Full Text of HB3372 98th General Assembly
HB3372ham001 98TH GENERAL ASSEMBLY | Rep. Darlene J. Senger Filed: 4/10/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3372
| 2 | | AMENDMENT NO. ______. Amend House Bill 3372 on page 1, by | 3 | | replacing all of line 5 with "Sections 7-109, 7-114, 7-116, | 4 | | 7-139, 9-219, 9-220, 14-104.3, 14-106, 15-106, 15-107, 15-112, | 5 | | 15-113.4, 16-106, 16-121, 16-127, 17-116, and 17-134"; and
| 6 | | by replacing line 2 on page 6 through line 24 on page 9 with the | 7 | | following:
| 8 | | "(40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
| 9 | | Sec. 7-114. Earnings. "Earnings":
| 10 | | (a) An amount to be determined by the board, equal to the | 11 | | sum of:
| 12 | | 1. The total amount of money paid to an employee for | 13 | | personal
services or official duties as an employee (except | 14 | | those employed as
independent contractors) paid out of the | 15 | | general fund, or out of any
special funds controlled by the | 16 | | municipality, or by any instrumentality
thereof, or |
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| 1 | | participating instrumentality, including compensation, | 2 | | fees,
allowances, or other emolument paid for official | 3 | | duties (but not
including automobile maintenance, travel | 4 | | expense, or reimbursements for
expenditures incurred in | 5 | | the performance of duties , or, in the case of a person who | 6 | | first becomes a participant on or after the effective date | 7 | | of this amendatory Act of the 98th General Assembly, | 8 | | payments for unused sick or vacation time ) and, for fee
| 9 | | offices, the fees or earnings of the offices to the extent | 10 | | such fees are
paid out of funds controlled by the | 11 | | municipality, or instrumentality or
participating | 12 | | instrumentality; and
| 13 | | 2. The money value, as determined by rules prescribed | 14 | | by the
governing body of the municipality, or | 15 | | instrumentality thereof, of any
board, lodging, fuel, | 16 | | laundry, and other allowances provided an employee
in lieu | 17 | | of money.
| 18 | | (b) For purposes of determining benefits payable under this | 19 | | fund
payments to a person who is engaged in an independently | 20 | | established
trade, occupation, profession or business and who | 21 | | is paid for his
service on a basis other than a monthly or | 22 | | other regular salary, are not
earnings.
| 23 | | (c) If a disabled participating employee is eligible to | 24 | | receive Workers'
Compensation for an accidental injury and the | 25 | | participating municipality or
instrumentality which employed | 26 | | the participating employee when injured
continues to pay the |
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| 1 | | participating employee regular salary or other
compensation or | 2 | | pays the employee an amount in excess of the Workers'
| 3 | | Compensation amount, then earnings shall be deemed to be the | 4 | | total payments,
including an amount equal to the Workers' | 5 | | Compensation payments. These
payments shall be subject to | 6 | | employee contributions and allocated as if paid to
the | 7 | | participating employee when the regular payroll amounts would | 8 | | have been
paid if the participating employee had continued | 9 | | working, and creditable
service shall be awarded for this | 10 | | period.
| 11 | | (d) If an elected official who is a participating employee | 12 | | becomes disabled
but does not resign and is not removed from | 13 | | office, then earnings shall include
all salary payments made | 14 | | for the remainder of that term of office and the
official shall | 15 | | be awarded creditable service for the term of office.
| 16 | | (e) If a participating employee is paid pursuant to "An Act | 17 | | to provide for
the continuation of compensation for law | 18 | | enforcement officers, correctional
officers and firemen who | 19 | | suffer disabling injury in the line of duty", approved
| 20 | | September 6, 1973, as amended, the payments shall be deemed | 21 | | earnings, and the
participating employee shall be awarded | 22 | | creditable service for this period.
| 23 | | (f) Additional compensation received by a person while | 24 | | serving as a
supervisor of assessments, assessor, deputy | 25 | | assessor or member of a board of
review from the State of | 26 | | Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax |
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| 1 | | Code shall not be
earnings for purposes of this Article and | 2 | | shall not be included in the
contribution formula or | 3 | | calculation of benefits for such person pursuant to
this | 4 | | Article.
| 5 | | (Source: P.A. 87-740; 88-670, eff. 12-2-94.)
| 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.
| 15 | | (b) For death benefits, the higher of the rate determined | 16 | | under
paragraph (a) of this Section or total earnings received | 17 | | in the last 12 months
of service divided by twelve. If the | 18 | | deceased employee has less than 12 months
of service, the | 19 | | monthly final rate shall be the monthly rate of pay the
| 20 | | employee was receiving when he began service.
| 21 | | (c) For disability benefits, the total earnings of a | 22 | | participating
employee in the last 12 calendar months of | 23 | | service prior to the date he
becomes disabled divided by 12.
| 24 | | (d) In computing the final rate of earnings: (1) the | 25 | | earnings rate for
all 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 for persons who | 14 | | first became participants before January 1, 2012 and the | 15 | | earnings to be considered for each of the final 24 months for | 16 | | participants who first become participants on or after January | 17 | | 1, 2012 shall not exceed 125%
of the highest earnings of any | 18 | | other month in the final earnings period;
and (6) the annual | 19 | | amount of final rate of earnings shall be the monthly
amount | 20 | | multiplied by the number of months of service normally required | 21 | | by
the position in a year ; and (7) in the case of a person who | 22 | | first becomes a participant on or after the effective date of | 23 | | this amendatory Act of the 98th General Assembly, payments for | 24 | | unused sick or vacation time shall not be considered .
| 25 | | (Source: P.A. 97-609, eff. 1-1-12.)
