093_SB0333

 
                                     LRB093 04290 EFG 04336 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) unless the contribution is paid within the 6 months
24    following the effective date of this amendatory  Act  of  the
25    93rd  General  Assembly, an amount determined by the board to
26    be equal to  the  employer's  normal  cost  of  the  benefits
27    accrued for such military service, plus (3) interest on items
28    (1)  and (2) at the effective rate from the later of the date
29    of first membership in the System or the date  of  conclusion
30    of  military  service  to the date of payment.  The change in
31    the required contribution for purchased military credit  made
 
                            -2-      LRB093 04290 EFG 04336 b
 1    by this amendatory Act of 1993 does not entitle any person to
 2    a  refund  of  contributions already paid.  The change in the
 3    required contribution for purchased military credit  made  by
 4    this  amendatory  Act  of  the 93rd General Assembly does not
 5    entitle any person to a refund of contributions already paid.
 6        The changes to this Section made by this  amendatory  Act
 7    of  1991  shall apply not only to persons who on or after its
 8    effective date are in service under the System, but  also  to
 9    persons  whose  employment  terminated  prior  to  that date,
10    whether or not the person is an annuitant on that  date.   In
11    the  case  of  an  annuitant who applies for credit allowable
12    under this Section for a period of military service that  did
13    not  immediately  follow  employment,  and  who  has made the
14    required contributions for such credit, the annuity shall  be
15    recalculated  to  include the additional service credit, with
16    the increase taking effect on the date  the  System  received
17    written  notification  of  the annuitant's intent to purchase
18    the credit, if payment of all the required  contributions  is
19    made  within  60  days  of  such notice, or else on the first
20    annuity payment date following the date  of  payment  of  the
21    required  contributions.  In calculating the automatic annual
22    increase for an annuity that has been recalculated under this
23    Section, the increase attributable to the additional  service
24    allowable under this amendatory Act of 1991 shall be included
25    in  the  calculation  of  automatic annual increases accruing
26    after the effective date of the recalculation.
27    (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)

28        Section 99. Effective date.  This Act takes  effect  upon
29    becoming law.