Full Text of HB1960 95th General Assembly
HB1960 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1960
Introduced 2/23/2007, by Rep. Raymond Poe SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/14-104 |
from Ch. 108 1/2, par. 14-104 |
40 ILCS 5/14-152.1 |
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Amends the State Employees Article of the Illinois Pension Code. Provides that a member who participated in the University of Illinois Government Public Service Internship Program may establish creditable service for up to 2 years of that participation. Exempts the changes from provisions concerning new benefit increases. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB1960 |
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LRB095 04256 AMC 24297 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 14-104 and 14-152.1 as follows: | 6 |
| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | 7 |
| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the | 9 |
| period of
service granted. Except as otherwise provided in this | 10 |
| Section, the
contributions shall be based upon the employee's | 11 |
| compensation and
contribution rate in effect on the date he | 12 |
| last became a member of the
System; provided that for all | 13 |
| employment prior to January 1, 1969 the
contribution rate shall | 14 |
| be that in effect for a noncovered employee on
the date he last | 15 |
| became a member of the System. Except as otherwise provided
in | 16 |
| this Section, contributions permitted under this Section shall | 17 |
| include
regular interest from the date an employee last became | 18 |
| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 20 |
| either in
a lump sum or in installment payments in accordance | 21 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 23 |
| Section
for any period of service, subsequent to the date of |
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HB1960 |
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LRB095 04256 AMC 24297 b |
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| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 3 |
| membership
because of age at entry and subsequently became | 4 |
| eligible may elect to
make contributions as required in this | 5 |
| Section for the period of service
during which he was | 6 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 8 |
| January 1,
1944 but prior to becoming eligible for membership, | 9 |
| received salary from
funds of insurance companies in the | 10 |
| process of rehabilitation,
liquidation, conservation or | 11 |
| dissolution, may elect to make
contributions as required in | 12 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 14 |
| which he
was elected, or rendered service in the elective | 15 |
| office of Clerk of the
Appellate Court prior to the date he | 16 |
| became a member, may make
contributions for such service as | 17 |
| required in this Section. Any member
who served by appointment | 18 |
| of the Governor under the Civil Administrative
Code of Illinois | 19 |
| and did not participate in this System may make
contributions | 20 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 22 |
| any
instrumentality or agency thereof from January 1, 1942 | 23 |
| through November
15, 1946 as the result of a transfer from | 24 |
| State service by executive
order of the President of the United | 25 |
| States shall be entitled to prior
service credit covering the | 26 |
| period from January 1, 1942 through December
31, 1943 as |
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LRB095 04256 AMC 24297 b |
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| provided for in this Article and to membership service
credit | 2 |
| for the period from January 1, 1944 through November 15, 1946 | 3 |
| by
making the contributions required in this Section. A person | 4 |
| so employed
on January 1, 1944 but whose employment began after | 5 |
| January 1, 1942 may
qualify for prior service and membership | 6 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 8 |
| Illinois who
performed services for and under the supervision | 9 |
| of that Department
prior to January 1, 1944 but who was | 10 |
| compensated for those services
directly by federal funds and | 11 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 12 |
| State Treasurer may establish credit for such
employment by | 13 |
| making the contributions required in this Section. An
employee | 14 |
| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that | 16 |
| Department
prior to June 1, 1963, but was compensated for those | 17 |
| services directly
by federal funds and not paid by a warrant of | 18 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 19 |
| who did not contribute to any
other public employee retirement | 20 |
| system for such service, may establish
credit for such | 21 |
| employment by making the contributions required in this
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| Section.
