94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1187

 

Introduced 2/8/2005, by Rep. Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/7-116   from Ch. 108 1/2, par. 7-116
40 ILCS 5/7-139   from Ch. 108 1/2, par. 7-139
40 ILCS 5/7-147   from Ch. 108 1/2, par. 7-147
40 ILCS 5/7-174   from Ch. 108 1/2, par. 7-174
30 ILCS 805/8.29 new

    Amends the IMRF Article of the Illinois Pension Code. Grants service credit for the first month of participating employment, even if a paycheck is not issued during that month. Changes the manner of calculating the contribution required for establishing certain prior service credit. For persons switching from total and permanent disability to a retirement annuity, includes any accrued increases in the disability benefit in the final rate of earnings for retirement annuity purposes. Allows disability benefits to be retroactive to the beginning of the previous calendar year. Makes the annuitant trustee a voting member of the Board and increases the number of votes required for action to 5. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 changing
5 Sections 7-116, 7-139, 7-147, and 7-174 as follows:
 
6     (40 ILCS 5/7-116)  (from Ch. 108 1/2, par. 7-116)
7     Sec. 7-116. "Final rate of earnings":
8     (a) For retirement and survivor annuities, the monthly
9 earnings obtained by dividing the total earnings received by
10 the employee during the period of either (1) the 48 consecutive
11 months of service within the last 120 months of service in
12 which his total earnings were the highest or (2) the employee's
13 total period of service, by the number of months of service in
14 such period. For a person switching from a total and permanent
15 disability benefit to a retirement annuity, calculation of the
16 final rate of earnings for retirement annuity purposes shall
17 include all annual or one-time increases in the disability
18 benefit that have accrued.
19     (b) For death benefits, the higher of the rate determined
20 under paragraph (a) of this Section or total earnings received
21 in the last 12 months of service divided by twelve. If the
22 deceased employee has less than 12 months of service, the
23 monthly final rate shall be the monthly rate of pay the
24 employee was receiving when he began service.
25     (c) For disability benefits, the total earnings of a
26 participating employee in the last 12 calendar months of
27 service prior to the date he becomes disabled divided by 12.
28     (d) In computing the final rate of earnings: (1) the
29 earnings rate for all periods of prior service for which an
30 employee contribution has been paid under subdivision (a)1 of
31 Section 7-139 shall be the salary rate used in computing that
32 contribution, and for other periods of prior service shall be

 

 

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1 considered equal to the average earnings rate for the last 3
2 calendar years of prior service for which creditable service is
3 received under Section 7-139 or, if there is less than 3 years
4 of creditable prior service, the average for the total prior
5 service period for which creditable service is received under
6 Section 7-139; (2) for out of state service and authorized
7 leave, the earnings rate shall be the rate upon which service
8 credits are granted; (3) periods of military leave shall not be
9 considered; (4) the earnings rate for all periods of disability
10 shall be considered equal to the rate of earnings upon which
11 the employee's disability benefits are computed for such
12 periods; (5) the earnings to be considered for each of the
13 final three months of the final earnings period shall not
14 exceed 125% of the highest earnings of any other month in the
15 final earnings period; and (6) the annual amount of final rate
16 of earnings shall be the monthly amount multiplied by the
17 number of months of service normally required by the position
18 in a year.
19 (Source: P.A. 90-448, eff. 8-16-97.)
 
20     (40 ILCS 5/7-139)  (from Ch. 108 1/2, par. 7-139)
21     Sec. 7-139. Credits and creditable service to employees.
22     (a) Each participating employee shall be granted credits
23 and creditable service, for purposes of determining the amount
24 of any annuity or benefit to which he or a beneficiary is
25 entitled, as follows:
26         1. For prior service: Each participating employee who
27     is an employee of a participating municipality or
28     participating instrumentality on the effective date shall
29     be granted creditable service, but no credits under
30     paragraph 2 of this subsection (a), for periods of prior
31     service for which credit has not been received under any
32     other pension fund or retirement system established under
33     this Code, as follows:
34         If the effective date of participation for the
35     participating municipality or participating

