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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by | ||||||||||||||||||||||||
5 | changing Section
14-104 as follows:
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6 | (40 ILCS 5/14-104)
(from Ch. 108 1/2, par. 14-104)
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7 | Sec. 14-104. Service for which contributions permitted. | ||||||||||||||||||||||||
8 | Contributions provided for in this Section shall cover the | ||||||||||||||||||||||||
9 | period of
service granted. Except as otherwise provided in this | ||||||||||||||||||||||||
10 | Section, the
contributions shall be based upon the employee's | ||||||||||||||||||||||||
11 | compensation and
contribution rate in effect on the date he | ||||||||||||||||||||||||
12 | last became a member of the
System; provided that for all | ||||||||||||||||||||||||
13 | employment prior to January 1, 1969 the
contribution rate shall | ||||||||||||||||||||||||
14 | be that in effect for a noncovered employee on
the date he last | ||||||||||||||||||||||||
15 | became a member of the System. Except as otherwise provided
in | ||||||||||||||||||||||||
16 | this Section, contributions permitted under this Section shall | ||||||||||||||||||||||||
17 | include
regular interest from the date an employee last became | ||||||||||||||||||||||||
18 | a member of the System
to the date of payment.
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19 | These contributions must be paid in full before retirement | ||||||||||||||||||||||||
20 | either in
a lump sum or in installment payments in accordance | ||||||||||||||||||||||||
21 | with such rules as
may be adopted by the board.
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22 | (a) Any member may make contributions as required in this | ||||||||||||||||||||||||
23 | Section
for any period of service, subsequent to the date of | ||||||||||||||||||||||||
24 | establishment, but
prior to the date of membership.
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25 | (b) Any employee who had been previously excluded from | ||||||||||||||||||||||||
26 | membership
because of age at entry and subsequently became | ||||||||||||||||||||||||
27 | eligible may elect to
make contributions as required in this | ||||||||||||||||||||||||
28 | Section for the period of service
during which he was | ||||||||||||||||||||||||
29 | ineligible.
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30 | (c) An employee of the Department of Insurance who, after | ||||||||||||||||||||||||
31 | January 1,
1944 but prior to becoming eligible for membership, | ||||||||||||||||||||||||
32 | received salary from
funds of insurance companies in the |
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1 | process of rehabilitation,
liquidation, conservation or | ||||||
2 | dissolution, may elect to make
contributions as required in | ||||||
3 | this Section for such service.
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4 | (d) Any employee who rendered service in a State office to | ||||||
5 | which he
was elected, or rendered service in the elective | ||||||
6 | office of Clerk of the
Appellate Court prior to the date he | ||||||
7 | became a member, may make
contributions for such service as | ||||||
8 | required in this Section. Any member
who served by appointment | ||||||
9 | of the Governor under the Civil Administrative
Code of Illinois | ||||||
10 | and did not participate in this System may make
contributions | ||||||
11 | as required in this Section for such service.
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12 | (e) Any person employed by the United States government or | ||||||
13 | any
instrumentality or agency thereof from January 1, 1942 | ||||||
14 | through November
15, 1946 as the result of a transfer from | ||||||
15 | State service by executive
order of the President of the United | ||||||
16 | States shall be entitled to prior
service credit covering the | ||||||
17 | period from January 1, 1942 through December
31, 1943 as | ||||||
18 | provided for in this Article and to membership service
credit | ||||||
19 | for the period from January 1, 1944 through November 15, 1946 | ||||||
20 | by
making the contributions required in this Section. A person | ||||||
21 | so employed
on January 1, 1944 but whose employment began after | ||||||
22 | January 1, 1942 may
qualify for prior service and membership | ||||||
23 | service credit under the same
conditions.
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24 | (f) An employee of the Department of Labor of the State of | ||||||
25 | Illinois who
performed services for and under the supervision | ||||||
26 | of that Department
prior to January 1, 1944 but who was | ||||||
27 | compensated for those services
directly by federal funds and | ||||||
28 | not by a warrant of the Auditor of Public
Accounts paid by the | ||||||
29 | State Treasurer may establish credit for such
employment by | ||||||
30 | making the contributions required in this Section. An
employee | ||||||
31 | of the Department of Agriculture of the State of Illinois, who
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32 | performed services for and under the supervision of that | ||||||
33 | Department
prior to June 1, 1963, but was compensated for those | ||||||
34 | services directly
by federal funds and not paid by a warrant of | ||||||
35 | the Auditor of Public
Accounts paid by the State Treasurer, and | ||||||
36 | who did not contribute to any
other public employee retirement |
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1 | system for such service, may establish
credit for such | ||||||
2 | employment by making the contributions required in this
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3 | Section.
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4 | (g) Any employee who executed a waiver of membership within
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5 | 60 days prior to January 1, 1944 may, at any time while in the | ||||||
6 | service of a
department, file with the board a rescission of | ||||||
7 | such waiver. Upon
making the contributions required by this | ||||||
8 | Section, the member shall be
granted the creditable service | ||||||
9 | that would have been received if the
waiver had not been | ||||||
10 | executed.
