SB1920 98TH GENERAL ASSEMBLY

LRB098 09558 EFG 39704 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1920

Introduced 2/15/2013, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

40 ILCS 5/9-112	from Ch. 108 1/2, par. 9-112
40 ILCS 5/9-157	from Ch. 108 1/2, par. 9-157
40 ILCS 5/9-221	from Ch. 108 1/2, par. 9-221

Amends the Cook County Article of the Illinois Pension Code. Provides that salary shall be equal to the actual salary paid as reported to the Fund, excluding overtime or extra service and subject to certain specified limitations. Eliminates the statutory addition to salary for free meals, lodging, board, and laundry service. Provides that salary at the date of disability shall be based on the percentage, not to exceed 100%, of hours paid, contributed on, and reported to the Fund during the prior 365 days divided by 2080. Provides that this amendatory Act is intended to be a restatement and clarification of existing law. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 9-112, 9-157, and 9-221 as follows:

(40 ILCS 5/9-112) (from Ch. 108 1/2, par. 9-112)

Sec. 9-112. Salary. "Salary": Annual salary of an employee under this Article as follows:

(a) Beginning on the effective date and prior to July 1, 1947 $3000 shall be the maximum amount of annual salary of any employee to be considered for the purposes of this Article; and beginning on July 1, 1947 and prior to July 1, 1953, said maximum amount shall be $4800; and beginning on July 1, 1953 and prior to July 1, 1957 said maximum amount shall be $6,000; and beginning on July 1, 1957, if salary or wages is appropriated, fixed or arranged on an annual basis, the actual sum payable during the year if the employee worked the full normal working time in his position, at the rate of compensation, exclusive of overtime, appropriated or fixed as salary or wages for service in the position. ;

Salary shall be equal to the actual salary paid as reported to the Fund excluding overtime or extra service and is subject to the limitations of subsection (a) of Section 1-117 and subsection (b-5) of Section 1-160. This amendatory Act of the 98th General Assembly is intended to be a restatement and clarification of existing law and does not imply that salary was previously based on any amounts other than paid salary.

(b) Beginning July 1, 1957, if appropriated, fixed or arranged on other than an annual basis, the applicable schedules specified in Section 9-221 shall be used for conversion of the salary to an annual basis. ;

(c) For periods prior to January 1, 2013, where Where the county provides lodging, board and laundry service for an employee without charge, his salary shall be considered to be $480 a year more for the period from the effective date to August 1, 1959 and thereafter $960 more than the amount payable as salary for the year, and the salary of an employee for whom one or more daily meals are provided by the county without charge therefor shall be considered to be $120 a year more for each such daily meal for the period from the effective date to August 1, 1959 and thereafter $240 more for each such daily meal than the amount payable as his salary for the year.

(Source: P.A. 81-1536.)

(40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157)

Sec. 9-157. Ordinary disability benefit. An employee while under age 65 and prior to January 1, 1979, or while under age 70 and after January 1, 1979, but prior to January 1, 1987, and regardless of age on or after January 1, 1987, who becomes disabled after becoming a contributor to the fund as the result of any cause other than injury incurred in the performance of an act of duty is entitled to ordinary disability benefit during such disability, after the first 30 days thereof.

No employee who becomes disabled and whose disability commences during any period of absence from duty without pay may receive ordinary disability benefit until he recovers from such disability and performs the duties of his position in the service for at least 15 consecutive days, Sundays and holidays excepted, after his recovery from such disability.

The benefit shall not be allowed unless application therefor is made while the disability exists, nor for any period of disability before 30 days before the application for such benefit is made. The foregoing limitations do not apply if the board finds from satisfactory evidence presented to it that there was reasonable cause for delay in filing such application within such periods of time.

The first payment shall be made not later than one month after the benefit is granted and each subsequent payment shall be made not later than one month after the last preceding payment.

The disability benefit prescribed herein shall cease when the first of the following dates shall occur and the employee, if still disabled, shall thereafter be entitled to such annuity as is otherwise provided in this Article:

(a) the date disability ceases.