 

 

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1     instrumentality is on or before January 1, 1998, creditable
2     service shall be granted for the entire period of prior
3     service with that employer without any employee
4     contribution.
5         If the effective date of participation for the
6     participating municipality or participating
7     instrumentality is after January 1, 1998, creditable
8     service shall be granted for the last 20% of the period of
9     prior service with that employer, but no more than 5 years,
10     without any employee contribution. A participating
11     employee may establish creditable service for the
12     remainder of the period of prior service with that employer
13     by making an application in writing, accompanied by payment
14     of an employee contribution in an amount determined by the
15     Fund, based on the employee contribution rates in effect at
16     the time of application for the creditable service and the
17     employee's actual salary rate during that prior service on
18     the effective date of participation for that employer, plus
19     interest at the effective rate from the date of the prior
20     service to the date of payment. Application for this
21     creditable service may be made at any time while the
22     employee is still in service.
23         A municipality that (i) has at least 35 employees; (ii)
24     is located in a county with at least 2,000,000 inhabitants;
25     and (iii) maintains an independent defined benefit pension
26     plan for the benefit of its eligible employees may restrict
27     creditable service in whole or in part for periods of prior
28     service with the employer if the governing body of the
29     municipality adopts an irrevocable resolution to restrict
30     that creditable service and files the resolution with the
31     board before the municipality's effective date of
32     participation.
33         Any person who has withdrawn from the service of a
34     participating municipality or participating
35     instrumentality prior to the effective date, who reenters
36     the service of the same municipality or participating

 

 

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1     instrumentality after the effective date and becomes a
2     participating employee is entitled to creditable service
3     for prior service as otherwise provided in this subdivision
4     (a)(1) only if he or she renders 2 years of service as a
5     participating employee after the effective date.
6     Application for such service must be made while in a
7     participating status. The salary rate to be used in the
8     calculation of the required employee contribution, if any,
9     shall be the employee's actual salary rate during that
10     prior service the employee's salary rate at the time of
11     first reentering service with the employer after the
12     employer's effective date of participation.
13         The changes to this subdivision (a)1 made by this
14     amendatory Act of the 94th General Assembly, relating to
15     the salary rate used in calculating contributions for prior
16     service, are prospective only; they do not increase the
17     required amount of, nor entitle any person to a refund of,
18     any contribution for prior service already paid.
19         2. For current service, each participating employee
20     shall be credited with:
21             a. Additional credits of amounts equal to each
22         payment of additional contributions received from him
23         under Section 7-173, as of the date the corresponding
24         payment of earnings is payable to him.
25             b. Normal credits of amounts equal to each payment
26         of normal contributions received from him, as of the
27         date the corresponding payment of earnings is payable
28         to him, and normal contributions made for the purpose
29         of establishing out-of-state service credits as
30         permitted under the conditions set forth in paragraph 6
31         of this subsection (a).
32             c. Municipality credits in an amount equal to 1.4
33         times the normal credits, except those established by
34         out-of-state service credits, as of the date of
35         computation of any benefit if these credits would
36         increase the benefit.

 

 

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1             d. Survivor credits equal to each payment of
2         survivor contributions received from the participating
3         employee as of the date the corresponding payment of
4         earnings is payable, and survivor contributions made
5         for the purpose of establishing out-of-state service
6         credits.
7         3. For periods of temporary and total and permanent
8     disability benefits, each employee receiving disability
9     benefits shall be granted creditable service for the period
10     during which disability benefits are payable. Normal and
11     survivor credits, based upon the rate of earnings applied
12     for disability benefits, shall also be granted if such
13     credits would result in a higher benefit to any such
14     employee or his beneficiary.
15         4. For authorized leave of absence without pay: A
16     participating employee shall be granted credits and
17     creditable service for periods of authorized leave of
18     absence without pay under the following conditions:
19             a. An application for credits and creditable
20         service is submitted to the board while the employee is
21         in a status of active employment, and within 2 years
22         after termination of the leave of absence period for
23         which credits and creditable service are sought.
24             b. Not more than 12 complete months of creditable
25         service for authorized leave of absence without pay
26         shall be counted for purposes of determining any
27         benefits payable under this Article.
28             c. Credits and creditable service shall be granted
29         for leave of absence only if such leave is approved by
30         the governing body of the municipality, including
31         approval of the estimated cost thereof to the
32         municipality as determined by the fund, and employee
33         contributions, plus interest at the effective rate
34         applicable for each year from the end of the period of
35         leave to date of payment, have been paid to the fund in
36         accordance with Section 7-173. The contributions shall

