103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2398

 

Introduced 2/10/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/8-110  from Ch. 108 1/2, par. 8-110
40 ILCS 5/8-113  from Ch. 108 1/2, par. 8-113
40 ILCS 5/8-180.3 new
30 ILCS 805/8.47 new

    Amends the Chicago Municipal Article of the Illinois Pension Code. Adds the Metropolitan Pier and Exposition Authority to the definition of "employer". Adds any person employed by the Metropolitan Pier and Exposition Authority to the definition of "employee". Provides that an employee or a member or participant under any reciprocal retirement system or pension fund established under the Code may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority prior to the effective date of the amendatory Act by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. Provides that service credit shall not be granted for any such prior employment for which the applicant received credit under any other provision of the Code or during which the applicant was on a leave of absence. Amends the State Mandates Act to require implementation without reimbursement.


LRB103 30782 RPS 57270 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2398LRB103 30782 RPS 57270 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 8-110 and 8-113 and by adding Section
68-180.3 as follows:
 
7    (40 ILCS 5/8-110)  (from Ch. 108 1/2, par. 8-110)
8    Sec. 8-110. Employer. "Employer":
9    (1) a city of more than 500,000 inhabitants;
10    (2) the Board of Education of the city, with respect to any
11of its employees who participate in this Fund;
12    (3) the Chicago Housing Authority, with respect to any of
13its employees who participate in this Fund subject to the
14provisions of Section 8-230.9;
15    (4) the Public Building Commission of the city, with
16respect to any of its employees who participate in this Fund;
17and
18    (5) the Retirement Board; and .
19    (6) the Metropolitan Pier and Exposition Authority.
20(Source: P.A. 92-599, eff. 6-28-02.)
 
21    (40 ILCS 5/8-113)  (from Ch. 108 1/2, par. 8-113)
22    Sec. 8-113. Municipal employee, employee, contributor, or

 

 

SB2398- 2 -LRB103 30782 RPS 57270 b

1participant. "Municipal employee", "employee", "contributor",
2or "participant":
3    (a) Any employee of an employer employed in the classified
4civil service thereof other than by temporary appointment or
5in a position excluded or exempt from the classified service
6by the Civil Service Act, or in the case of a city operating
7under a personnel ordinance, any employee of an employer
8employed in the classified or career service under the
9provisions of a personnel ordinance, other than in a
10provisional or exempt position as specified in such ordinance
11or in rules and regulations formulated thereunder.
12    (b) Any employee in the service of an employer before the
13Civil Service Act came in effect for the employer.
14    (c) Any person employed by the board.
15    (d) Any person employed after December 31, 1949, but prior
16to January 1, 1984, in the service of the employer by temporary
17appointment or in a position exempt from the classified
18service as set forth in the Civil Service Act, or in a
19provisional or exempt position as specified in the personnel
20ordinance, who meets the following qualifications:
21        (1) has rendered service during not less than 12
22    calendar months to an employer as an employee, officer, or
23    official, 4 months of which must have been consecutive
24    full normal working months of service rendered immediately
25    prior to filing application to be included; and
26        (2) files written application with the board, while in

 

 

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1    the service, to be included hereunder.
2    (e) After December 31, 1949, any alderperson or other
3officer or official of the employer, who files, while in
4office, written application with the board to be included
5hereunder.
6    (f) Beginning January 1, 1984, any person employed by an
7employer other than the Chicago Housing Authority or the
8Public Building Commission of the city, whether or not such
9person is serving by temporary appointment or in a position
10exempt from the classified service as set forth in the Civil
11Service Act, or in a provisional or exempt position as
12specified in the personnel ordinance, provided that such
13person is neither (1) an alderperson or other officer or
14official of the employer, nor (2) participating, on the basis
15of such employment, in any other pension fund or retirement
16system established under this Act.
17    (g) After December 31, 1959, any person employed in the
18law department of the city, or municipal court or Board of
19Election Commissioners of the city, who was a contributor and
20participant, on December 31, 1959, in the annuity and benefit
21fund in operation in the city on said date, by virtue of the
22Court and Law Department Employees' Annuity Act or the Board
23of Election Commissioners Employees' Annuity Act.
24    After December 31, 1959, the foregoing definition includes
25any other person employed or to be employed in the law
26department, or municipal court (other than as a judge), or

 

 

SB2398- 4 -LRB103 30782 RPS 57270 b

1Board of Election Commissioners (if his salary is provided by
2appropriation of the city council of the city and his salary
3paid by the city) -- subject, however, in the case of such
4persons not participants on December 31, 1959, to compliance
5with the same qualifications and restrictions otherwise set
6forth in this Section and made generally applicable to
7employees or officers of the city concerning eligibility for
8participation or membership.
9    Notwithstanding any other provision in this Section, any
10person who first becomes employed in the law department of the
11city on or after the effective date of this amendatory Act of
12the 100th General Assembly shall be included within the
13foregoing definition, effective upon the date the person first
14becomes so employed, regardless of the nature of the
15appointment the person holds under the provisions of a
16personnel ordinance.
17    (h) After December 31, 1965, any person employed in the
18public library of the city -- and any other person -- who was a
19contributor and participant, on December 31, 1965, in the
20pension fund in operation in the city on said date, by virtue
21of the Public Library Employees' Pension Act.
22    (i) After December 31, 1968, any person employed in the
23house of correction of the city, who was a contributor and
24participant, on December 31, 1968, in the pension fund in
25operation in the city on said date, by virtue of the House of
26Correction Employees' Pension Act.

 

 

SB2398- 5 -LRB103 30782 RPS 57270 b

1    (j) Any person employed full-time on or after the
2effective date of this amendatory Act of the 92nd General
3Assembly by the Chicago Housing Authority who has elected to
4participate in this Fund as provided in subsection (a) of
5Section 8-230.9.
6    (k) Any person employed full-time by the Public Building
7Commission of the city who has elected to participate in this
8Fund as provided in subsection (d) of Section 8-230.7.
9    (l) Any person employed by the Metropolitan Pier and
10Exposition Authority.
11(Source: P.A. 102-15, eff. 6-17-21.)
 
12    (40 ILCS 5/8-180.3 new)
13    Sec. 8-180.3. Credit for service as an employee of the
14Metropolitan Pier and Exposition Authority. An employee or a
15member or participant under any reciprocal retirement system
16or pension fund established under this Code may establish
17service credit in the Fund for employment with the
18Metropolitan Pier and Exposition Authority prior to the
19effective date of this amendatory Act of the 103rd General
20Assembly by applying and paying to the Fund for that
21employment an amount equal to the (1) employee contributions
22based on the actual compensation received and the rate of
23contribution in effect on the date of payment; plus (2) an
24amount representing employer contributions determined by the
25retirement board; plus (3) interest at the effective rate from

 

 

SB2398- 6 -LRB103 30782 RPS 57270 b

1the date of service to the date of payment. However, service
2credit shall not be granted under this Section for any such
3prior employment for which the applicant received credit under
4any other provision of this Code or during which the applicant
5was on a leave of absence.
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.47 as follows:
 
8    (30 ILCS 805/8.47 new)
9    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
108 of this Act, no reimbursement by the State is required for
11the implementation of any mandate created by this amendatory
12Act of the 103rd General Assembly.