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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 15-107
as follows:
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6 | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
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7 | Sec. 15-107. Employee.
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8 | (a) "Employee" means any member of the educational, | ||||||||||||||||||||||||
9 | administrative,
secretarial, clerical, mechanical, labor or | ||||||||||||||||||||||||
10 | other staff of an employer
whose employment is permanent and | ||||||||||||||||||||||||
11 | continuous or who is employed in a
position in which services | ||||||||||||||||||||||||
12 | are expected to be rendered on a continuous
basis for at least | ||||||||||||||||||||||||
13 | 4 months or one academic term, whichever is less, who
(A) | ||||||||||||||||||||||||
14 | receives payment for personal services on a warrant issued | ||||||||||||||||||||||||
15 | pursuant to
a payroll voucher certified by an employer and | ||||||||||||||||||||||||
16 | drawn by the State
Comptroller upon the State Treasurer or by | ||||||||||||||||||||||||
17 | an employer upon trust, federal
or other funds, or (B) is on a | ||||||||||||||||||||||||
18 | leave of absence without pay. Employment
which is irregular, | ||||||||||||||||||||||||
19 | intermittent or temporary shall not be considered
continuous | ||||||||||||||||||||||||
20 | for purposes of this paragraph.
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21 | However, a person is not an "employee" if he or she:
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22 | (1) is a student enrolled in and regularly attending | ||||||||||||||||||||||||
23 | classes in a
college or university which is an employer, | ||||||||||||||||||||||||
24 | and is employed on a temporary
basis at less than full | ||||||||||||||||||||||||
25 | time;
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26 | (2) is currently receiving a retirement annuity or a | ||||||||||||||||||||||||
27 | disability
retirement annuity under Section 15-153.2 from | ||||||||||||||||||||||||
28 | this System;
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29 | (3) is on a military leave of absence;
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30 | (4) is eligible to participate in the Federal Civil | ||||||||||||||||||||||||
31 | Service Retirement
System and is currently making | ||||||||||||||||||||||||
32 | contributions to that system based upon
earnings paid by an |
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1 | employer;
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2 | (5) is on leave of absence without pay for more than 60 | ||||||
3 | days
immediately following termination of disability | ||||||
4 | benefits under this
Article;
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5 | (6) is hired after June 30, 1979 as a public service | ||||||
6 | employment program
participant under the Federal | ||||||
7 | Comprehensive Employment and Training Act
and receives | ||||||
8 | earnings in whole or in part from funds provided under that
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9 | Act; or
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10 | (7) is employed on or after July 1, 1991 to perform | ||||||
11 | services that
are excluded by subdivision (a)(7)(f) or | ||||||
12 | (a)(19) of Section 210 of the
federal Social Security Act | ||||||
13 | from the definition of employment given in that
Section (42 | ||||||
14 | U.S.C. 410).
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15 | (b) Any employer may, by filing a written notice with the | ||||||
16 | board, exclude
from the definition of "employee" all persons | ||||||
17 | employed pursuant to a federally
funded contract entered into | ||||||
18 | after July 1, 1982 with a federal military
department in a | ||||||
19 | program providing training in military courses to federal
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20 | military personnel on a military site owned by the United | ||||||
21 | States Government,
if this exclusion is not prohibited by the | ||||||
22 | federally funded contract or
federal laws or rules governing | ||||||
23 | the administration of the contract.
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24 | (c) Any person appointed by the Governor under the Civil | ||||||
25 | Administrative
Code of the State is an employee, if he or she | ||||||
26 | is a participant in this
system on the effective date of the | ||||||
27 | appointment.
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28 | (d) A participant on lay-off status under civil service | ||||||
29 | rules is
considered an employee for not more than 120 days from | ||||||
30 | the date of the lay-off.
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31 | (e) A participant is considered an employee during (1) the | ||||||
32 | first 60 days
of disability leave, (2) the period, not to | ||||||
33 | exceed one year, in which his
or her eligibility for disability | ||||||
34 | benefits is being considered by the board
or reviewed by the | ||||||
35 | courts, and (3) the period he or she receives disability
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36 | benefits under the provisions of Section 15-152, workers' |
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1 | compensation or
occupational disease benefits, or disability | ||||||
2 | income under an insurance
contract financed wholly or partially | ||||||
3 | by the employer.