 

 

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1         be computed upon the assumption earnings continued
2         during the period of leave at the rate in effect when
3         the leave began.
4             d. Benefits under the provisions of Sections
5         7-141, 7-146, 7-150 and 7-163 shall become payable to
6         employees on authorized leave of absence, or their
7         designated beneficiary, only if such leave of absence
8         is creditable hereunder, and if the employee has at
9         least one year of creditable service other than the
10         service granted for leave of absence. Any employee
11         contributions due may be deducted from any benefits
12         payable.
13             e. No credits or creditable service shall be
14         allowed for leave of absence without pay during any
15         period of prior service.
16         5. For military service: The governing body of a
17     municipality or participating instrumentality may elect to
18     allow creditable service to participating employees who
19     leave their employment to serve in the armed forces of the
20     United States for all periods of such service, provided
21     that the person returns to active employment within 90 days
22     after completion of full time active duty, but no
23     creditable service shall be allowed such person for any
24     period that can be used in the computation of a pension or
25     any other pay or benefit, other than pay for active duty,
26     for service in any branch of the armed forces of the United
27     States. If necessary to the computation of any benefit, the
28     board shall establish municipality credits for
29     participating employees under this paragraph on the
30     assumption that the employee received earnings at the rate
31     received at the time he left the employment to enter the
32     armed forces. A participating employee in the armed forces
33     shall not be considered an employee during such period of
34     service and no additional death and no disability benefits
35     are payable for death or disability during such period.
36         Any participating employee who left his employment

 

 

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1     with a municipality or participating instrumentality to
2     serve in the armed forces of the United States and who
3     again became a participating employee within 90 days after
4     completion of full time active duty by entering the service
5     of a different municipality or participating
6     instrumentality, which has elected to allow creditable
7     service for periods of military service under the preceding
8     paragraph, shall also be allowed creditable service for his
9     period of military service on the same terms that would
10     apply if he had been employed, before entering military
11     service, by the municipality or instrumentality which
12     employed him after he left the military service and the
13     employer costs arising in relation to such grant of
14     creditable service shall be charged to and paid by that
15     municipality or instrumentality.
16         Notwithstanding the foregoing, any participating
17     employee shall be entitled to creditable service as
18     required by any federal law relating to re-employment
19     rights of persons who served in the United States Armed
20     Services. Such creditable service shall be granted upon
21     payment by the member of an amount equal to the employee
22     contributions which would have been required had the
23     employee continued in service at the same rate of earnings
24     during the military leave period, plus interest at the
25     effective rate.
26         5.1. In addition to any creditable service established
27     under paragraph 5 of this subsection (a), creditable
28     service may be granted for up to 24 months of service in
29     the armed forces of the United States.
30         In order to receive creditable service for military
31     service under this paragraph 5.1, a participating employee
32     must (1) apply to the Fund in writing and provide evidence
33     of the military service that is satisfactory to the Board;
34     (2) obtain the written approval of the current employer;
35     and (3) make contributions to the Fund equal to (i) the
36     employee contributions that would have been required had

 

 

