|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning 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
14-103.05 as follows:
| ||||||||||||||||||||||||
6 | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| ||||||||||||||||||||||||
7 | Sec. 14-103.05. Employee.
| ||||||||||||||||||||||||
8 | (a) Any person employed by a Department who receives salary
| ||||||||||||||||||||||||
9 | for personal services rendered to the Department on a warrant
| ||||||||||||||||||||||||
10 | issued pursuant to a payroll voucher certified by a Department | ||||||||||||||||||||||||
11 | and drawn
by the State Comptroller upon the State Treasurer, | ||||||||||||||||||||||||
12 | including an elected
official described in subparagraph (d) of | ||||||||||||||||||||||||
13 | Section 14-104, shall become
an employee for purpose of | ||||||||||||||||||||||||
14 | membership in the Retirement System on the
first day of such | ||||||||||||||||||||||||
15 | employment.
| ||||||||||||||||||||||||
16 | A person entering service on or after January 1, 1972 and | ||||||||||||||||||||||||
17 | prior to January
1, 1984 shall become a member as a condition | ||||||||||||||||||||||||
18 | of employment and shall begin
making contributions as of the | ||||||||||||||||||||||||
19 | first day of employment.
| ||||||||||||||||||||||||
20 | A person entering service on or after January 1, 1984 | ||||||||||||||||||||||||
21 | shall, upon completion
of 6 months of continuous service which | ||||||||||||||||||||||||
22 | is not interrupted by a break of more
than 2 months, become a | ||||||||||||||||||||||||
23 | member as a condition of employment. Contributions
shall begin | ||||||||||||||||||||||||
24 | the first of the month after completion of the qualifying | ||||||||||||||||||||||||
25 | period.
| ||||||||||||||||||||||||
26 | The qualifying period of 6 months of service is not | ||||||||||||||||||||||||
27 | applicable to: (1)
a person who has been granted credit for | ||||||||||||||||||||||||
28 | service in a position covered by
the State Universities | ||||||||||||||||||||||||
29 | Retirement System, the Teachers' Retirement System
of the State | ||||||||||||||||||||||||
30 | of Illinois, the General Assembly Retirement System, or the
| ||||||||||||||||||||||||
31 | Judges Retirement System of Illinois unless that service has | ||||||||||||||||||||||||
32 | been forfeited
under the laws of those systems; (2) a person |
| |||||||
| |||||||
1 | entering service on or
after July 1, 1991 in a noncovered | ||||||
2 | position; or (3) a person to whom Section
14-108.2a or | ||||||
3 | 14-108.2b applies.
| ||||||
4 | (b) The term "employee" does not include the following:
| ||||||
5 | (1) members of the State Legislature, and persons | ||||||
6 | electing to become
members of the General Assembly | ||||||
7 | Retirement System pursuant to Section 2-105;
| ||||||
8 | (2) incumbents of offices normally filled by vote of | ||||||
9 | the people;
| ||||||
10 | (3) except as otherwise provided in this Section, any | ||||||
11 | person
appointed by the Governor with the advice and | ||||||
12 | consent
of the Senate unless that person elects to | ||||||
13 | participate in this system;
| ||||||
14 | (3.1) any person serving as a commissioner of an ethics | ||||||
15 | commission created under the State Officials and Employees | ||||||
16 | Ethics Act unless that person elects to participate in this | ||||||
17 | system with respect to that service as a commissioner;
| ||||||
18 | (3.2) any person serving as a part-time employee in any | ||||||
19 | of the following positions: Legislative Inspector General, | ||||||
20 | Special Legislative Inspector General, employee of the | ||||||
21 | Office of the Legislative Inspector General, Executive | ||||||
22 | Director of the Legislative Ethics Commission, or staff of | ||||||
23 | the Legislative Ethics Commission, regardless of whether | ||||||
24 | he or she is in active service on or after July 8, 2004 | ||||||
25 | (the effective date of Public Act 93-685), unless that | ||||||
26 | person elects to participate in this System with respect to | ||||||
27 | that service; in this item (3.2), a "part-time employee" is | ||||||
28 | a person who is not required to work at least 35 hours per | ||||||
29 | week; | ||||||
30 | (3.3) any person who has made an election under Section | ||||||
31 | 1-123 and who is serving either as legal counsel in the | ||||||
32 | Office of the Governor or as Chief Deputy Attorney General;
| ||||||
33 | (4) except as provided in Section 14-108.2 or | ||||||
34 | 14-108.2c, any person
who is covered or eligible to be | ||||||
35 | covered by the Teachers' Retirement System of
the State of | ||||||
36 | Illinois, the State Universities Retirement System, or the |
| |||||||
| |||||||
1 | Judges
Retirement System of Illinois;
| ||||||
2 | (5) an employee of a municipality or any other | ||||||
3 | political subdivision
of the State;
| ||||||
4 | (6) any person who becomes an employee after June 30, | ||||||