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4 | (f) Absences without pay, other than formal leaves of | ||||||
5 | absence, of less
than 30 calendar days, are not considered as | ||||||
6 | an interruption of a person's
status as an employee. If such | ||||||
7 | absences during any period of 12 months
exceed 30 work days, | ||||||
8 | the employee status of the person is considered as
interrupted | ||||||
9 | as of the 31st work day.
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10 | (g) A staff member whose employment contract requires | ||||||
11 | services during
an academic term is to be considered an | ||||||
12 | employee during the summer and
other vacation periods, unless | ||||||
13 | he or she declines an employment contract
for the succeeding | ||||||
14 | academic term or his or her employment status is
otherwise | ||||||
15 | terminated, and he or she receives no earnings during these | ||||||
16 | periods.
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17 | (h) An individual who was a participating employee employed | ||||||
18 | in the fire
department of the University of Illinois's | ||||||
19 | Champaign-Urbana campus immediately
prior to the elimination | ||||||
20 | of that fire department and who immediately after the
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21 | elimination of that fire department became employed by the fire | ||||||
22 | department of
the City of Urbana or the City of Champaign shall | ||||||
23 | continue to be considered as
an employee for purposes of this | ||||||
24 | Article for so long as the individual remains
employed as a | ||||||
25 | firefighter by the City of Urbana or the City of Champaign. The
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26 | individual shall cease to be considered an employee under this | ||||||
27 | subsection (h)
upon the first termination of the individual's | ||||||
28 | employment as a firefighter by
the City of Urbana or the City | ||||||
29 | of Champaign.
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30 | (i) An individual who is employed on a full-time basis as | ||||||
31 | an officer
or employee of a statewide teacher organization that | ||||||
32 | serves System
participants or an officer of a national teacher | ||||||
33 | organization that serves
System participants may participate | ||||||
34 | in the System and shall be deemed an
employee, provided that | ||||||
35 | (1) the individual has previously earned
creditable service | ||||||
36 | under this Article, (2) the individual files with the
System an |
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1 | irrevocable election to become a participant, and (3) the
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2 | individual does not receive credit for that employment under | ||||||
3 | any other Article
of this Code. An employee under this | ||||||
4 | subsection (i) is responsible for paying
to the System both (A) | ||||||
5 | employee contributions based on the actual compensation
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6 | received for service with the teacher organization and (B) | ||||||
7 | employer
contributions equal to the normal costs (as defined in | ||||||
8 | Section 15-155)
resulting from that service; all or any part of | ||||||
9 | these contributions may be
paid on the employee's behalf or | ||||||
10 | picked up for tax purposes (if authorized
under federal law) by | ||||||
11 | the teacher organization.
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12 | A person who is an employee as defined in this subsection | ||||||
13 | (i) may establish
service credit for similar employment prior | ||||||
14 | to becoming an employee under this
subsection by paying to the | ||||||
15 | System for that employment the contributions
specified in this | ||||||
16 | subsection, plus interest at the effective rate from the
date | ||||||
17 | of service to the date of payment. However, credit shall not be | ||||||
18 | granted
under this subsection for any such prior employment for | ||||||
19 | which the applicant
received credit under any other provision | ||||||
20 | of this Code, or during which
the applicant was on a leave of | ||||||
21 | absence under Section 15-113.2.
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22 | (j) An individual who was a participating employee employed | ||||||
23 | by
the Illinois Board of Higher Education for the Illinois | ||||||
24 | Century Network
prior to July 1, 2004 and who, after June 30, | ||||||
25 | 2004, becomes
employed by the Department of Central Management | ||||||
26 | Services shall continue to be
considered an employee for | ||||||
27 | purposes of this Article for so long as the
individual remains | ||||||
28 | employed by the Department of Central Management Services in
a | ||||||
29 | position with the Illinois Century Network. The individual | ||||||
30 | shall cease to be
considered an employee under this subsection | ||||||
31 | (j) upon first termination of the
individual's employment from | ||||||
32 | a position with the Illinois Century Network under
the | ||||||
33 | Department of
Central Management Services.
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34 | (Source: P.A. 93-347, eff. 7-24-03.)
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35 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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