 1982 as a member of the | ||||||||||||||||||||||||||
21 | Board of Education,
if required to resign from an | ||||||||||||||||||||||||||
22 | administrative or teaching position in order to
qualify as a | ||||||||||||||||||||||||||
23 | member of the Board of Education.
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24 | (1) For time spent on or after September 6, 1948 on | ||||||||||||||||||||||||||
25 | sabbatical
leaves of absence or sick leaves, for which | ||||||||||||||||||||||||||
26 | salaries are paid, an Employer
shall make payroll | ||||||||||||||||||||||||||
27 | deductions at the applicable rates in effect
during such | ||||||||||||||||||||||||||
28 | periods.
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29 | (2) For time spent on a leave of absence granted by | ||||||||||||||||||||||||||
30 | the employer for which
no salaries are paid,
teachers | ||||||||||||||||||||||||||
31 | desiring credit therefor shall pay the required | ||||||||||||||||||||||||||
32 | contributions at the
rates in effect during such periods as |
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1 | though they were in teaching service.
If an Employer pays | ||||||
2 | salary for vacations which occur during a teacher's sick
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3 | leave or maternity or paternity leave without salary, | ||||||
4 | vacation pay for which
the teacher would have qualified | ||||||
5 | while in active service shall be considered
part of the | ||||||
6 | teacher's total salary for pension purposes. No more than | ||||||
7 | 36 months of leave credit may be
allowed any person during | ||||||
8 | the entire term of service. Sabbatical leave credit
shall | ||||||
9 | be limited to the time the person on leave without salary | ||||||
10 | under an
Employer's rules is allowed to engage in an | ||||||
11 | activity for which he receives
salary or compensation.
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12 | (3) For time spent prior to September 6, 1948, on | ||||||
13 | sabbatical
leaves of absence or sick leaves for which | ||||||
14 | salaries were paid, teachers
desiring service credit | ||||||
15 | therefor shall pay the required contributions at the
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16 | maximum applicable rates in effect during such periods.
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17 | (4) For service with teacher or labor organizations | ||||||
18 | authorized by special
leaves of absence, for which no | ||||||
19 | payroll deductions are made by an Employer,
teachers | ||||||
20 | desiring service credit therefor shall contribute to the | ||||||
21 | Fund upon
the basis of the actual salary received from such | ||||||
22 | organizations at the
percentage rates in effect during such | ||||||
23 | periods for certified positions with
such Employer. To the | ||||||
24 | extent the actual salary exceeds the regular salary,
which | ||||||
25 | shall be defined as the salary rate, as calculated by the | ||||||
26 | Board, in
effect for the teacher's regular position in | ||||||
27 | teaching service on September 1,
1983 or on the effective | ||||||
28 | date of the leave with the organization, whichever is
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29 | later, the organization shall pay to the Fund the | ||||||
30 | employer's normal cost as set
by the Board on the | ||||||
31 | increment.
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32 | (5) For time spent in the military service, teachers | ||||||
33 | entitled to and
desiring credit therefor shall contribute | ||||||
34 | the amount required for each year
of service or fraction | ||||||
35 | thereof at the rates in force (a) at the date of
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36 | appointment, or (b) on return to teaching service as a |
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1 | regularly certified
teacher, as the case may be; provided | ||||||
2 | such rates shall not be less than $450
per year of service. | ||||||
3 | These conditions shall apply unless an Employer elects
to | ||||||
4 | and does pay into the Fund the amount which would have been | ||||||
5 | due from such
person had he been employed as a teacher | ||||||
6 | during such time. In the case of
credit for military | ||||||
7 | service not during the pension period, the teacher must
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8 | also pay to the Fund an amount determined by the Board to | ||||||
9 | be equal to the
employer's normal cost of the benefits | ||||||
10 | accrued from such service, plus interest
thereon at 5% per | ||||||
11 | year, compounded annually, from the date of appointment to
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12 | the date of payment.