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| (g) Any employee who executed a waiver of membership within
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| 60 days prior to January 1, 1944 may, at any time while in the | 25 |
| service of a
department, file with the board a rescission of | 26 |
| such waiver. Upon
making the contributions required by this |
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LRB095 04256 AMC 24297 b |
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| Section, the member shall be
granted the creditable service | 2 |
| that would have been received if the
waiver had not been | 3 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a | 5 |
| full-time
basis by a regional planning commission for at least | 6 |
| 5 continuous years may
establish creditable service for such | 7 |
| employment by making the
contributions required under this | 8 |
| Section, provided that any credits earned
by the employee in | 9 |
| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services | 11 |
| to the General
Assembly as a member of a legislative staff may | 12 |
| establish service credit for up
to 8 years of such services by | 13 |
| making the contributions required under this
Section, provided | 14 |
| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 16 |
| this Section,
plus an amount determined by the Board to be | 17 |
| equal to the employer's normal
cost of the benefit plus | 18 |
| interest, but with all of the interest calculated
from the date | 19 |
| the employee last became a member of the System or November 19,
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| 1991, whichever is later, to the date of payment, an employee | 21 |
| may establish
service credit
for a period of up to 2 years | 22 |
| spent in active military service for which he
does not qualify | 23 |
| for credit under Section 14-105, provided that (1) he was
not | 24 |
| dishonorably discharged from such military service, and (2) the | 25 |
| amount
of service credit established by a member under this | 26 |
| subsection (j), when
added to the amount of military service |
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LRB095 04256 AMC 24297 b |
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| credit granted to the member under
subsection (b) of Section | 2 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 3 |
| calculating interest under this subsection (j) made by this
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| amendatory Act of the 92nd General Assembly applies to credit | 5 |
| purchased by an
employee on or after its effective date and | 6 |
| does not entitle any person to a
refund of contributions or | 7 |
| interest already paid.
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| (k) An employee who was employed on a full-time basis by | 9 |
| the Illinois
State's Attorneys Association Statewide Appellate | 10 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 11 |
| that project became the State's
Attorneys Appellate Service | 12 |
| Commission, now the Office of the State's
Attorneys Appellate | 13 |
| Prosecutor, an agency of State government, may
establish | 14 |
| creditable service for not more than 60 months service for
such | 15 |
| employment by making contributions required under this | 16 |
| Section.
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| (l) By paying the contributions otherwise required under | 18 |
| this Section,
plus an amount determined by the Board to be | 19 |
| equal to the employer's normal
cost of the benefit plus | 20 |
| interest, a member may establish service credit
for periods of | 21 |
| less than one year spent on authorized leave of absence from
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| service, provided that (1) the period of leave began on or | 23 |
| after January 1,
1982 and (2) any credit established by the | 24 |
| member for the period of leave in
any other public employee | 25 |
| retirement system has been terminated. A member
may establish | 26 |
| service credit under this subsection for more than one period
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LRB095 04256 AMC 24297 b |
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| of authorized leave, and in that case the total period of | 2 |
| service credit
established by the member under this subsection | 3 |
| may exceed one year. In
determining the contributions required | 4 |
| for establishing service credit under
this subsection, the | 5 |
| interest shall be calculated from the beginning of the
leave of | 6 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 8 |
| member of
the General Assembly as a worker in the member's | 9 |
| district office may establish
creditable service for up to 3 | 10 |
| years of those contractual services by making
the contributions | 11 |
| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the | 13 |
| required
contribution. To establish credit under this | 14 |
| subsection, the applicant must
apply to the System by March 1, | 15 |
| 1998.
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| (n) Any person who rendered contractual services to a | 17 |
| member of
the General Assembly as a worker providing | 18 |
| constituent services to persons in
the member's district may | 19 |
| establish
creditable service for up to 8 years of those | 20 |
| contractual services by making
the contributions required | 21 |
| under this Section. The System shall determine a
full-time | 22 |
| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the | 24 |
| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative | 26 |
| Staff
Internship Program may establish creditable service for |
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LRB095 04256 AMC 24297 b |
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| up to one year
of that participation by making the contribution | 2 |
| required under this Section.
The System shall determine a | 3 |
| full-time salary equivalent for the purpose of
calculating the | 4 |
| required contribution. Credit may not be established under
this | 5 |
| subsection for any period for which service credit is | 6 |
| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under | 8 |
| this Section,
plus an amount determined by the Board to be | 9 |
| equal to the employer's normal
cost of the benefit plus | 10 |
| interest, a member may establish service credit
for a period of | 11 |
| up to 8 years during which he or she was employed by the
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| Visually Handicapped Managers of Illinois in a vending program | 13 |
| operated under
a contractual agreement with the Department of | 14 |
| Rehabilitation Services or its successor agency.