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1     the service been rendered as a member, plus (ii) an amount
2     determined by the board to be equal to the employer's
3     normal cost of the benefits accrued for that military
4     service, plus (iii) interest on items (i) and (ii) from the
5     date of first membership in the Fund to the date of
6     payment. If payment is made during the 6-month period that
7     begins 3 months after the effective date of this amendatory
8     Act of 1997, the required interest shall be at the rate of
9     2.5% per year, compounded annually; otherwise, the
10     required interest shall be calculated at the regular
11     interest rate.
12         6. For out-of-state service: Creditable service shall
13     be granted for service rendered to an out-of-state local
14     governmental body under the following conditions: The
15     employee had participated and has irrevocably forfeited
16     all rights to benefits in the out-of-state public employees
17     pension system; the governing body of his participating
18     municipality or instrumentality authorizes the employee to
19     establish such service; the employee has 2 years current
20     service with this municipality or participating
21     instrumentality; the employee makes a payment of
22     contributions, which shall be computed at 8% (normal) plus
23     2% (survivor) times length of service purchased times the
24     average rate of earnings for the first 2 years of service
25     with the municipality or participating instrumentality
26     whose governing body authorizes the service established
27     plus interest at the effective rate on the date such
28     credits are established, payable from the date the employee
29     completes the required 2 years of current service to date
30     of payment. In no case shall more than 120 months of
31     creditable service be granted under this provision.
32         7. For retroactive service: Any employee who could have
33     but did not elect to become a participating employee, or
34     who should have been a participant in the Municipal Public
35     Utilities Annuity and Benefit Fund before that fund was
36     superseded, may receive creditable service for the period

 

 

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1     of service not to exceed 50 months; however, a current or
2     former elected or appointed official of a participating
3     municipality may establish credit under this paragraph 7
4     for more than 50 months of service as an official of that
5     municipality, if the excess over 50 months is approved by
6     resolution of the governing body of the affected
7     municipality filed with the Fund before January 1, 2002.
8         Any employee who is a participating employee on or
9     after September 24, 1981 and who was excluded from
10     participation by the age restrictions removed by Public Act
11     82-596 may receive creditable service for the period, on or
12     after January 1, 1979, excluded by the age restriction and,
13     in addition, if the governing body of the participating
14     municipality or participating instrumentality elects to
15     allow creditable service for all employees excluded by the
16     age restriction prior to January 1, 1979, for service
17     during the period prior to that date excluded by the age
18     restriction. Any employee who was excluded from
19     participation by the age restriction removed by Public Act
20     82-596 and who is not a participating employee on or after
21     September 24, 1981 may receive creditable service for
22     service after January 1, 1979. Creditable service under
23     this paragraph shall be granted upon payment of the
24     employee contributions which would have been required had
25     he participated, with interest at the effective rate for
26     each year from the end of the period of service established
27     to date of payment.
28         8. For accumulated unused sick leave: A participating
29     employee who is applying for a retirement annuity shall be
30     entitled to creditable service for that portion of the
31     employee's accumulated unused sick leave for which payment
32     is not received, as follows:
33             a. Sick leave days shall be limited to those
34         accumulated under a sick leave plan established by a
35         participating municipality or participating
36         instrumentality which is available to all employees or

 

 

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1         a class of employees.
2             b. Only sick leave days accumulated with a
3         participating municipality or participating
4         instrumentality with which the employee was in service
5         within 60 days of the effective date of his retirement
6         annuity shall be credited; If the employee was in
7         service with more than one employer during this period
8         only the sick leave days with the employer with which
9         the employee has the greatest number of unpaid sick
10         leave days shall be considered.
11             c. The creditable service granted shall be
12         considered solely for the purpose of computing the
13         amount of the retirement annuity and shall not be used
14         to establish any minimum service period required by any
15         provision of the Illinois Pension Code, the effective
16         date of the retirement annuity, or the final rate of
17         earnings.
18             d. The creditable service shall be at the rate of
19         1/20 of a month for each full sick day, provided that
20         no more than 12 months may be credited under this
21         subdivision 8.
22             e. Employee contributions shall not be required
23         for creditable service under this subdivision 8.
24             f. Each participating municipality and
25         participating instrumentality with which an employee
26         has service within 60 days of the effective date of his
27         retirement annuity shall certify to the board the
28         number of accumulated unpaid sick leave days credited
29         to the employee at the time of termination of service.
30         9. For service transferred from another system:
31     Credits and creditable service shall be granted for service
32     under Article 3, 4, 5, 14 or 16 of this Act, to any active
33     member of this Fund, and to any inactive member who has
34     been a county sheriff, upon transfer of such credits
35     pursuant to Section 3-110.3, 4-108.3, 5-235, 14-105.6 or
36     16-131.4, and payment by the member of the amount by which