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11 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
12 | full-time
basis by a regional planning commission for at least | ||||||
13 | 5 continuous years may
establish creditable service for such | ||||||
14 | employment by making the
contributions required under this | ||||||
15 | Section, provided that any credits earned
by the employee in | ||||||
16 | the commission's retirement plan have been terminated.
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17 | (i) Any person who rendered full time contractual services | ||||||
18 | to the General
Assembly as a member of a legislative staff may | ||||||
19 | establish service credit for up
to 8 years of such services by | ||||||
20 | making the contributions required under this
Section, provided | ||||||
21 | that application therefor is made not later than July 1,
1991.
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22 | (j) By paying the contributions otherwise required under | ||||||
23 | this Section,
plus an amount determined by the Board to be | ||||||
24 | equal to the employer's normal
cost of the benefit plus | ||||||
25 | interest, but with all of the interest calculated
from the date | ||||||
26 | the employee last became a member of the System or November 19,
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27 | 1991, whichever is later, to the date of payment, an employee | ||||||
28 | may establish
service credit
for a period of up to 2 years | ||||||
29 | spent in active military service for which he
does not qualify | ||||||
30 | for credit under Section 14-105, provided that (1) he was
not | ||||||
31 | dishonorably discharged from such military service, and (2) the | ||||||
32 | amount
of service credit established by a member under this | ||||||
33 | subsection (j), when
added to the amount of military service | ||||||
34 | credit granted to the member under
subsection (b) of Section | ||||||
35 | 14-105, shall not exceed 5 years. The change
in the manner of | ||||||
36 | calculating interest under this subsection (j) made by this
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1 | amendatory Act of the 92nd General Assembly applies to credit | ||||||
2 | purchased by an
employee on or after its effective date and | ||||||
3 | does not entitle any person to a
refund of contributions or | ||||||
4 | interest already paid.
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5 | (k) An employee who was employed on a full-time basis by | ||||||
6 | the Illinois
State's Attorneys Association Statewide Appellate | ||||||
7 | Assistance Service
LEAA-ILEC grant project prior to the time | ||||||
8 | that project became the State's
Attorneys Appellate Service | ||||||
9 | Commission, now the Office of the State's
Attorneys Appellate | ||||||
10 | Prosecutor, an agency of State government, may
establish | ||||||
11 | creditable service for not more than 60 months service for
such | ||||||
12 | employment by making contributions required under this | ||||||
13 | Section.
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14 | (k-2) An employee who was employed on a full-time basis at | ||||||
15 | any time
between January 1, 1970 and December 31, 1980 by a | ||||||
16 | regional commission funded
by the Illinois Law Enforcement | ||||||
17 | Commission under an LEAA-ILEC grant project
may establish | ||||||
18 | creditable service for all or any portion of that employment by
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19 | making the contributions required under this Section.
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20 | (l) By paying the contributions otherwise required under | ||||||
21 | this Section,
plus an amount determined by the Board to be | ||||||
22 | equal to the employer's normal
cost of the benefit plus | ||||||
23 | interest, a member may establish service credit
for periods of | ||||||
24 | less than one year spent on authorized leave of absence from
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25 | service, provided that (1) the period of leave began on or | ||||||
26 | after January 1,
1982 and (2) any credit established by the | ||||||
27 | member for the period of leave in
any other public employee | ||||||
28 | retirement system has been terminated. A member
may establish | ||||||
29 | service credit under this subsection for more than one period
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30 | of authorized leave, and in that case the total period of | ||||||
31 | service credit
established by the member under this subsection | ||||||
32 | may exceed one year. In
determining the contributions required | ||||||
33 | for establishing service credit under
this subsection, the | ||||||
34 | interest shall be calculated from the beginning of the
leave of | ||||||
35 | absence to the date of payment.
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36 | (m) Any person who rendered contractual services to a |
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1 | member of
the General Assembly as a worker in the member's | ||||||
2 | district office may establish
creditable service for up to 3 | ||||||
3 | years of those contractual services by making
the contributions | ||||||
4 | required under this Section. The System shall determine a
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5 | full-time salary equivalent for the purpose of calculating the | ||||||
6 | required
contribution. To establish credit under this | ||||||
7 | subsection, the applicant must
apply to the System by March 1, | ||||||
8 | 1998.
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9 | (n) Any person who rendered contractual services to a | ||||||
10 | member of
the General Assembly as a worker providing | ||||||
11 | constituent services to persons in
the member's district may | ||||||
12 | establish
creditable service for up to 8 years of those | ||||||
13 | contractual services by making
the contributions required | ||||||
14 | under this Section. The System shall determine a
full-time | ||||||
15 | salary equivalent for the purpose of calculating the required
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16 | contribution. To establish credit under this subsection, the | ||||||
17 | applicant must
apply to the System by March 1, 1998.
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18 | (o) A member who participated in the Illinois Legislative | ||||||
19 | Staff
Internship Program may establish creditable service for | ||||||
20 | up to one year
of that participation by making the contribution | ||||||
21 | required under this Section.
The System shall determine a | ||||||
22 | full-time salary equivalent for the purpose of
calculating the | ||||||
23 | required contribution. Credit may not be established under
this | ||||||
24 | subsection for any period for which service credit is | ||||||
25 | established under
any other provision of this Code.
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26 | (Source: P.A. 92-54, eff. 7-12-01.)
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27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.
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