(b) the date the disabled employee attains age 65 for disability commencing prior to January 1, 1979.

(c) the date the disabled employee attains 65 for disability commencing prior to attainment of age 60 in the service and after January 1, 1979.

(d) the date the disabled employee attains the age of 70 for disability commencing after attainment of age 60 in the service and after January 1, 1979.

(e) the date the payments of the benefit shall exceed in the aggregate, throughout the employee's service, a period equal to 1/4 of the total service rendered prior to the date of disability but in no event more than 5 years. In computing such total service any period during which the employee received ordinary disability benefit and any period of absence from duty other than paid vacation shall be excluded.

Any employee whose duty disability benefit was terminated on or after January 1, 1979 by reason of his attainment of age 65 and who continues to be disabled after age 65 may elect before July 1, 1986 to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1985. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by any refund paid in lieu of annuity.

Any employee whose disability benefit was terminated on or after January 1, 1987 by reason of his attainment of age 70, and who continues to be disabled after age 70, may elect before March 31, 1988, to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1987. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by any refund paid in lieu of annuity.

Ordinary disability benefit shall be 50% of the employee's salary at the date of disability. The salary at the date of disability shall be based on the percentage, not to exceed 100%, of hours paid, contributed on, and reported to the Fund during the prior 365 days divided by 2080. Instead of all amounts ordinarily contributed by an employee and by the county for age and service annuity and widow's annuity based on the salary at date of disability, the county shall contribute sums equal to such amounts for any period during which the employee receives ordinary disability and such is deemed for annuity and refund purposes as amounts contributed by him. The county shall also contribute 1/2 of 1% salary deductions required as a contribution from the employee under Section 9-133. This amendatory Act of the 98th General Assembly is intended to be a restatement and clarification of existing law.

An employee who has withdrawn from service or was laid off for any reason, who is absent from service thereafter for 60 days or more who re-enters the service subsequent to such absence is not entitled to ordinary disability benefit unless he renders at least 6 months of service subsequent to the date of such last re-entry.

(Source: P.A. 96-1466, eff. 8-20-10.)

(40 ILCS 5/9-221) (from Ch. 108 1/2, par. 9-221)

Sec. 9-221. Basis of annual salary.

(a) For the purpose of this Article, annual salary of an employee whose salary or wages is arranged upon other than a yearly basis, shall be determined according to the months, weeks, days, or hours, for which the position held by the employee is appropriated for or as the employee in such position, normally and regularly works, as follows:

Monthly Basis:--Not less than 9 nor more than 12 times such monthly salary, unless the appropriation for such position is for a shorter period;

Weekly Basis:--Not less than 39 nor more than 52 times such weekly salary, unless the appropriation for such position is for a shorter period;

Daily Basis:--Not less than 260 nor more than 300 times such daily wage, unless the appropriation for such position is for a shorter period;

Hourly Basis:--Not less than 2080 nor more than 2400 times such hourly wage, unless the appropriation for such position is for a shorter period.

Any computation hereunder shall exclude all overtime or extra service.

(b) For the purposes of this Article, where a definite annual, monthly, daily or hourly salary scale is not established in the annual county appropriation ordinance, the amount of annual salary, wages or other compensation shall be the highest average annual salary for any 5 consecutive years within the last 10 years of service immediately preceding the date of determination of benefits of each such employee subject to the maximum annual salary prescribed herein and such annual salary divided by 12 shall be taken as the monthly salary for purposes of the Article; provided, no amount of salary in excess of an amount equal to 1/12 of such average annual salary for service rendered in any one month shall be considered. In such a case the board shall fix by appropriate rules and regulations how much service in any year is equivalent to one year of service.

Salary shall be equal to the actual salary paid as reported to the Fund excluding overtime or extra service and is subject to the limitations of subsection (a) of Section 1-117 and subsection (b-5) of Section 1-160. This amendatory Act of the 98th General Assembly is intended to be a restatement and clarification of existing law and does not imply that salary was previously based on any amounts other than paid salary.

(Source: Laws 1963, p. 161.)

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