 

 

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1     (1) the employer and employee contributions that would have
2     been required if he had participated in this Fund as a
3     sheriff's law enforcement employee during the period for
4     which credit is being transferred, plus interest thereon at
5     the effective rate for each year, compounded annually, from
6     the date of termination of the service for which credit is
7     being transferred to the date of payment, exceeds (2) the
8     amount actually transferred to the Fund. Such transferred
9     service shall be deemed to be service as a sheriff's law
10     enforcement employee for the purposes of Section 7-142.1.
11     (b) Creditable service - amount:
12         1. One month of creditable service shall be allowed for
13     each month for which a participating employee made
14     contributions as required under Section 7-173, or for which
15     creditable service is otherwise granted hereunder.
16     Creditable service shall be granted for the first month of
17     participating employment, even if a paycheck was not issued
18     during that month. Not more than one 1 month of service
19     shall be credited and counted for one 1 calendar month, and
20     not more than one 1 year of service shall be credited and
21     counted for any calendar year. A calendar month means a
22     nominal month beginning on the first day thereof, and a
23     calendar year means a year beginning January 1 and ending
24     December 31.
25         2. A seasonal employee shall be given 12 months of
26     creditable service if he renders the number of months of
27     service normally required by the position in a 12-month
28     period and he remains in service for the entire 12-month
29     period. Otherwise a fractional year of service in the
30     number of months of service rendered shall be credited.
31         3. An intermittent employee shall be given creditable
32     service for only those months in which a contribution is
33     made under Section 7-173.
34     (c) No application for correction of credits or creditable
35 service shall be considered unless the board receives an
36 application for correction while (1) the applicant is a

 

 

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1 participating employee and in active employment with a
2 participating municipality or instrumentality, or (2) while
3 the applicant is actively participating in a pension fund or
4 retirement system which is a participating system under the
5 Retirement Systems Reciprocal Act. A participating employee or
6 other applicant shall not be entitled to credits or creditable
7 service unless the required employee contributions are made in
8 a lump sum or in installments made in accordance with board
9 rule.
10     (d) Upon the granting of a retirement, surviving spouse or
11 child annuity, a death benefit or a separation benefit, on
12 account of any employee, all individual accumulated credits
13 shall thereupon terminate. Upon the withdrawal of additional
14 contributions, the credits applicable thereto shall thereupon
15 terminate. Terminated credits shall not be applied to increase
16 the benefits any remaining employee would otherwise receive
17 under this Article.
18 (Source: P.A. 92-424, eff. 8-17-01; 93-933, eff. 8-13-04.)
 
19     (40 ILCS 5/7-147)  (from Ch. 108 1/2, par. 7-147)
20     Sec. 7-147. Temporary disability benefits - Commencement
21 and duration. Temporary disability benefits shall be payable:
22     (a) Upon receipt by the fund of a written application
23 therefor. The effective date may be no earlier than the first
24 day of the calendar year immediately preceding the year in
25 which the application is received by the Fund. not more than 6
26 months prior to the receipt by the fund of the application.
27 However, if an employee executes an application and delay in
28 filing is caused by negligence or fault of any officer or
29 employee of the applicant's municipality or participating
30 instrumentality, the effective date may be the later of 30 days
31 prior to the date the application is executed or one year prior
32 to the date received by the fund.
33     (b) Once a month as of the end of each calendar month;
34     (c) For less than a month in a fraction equal to that
35 created by making the number of days of disability in the month

 

 

