Full Text of HB5011 95th General Assembly
HB5011eng 95TH GENERAL ASSEMBLY
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HB5011 Engrossed |
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LRB095 16819 AMC 42857 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 |
| Section 14-103.12 as follows:
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| (40 ILCS 5/14-103.12) (from Ch. 108 1/2, par. 14-103.12)
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| Sec. 14-103.12. Final average compensation.
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| (a) For retirement and
survivor annuities, "final average | 9 |
| compensation" means the monthly
compensation obtained by | 10 |
| dividing the total compensation of an employee
during the | 11 |
| period of: (1) the 48 consecutive months of service within the
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| last 120 months of service in which the total compensation was | 13 |
| the highest,
or (2) the total period of service, if less than | 14 |
| 48 months, by the number
of months of service in such period; | 15 |
| provided that for purposes of
a retirement annuity the average | 16 |
| compensation for the last 12 months of the
48-month period | 17 |
| shall not exceed the final average compensation by more than
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| 25%.
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| (b) For death and disability benefits, in the case of a | 20 |
| full-time
employee, "final average compensation" means the | 21 |
| greater of (1) the rate
of compensation of the employee at the | 22 |
| date of death or disability
multiplied by 1 in the case of a | 23 |
| salaried employee, by 174 in the case of
an hourly employee, |
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LRB095 16819 AMC 42857 b |
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| and by 22 in the case of a per diem employee, or (2)
for | 2 |
| benefits commencing on or after January 1, 1991, final average
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| compensation as determined under subsection (a).
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| For purposes of this paragraph, full or part-time status | 5 |
| shall be
certified by the employing agency. Final rate of | 6 |
| compensation for a
part-time employee shall be the total | 7 |
| compensation earned during the last
full calendar month prior | 8 |
| to the date of death or disability.
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| (c) Notwithstanding the provisions of subsection (a), for | 10 |
| the purpose
of calculating retirement and survivor annuities of | 11 |
| persons with at least
20 years of eligible creditable service | 12 |
| as defined in Section 14-110, "final average compensation" | 13 |
| means the monthly rate of
compensation received by the person | 14 |
| on the last day of eligible creditable
service (but not to | 15 |
| exceed 115% of the average monthly compensation received
by the | 16 |
| person for the last 24 months of service, unless the person was | 17 |
| in
service as a State policeman before the effective date of | 18 |
| this amendatory
Act of 1997), or the average monthly | 19 |
| compensation received by the person for
the last 48 months of | 20 |
| service prior to retirement, whichever is greater.
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| (d) Notwithstanding the provisions of subsection (a), for a | 22 |
| person who
was receiving, on the date of retirement or death, a | 23 |
| disability benefit
calculated under subdivision (b)(2) of this | 24 |
| Section, the final average
compensation used to calculate the | 25 |
| disability benefit may be used for
purposes of calculating the | 26 |
| retirement and survivor annuities.
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LRB095 16819 AMC 42857 b |
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| (e) In computing the final average compensation, periods of | 2 |
| military leave
shall not be considered.
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| (f) The changes to this Section made by this amendatory Act | 4 |
| of 1997
(redefining final average compensation for members | 5 |
| under the alternative
formula) apply to members who retire on | 6 |
| or after January 1, 1998, without
regard to whether employment | 7 |
| terminated before the effective date of this
amendatory Act of | 8 |
| 1997.
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| (g) For a member on leave of absence without pay who | 10 |
| purchases service credit for such period of leave pursuant to | 11 |
| subsection (l) of Section 14-104, earnings are assumed to be | 12 |
| equal to the rate of compensation in effect immediately prior | 13 |
| to the leave. If no contributions are required to establish | 14 |
| service credit for the period of leave, the member may elect to | 15 |
| establish earnings credit for the leave period within 48 months | 16 |
| after returning to work by making the employee and employer | 17 |
| contributions required by subsection (l) of Section 14-104, | 18 |
| based on the rate of compensation in effect immediately prior | 19 |
| to the leave, plus interest at the actuarially assumed rate. In | 20 |
| determining the contributions required for establishing | 21 |
| service credit under this subsection (g), the interest shall be | 22 |
| calculated from the beginning of the leave of absence to the | 23 |
| date of payment, unless the member establishes this earnings | 24 |
| credit within 90 days after returning to work, in which case no | 25 |
| interest is required. | 26 |
| (Source: P.A. 90-65, eff. 7-7-97.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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