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13 | The changes to this Section made by Public Act 87-795 | ||||||
14 | shall apply
not only to persons who on or after its | ||||||
15 | effective
date are in service under the Fund, but also to | ||||||
16 | persons whose status as a
teacher terminated prior to that | ||||||
17 | date, whether or not the person is an
annuitant on that | ||||||
18 | date. In the case of an annuitant who applies for credit
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19 | allowable under this Section for a period of military | ||||||
20 | service that did not
immediately follow employment, and who | ||||||
21 | has made the required contributions for
such credit, the | ||||||
22 | annuity shall be recalculated to include the additional
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23 | service credit, with the increase taking effect on the date | ||||||
24 | the Fund received
written notification of the annuitant's | ||||||
25 | intent to purchase the credit, if
payment of all the | ||||||
26 | required contributions is made within 60 days of such
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27 | notice, or else on the first annuity payment date following | ||||||
28 | the date of
payment of the required contributions. In | ||||||
29 | calculating the automatic annual
increase for an annuity | ||||||
30 | that has been recalculated under this Section, the
increase | ||||||
31 | attributable to the additional service allowable under | ||||||
32 | this
amendatory Act of 1991 shall be included in the | ||||||
33 | calculation of automatic
annual increases accruing after | ||||||
34 | the effective date of the recalculation.
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35 | The total credit for military service shall not exceed | ||||||
36 | 5 years, except
that any teacher who on July 1, 1963, had |
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1 | validated credit for more than 5
years of military service | ||||||
2 | shall be entitled to the total amount of such credit.
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3 | (6) A maximum of 315
244 unused sick days credited to | ||||||
4 | his account
by an Employer on the date of termination of | ||||||
5 | employment. Members, upon
verification of unused sick | ||||||
6 | days, may add this service time to total creditable
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7 | service.
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8 | (7) In all cases where time spent on leave is | ||||||
9 | creditable and
no payroll deductions therefor are made by | ||||||
10 | an Employer, persons
desiring service credit shall make the | ||||||
11 | required contributions directly to
the Fund.
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12 | (8) For time lost without pay due to layoff and | ||||||
13 | curtailment of
the school term from June 6 through June 21, | ||||||
14 | 1976, as provided in item (e) of
the first paragraph of | ||||||
15 | this Section, persons who were contributors on
the days | ||||||
16 | immediately preceding such layoff shall receive credit | ||||||
17 | upon
paying to the Fund a contribution based on the rates | ||||||
18 | of compensation and
employee contributions in effect at the | ||||||
19 | time of such layoff, together
with an additional amount | ||||||
20 | equal to 12.2% of the compensation computed
for such period | ||||||
21 | of layoff, plus interest on the entire amount at 5% per
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22 | annum from January 1, 1978 to the date of payment. If such | ||||||
23 | contribution
is paid, salary for pension purposes for any | ||||||
24 | year in which such a layoff
occurred shall include the | ||||||
25 | compensation recognized for purposes of
computing that | ||||||
26 | contribution.
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27 | (9) For time spent after June 30, 1982, as a | ||||||
28 | nonsalaried member
of the Board of Education, if required | ||||||
29 | to resign from an administrative or
teaching position in | ||||||
30 | order to qualify as a member of the Board of
Education, an | ||||||
31 | administrator or teacher desiring credit therefor shall | ||||||
32 | pay
the required contributions at the rates and salaries in | ||||||
33 | effect during such
periods as though the member were in | ||||||
34 | service.
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35 | Effective September 1, 1974, the interest charged for | ||||||
36 | validation of
service described in paragraphs (2) through (5) |
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1 | of this Section shall be
compounded annually at a rate of 5% | ||||||
2 | commencing one
year after the termination of the leave or | ||||||
3 | return to service.
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4 | (Source: P.A. 92-599, eff. 6-28-02.)
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5 | Section 90. The State Mandates Act is amended by adding | ||||||
6 | Section 8.28 as
follows:
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7 | (30 ILCS 805/8.28 new)
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8 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
9 | of this
Act, no reimbursement by the State is required for the | ||||||
10 | implementation of
any mandate created by this amendatory Act of | ||||||
11 | the 93rd General Assembly.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law. |