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1 the numerator and the number of the days in the month the
2 denominator;
3     (d) To the beneficiary of a deceased participating employee
4 for the unpaid amount accrued to the date of death;
5     (e) For a period ending on the last day of the month when
6 the total period during which temporary disability benefits are
7 paid equals 1/2 of the total period of service (excluding
8 periods of disability) of the employee as of the date of his
9 disability or 30 months, whichever is the lesser; provided that
10 when a participating employee becomes disabled within 5 years
11 of a previous period or periods of temporary or total and
12 permanent disability, temporary disability benefits shall be
13 payable for a period not to exceed the lesser of 30 months or a
14 period computed as follows:
15     1. the lesser of 30 months or 1/2 of the total service
16 preceding the first period of disability within such 5-year
17 period;
18     2. less the total amount of all periods of disability
19 within said 5-year period;
20     3. plus 1/2 of the total amount of service (excluding
21 periods of disability) subsequent to the first period of
22 disability within such 5-year period;
23     (f) while the temporary disability continues.
24 (Source: P.A. 86-272.)
 
25     (40 ILCS 5/7-174)  (from Ch. 108 1/2, par. 7-174)
26     Sec. 7-174. Board created.
27     (a) A board of 8 members shall constitute a board of
28 trustees authorized to carry out the provisions of this
29 Article. Each trustee shall be a participating employee of a
30 participating municipality or participating instrumentality or
31 an annuitant of the Fund and no person shall be eligible to
32 become a trustee after January 1, 1979 who does not have at
33 least 8 years of creditable service.
34     (b) The board shall consist of representatives of various
35 groups as follows:

 

 

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1         1. 4 trustees shall be a chief executive officer, chief
2     finance officer, or other officer, executive or department
3     head of a participating municipality or participating
4     instrumentality, and each such trustee shall be designated
5     as an executive trustee.
6         2. 3 trustees shall be employees of a participating
7     municipality or participating instrumentality and each
8     such trustee shall be designated as an employee trustee.
9         3. One trustee shall be an annuitant of the Fund, who
10     shall be designated the annuitant trustee.
11     (c) A person elected as a trustee shall qualify as a
12 trustee, after declaration by the board that he has been duly
13 elected, upon taking and subscribing to the constitutional oath
14 of office and filing same in the office of the Fund.
15     (d) The term of office of each trustee shall begin upon
16 January 1 of the year following the year in which he is elected
17 and shall continue for a period of 5 years and until a
18 successor has been elected and qualified, or until prior
19 resignation, death, incapacity or disqualification.
20     (e) Any elected trustee (other than the annuitant trustee)
21 shall be disqualified immediately upon termination of
22 employment with all participating municipalities and
23 instrumentalities thereof or upon any change in status which
24 removes any such trustee from all employments within the group
25 he represents. The annuitant trustee shall be disqualified upon
26 termination of his or her annuity.
27     (f) The trustees shall fill any vacancy in the board by
28 appointment, for the period until the next election of
29 trustees, or, if the remaining term is less than 2 years, for
30 the remainder of the term, and until his successor has been
31 elected and qualified.
32     (g) Trustees shall serve without compensation, but shall be
33 reimbursed for any reasonable expenses incurred in attending
34 meetings of the board and in performing duties on behalf of the
35 Fund and for the amount of any earnings withheld by any
36 employing municipality or participating instrumentality

 

 

HB1187 - 15 - LRB094 04141 EFG 34162 b

1 because of attendance at any board meeting.
2     (h) Each trustee other than the annuitant trustee shall be
3 entitled to one vote on any and all actions before the board;
4 the annuitant trustee is not entitled to vote on any matter. At
5 least 5 concurring 4 concurring votes shall be necessary for
6 every decision or action by the board at any of its meetings.
7 No decision or action shall become effective unless presented
8 and so approved at a regular or duly called special meeting of
9 the board.
10 (Source: P.A. 89-136, eff. 7-14-95.)
 
11     Section 90. The State Mandates Act is amended by adding
12 Section 8.29 as follows:
 
13     (30 ILCS 805/8.29 new)
14     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
15 of this Act, no reimbursement by the State is required for the
16 implementation of any mandate created by this amendatory Act of
17 the 94th General Assembly.
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.