5 | 1979 as a
public service employment program participant | ||||||
6 | under the Federal
Comprehensive Employment and Training | ||||||
7 | Act and whose wages or fringe
benefits are paid in whole or | ||||||
8 | in part by funds provided under such Act;
| ||||||
9 | (7) enrollees of the Illinois Young Adult Conservation | ||||||
10 | Corps program,
administered by the Department of Natural | ||||||
11 | Resources, authorized grantee
pursuant to Title VIII of the | ||||||
12 | "Comprehensive Employment and Training Act of
1973", 29 USC | ||||||
13 | 993, as now or hereafter amended;
| ||||||
14 | (8) enrollees and temporary staff of programs | ||||||
15 | administered by the
Department of Natural Resources under | ||||||
16 | the Youth
Conservation Corps Act of 1970;
| ||||||
17 | (9) any person who is a member of any professional | ||||||
18 | licensing or
disciplinary board created under an Act | ||||||
19 | administered by the Department of
Professional Regulation | ||||||
20 | or a successor agency or created or re-created
after the | ||||||
21 | effective date of this amendatory Act of 1997, and who | ||||||
22 | receives
per diem compensation rather than a salary, | ||||||
23 | notwithstanding that such per diem
compensation is paid by | ||||||
24 | warrant issued pursuant to a payroll voucher; such
persons | ||||||
25 | have never been included in the membership of this System, | ||||||
26 | and this
amendatory Act of 1987 (P.A. 84-1472) is not | ||||||
27 | intended to effect any change in
the status of such | ||||||
28 | persons;
| ||||||
29 | (10) any person who is a member of the Illinois Health | ||||||
30 | Care Cost
Containment Council, and receives per diem | ||||||
31 | compensation rather than a
salary, notwithstanding that | ||||||
32 | such per diem compensation is paid by warrant
issued | ||||||
33 | pursuant to a payroll voucher; such persons have never been | ||||||
34 | included
in the membership of this System, and this | ||||||
35 | amendatory Act of 1987 is not
intended to effect any change | ||||||
36 | in the status of such persons;
|
| |||||||
| |||||||
1 | (11) any person who is a member of the Oil and Gas | ||||||
2 | Board created by
Section 1.2 of the Illinois Oil and Gas | ||||||
3 | Act, and receives per diem
compensation rather than a | ||||||
4 | salary, notwithstanding that such per diem
compensation is | ||||||
5 | paid by warrant issued pursuant to a payroll voucher; or
| ||||||
6 | (12) a person employed by the State Board of Higher | ||||||
7 | Education in a position with the Illinois Century Network | ||||||
8 | as of June 30, 2004, who remains continuously employed | ||||||
9 | after that date by the Department of Central Management | ||||||
10 | Services in a position with the Illinois Century Network | ||||||
11 | and participates in the Article 15 system with respect to | ||||||
12 | that employment.
| ||||||
13 | (c) An individual who is employed on a full-time basis as | ||||||
14 | an officer or
employee of a statewide labor organization that | ||||||
15 | represents members of this
System may participate in the System | ||||||
16 | and shall be deemed an employee, provided
that (1) the | ||||||
17 | individual has previously earned creditable service under this
| ||||||
18 | Article, (2) the individual files with the System an | ||||||
19 | irrevocable election to
become a participant, and (3) the | ||||||
20 | individual does not receive credit for that
employment under | ||||||
21 | any other provision of this Code. An employee under this
| ||||||
22 | subsection (c) is responsible for paying to the System both (i) | ||||||
23 | employee
contributions based on the actual compensation | ||||||
24 | received for service with the
labor organization and (ii) | ||||||
25 | employer contributions based on the percentage of
payroll | ||||||
26 | certified by the board; all or any part of these contributions | ||||||
27 | may be
paid on the employee's behalf or picked up for tax | ||||||
28 | purposes (if authorized
under federal law) by the labor | ||||||
29 | organization. | ||||||
30 | A person who is an employee as defined in this subsection | ||||||
31 | may establish
service credit for similar employment prior to | ||||||
32 | becoming an employee under
this subsection by paying to the | ||||||
33 | System for that employment the contributions
specified in this | ||||||
34 | subsection, plus interest at the effective rate from the
date | ||||||
35 | of service to the date of payment. However, credit shall not be | ||||||
36 | granted
under this subsection for any such prior employment for |
| |||||||
| |||||||
1 | which the applicant
received credit under any other provision | ||||||
2 | of this Code, or during which
the applicant was on a leave of | ||||||
3 | absence. | ||||||
4 | (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | ||||||
5 | eff. 7-30-04; 93-1069, eff. 1-15-05.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|