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| This subsection (p) applies without regard to whether the | 16 |
| person was in service on or after the effective date of this | 17 |
| amendatory Act of the 94th General Assembly. In the case of a | 18 |
| person who is receiving a retirement annuity on that effective | 19 |
| date, the increase, if any, shall begin to accrue on the first | 20 |
| annuity payment date following receipt by the System of the | 21 |
| contributions required under this subsection (p).
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| (q) A member who participated in the University of Illinois | 23 |
| Government Public Service Internship Program (GPSI) may | 24 |
| establish creditable service for up to 2 years
of that | 25 |
| participation by making the contribution required under this | 26 |
| Section.
The System shall determine a full-time salary |
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| equivalent for the purpose of
calculating the required | 2 |
| contribution. Credit may not be established under
this | 3 |
| subsection for any period for which service credit is | 4 |
| established under
any other provision of this Code.
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| (Source: P.A. 94-612, eff. 8-18-05.)
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| (40 ILCS 5/14-152.1)
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| Sec. 14-152.1. Application and expiration of new benefit | 8 |
| increases. | 9 |
| (a) As used in this Section, "new benefit increase" means | 10 |
| an increase in the amount of any benefit provided under this | 11 |
| Article, or an expansion of the conditions of eligibility for | 12 |
| any benefit under this Article, that results from an amendment | 13 |
| to this Code that takes effect after June 1, 2005 ( the | 14 |
| effective date of Public Act 94-4)
this amendatory Act of the | 15 |
| 94th General Assembly . "New benefit increase", however, does | 16 |
| not include any benefit increase resulting from the changes | 17 |
| made to this Article by this amendatory Act of the 95th General | 18 |
| Assembly. | 19 |
| (b) Notwithstanding any other provision of this Code or any | 20 |
| subsequent amendment to this Code, every new benefit increase | 21 |
| is subject to this Section and shall be deemed to be granted | 22 |
| only in conformance with and contingent upon compliance with | 23 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 25 |
| identify and provide for payment to the System of additional |
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| funding at least sufficient to fund the resulting annual | 2 |
| increase in cost to the System as it accrues. | 3 |
| Every new benefit increase is contingent upon the General | 4 |
| Assembly providing the additional funding required under this | 5 |
| subsection. The Commission on Government Forecasting and | 6 |
| Accountability shall analyze whether adequate additional | 7 |
| funding has been provided for the new benefit increase and | 8 |
| shall report its analysis to the Public Pension Division of the | 9 |
| Department of Financial and Professional Regulation. A new | 10 |
| benefit increase created by a Public Act that does not include | 11 |
| the additional funding required under this subsection is null | 12 |
| and void. If the Public Pension Division determines that the | 13 |
| additional funding provided for a new benefit increase under | 14 |
| this subsection is or has become inadequate, it may so certify | 15 |
| to the Governor and the State Comptroller and, in the absence | 16 |
| of corrective action by the General Assembly, the new benefit | 17 |
| increase shall expire at the end of the fiscal year in which | 18 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 20 |
| its effective date or on such earlier date as may be specified | 21 |
| in the language enacting the new benefit increase or provided | 22 |
| under subsection (c). This does not prevent the General | 23 |
| Assembly from extending or re-creating a new benefit increase | 24 |
| by law. | 25 |
| (e) Except as otherwise provided in the language creating | 26 |
| the new benefit increase, a new benefit increase that expires |
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| under this Section continues to apply to persons who applied | 2 |
| and qualified for the affected benefit while the new benefit | 3 |
| increase was in effect and to the affected beneficiaries and | 4 |
| alternate payees of such persons, but does not apply to any | 5 |
| other person, including without limitation a person who | 6 |
| continues in service after the expiration date and did not | 7 |
| apply and qualify for the affected benefit while the new | 8 |
| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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