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| 1 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 2 | | Sec. 7-139. Credits and creditable service to employees.
| 3 | | (a) Each participating employee shall be granted credits | 4 | | and creditable
service, for purposes of determining the amount | 5 | | of any annuity or benefit
to which he or a beneficiary is | 6 | | entitled, as follows:
| 7 | | 1. For prior service: Each participating employee who | 8 | | is an employee
of a participating municipality or | 9 | | participating instrumentality on the
effective date shall | 10 | | be granted creditable service, but no credits under
| 11 | | paragraph 2 of this subsection (a), for periods of prior | 12 | | service for which
credit has not been received under any | 13 | | other pension fund or retirement system
established under | 14 | | this Code, as follows:
| 15 | | If the effective date of participation for the | 16 | | participating municipality
or participating | 17 | | instrumentality is on or before January 1, 1998, creditable
| 18 | | service shall be granted for the entire period of prior | 19 | | service with that
employer without any employee | 20 | | contribution.
| 21 | | If the effective date of participation for the | 22 | | participating municipality
or participating | 23 | | instrumentality is after January 1, 1998, creditable
| 24 | | service shall be granted for the last 20% of the period of | 25 | | prior service with
that employer, but no more than 5 years, | 26 | | without any employee contribution. A
participating |
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| 1 | | employee may establish creditable service for the | 2 | | remainder of
the period of prior service with that employer | 3 | | by making an application in
writing, accompanied by payment | 4 | | of an employee contribution in an
amount determined by the | 5 | | Fund, based on the employee contribution rates in
effect at | 6 | | the time of application for the creditable service and the | 7 | | employee's
salary rate on the effective date of | 8 | | participation for that employer, plus
interest at the | 9 | | effective rate from the date of the prior service to the | 10 | | date
of payment. Application for this creditable service | 11 | | may be made at any time
while the employee is still in | 12 | | service.
| 13 | | A municipality that (i) has at least 35 employees; (ii) | 14 | | is located in a county with at least 2,000,000 inhabitants; | 15 | | and (iii) maintains an independent defined benefit pension | 16 | | plan for the benefit of its eligible employees may restrict | 17 | | creditable service in whole or in part for periods of prior | 18 | | service with the employer if the governing body of the | 19 | | municipality adopts an irrevocable resolution to restrict | 20 | | that creditable service and files the resolution with the | 21 | | board before the municipality's effective date of | 22 | | participation.
| 23 | | Any person who has withdrawn from the service of a | 24 | | participating
municipality
or participating | 25 | | instrumentality prior to the effective date, who reenters
| 26 | | 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 salary rate at the time of first
| 10 | | reentering service with the employer after the employer's | 11 | | effective date of
participation.
| 12 | | 2. For current service, each participating employee | 13 | | shall be
credited with:
| 14 | | a. Additional credits of amounts equal to each | 15 | | payment of additional
contributions received from him | 16 | | under Section 7-173, as of the
date the corresponding | 17 | | payment of earnings is payable to him.
| 18 | | b. Normal credits of amounts equal to each payment | 19 | | of normal
contributions received from him, as of the | 20 | | date the corresponding payment of
earnings is payable | 21 | | to him, and normal contributions made for the purpose | 22 | | of
establishing out-of-state service credits as | 23 | | permitted under the conditions set
forth in paragraph 6 | 24 | | of this subsection (a).
| 25 | | c. Municipality credits in an amount equal to 1.4 | 26 | | times the normal
credits, except those established by |
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| 1 | | out-of-state service credits, as of
the date of | 2 | | computation of any benefit if these credits would | 3 | | increase
the benefit.
| 4 | | d. Survivor credits equal to each payment of | 5 | | survivor contributions
received from the participating | 6 | | employee as of the date the
corresponding payment of | 7 | | earnings is payable, and survivor contributions made
| 8 | | for the purpose of establishing out-of-state service | 9 | | credits.
| 10 | | 3. For periods of temporary and total and permanent | 11 | | disability
benefits, each employee receiving disability | 12 | | benefits shall be granted
creditable service for the period | 13 | | during which disability benefits are
payable. Normal and | 14 | | survivor credits, based upon the rate of earnings
applied | 15 | | for disability benefits, shall also be granted if such | 16 | | credits
would result in a higher benefit to any such | 17 | | employee or his
beneficiary.
| 18 | | 4. For authorized leave of absence without pay: A | 19 | | participating
employee shall be granted credits and | 20 | | creditable service for periods of
authorized leave of | 21 | | absence without pay under the following
conditions:
| 22 | | a. An application for credits and creditable | 23 | | service is submitted to the
board while the employee is | 24 | | in a status of
active employment.
| 25 | | b. Not more than 12 complete months of creditable | 26 | | service
for authorized leave of absence without pay |
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| 1 | | shall be counted for purposes of
determining any | 2 | | benefits payable under this Article.
| 3 | | c. Credits and creditable service shall be granted | 4 | | for leave of
absence only if such leave is approved by | 5 | | the governing body of the
municipality, including | 6 | | approval of the estimated cost thereof to the
| 7 | | municipality as determined by the fund, and employee | 8 | | contributions, plus
interest at the effective rate | 9 | | applicable for each year from the end of
the period of | 10 | | leave to date of payment, have been paid to the fund in
| 11 | | accordance with Section 7-173. The contributions shall | 12 | | be computed upon the
assumption earnings continued | 13 | | during the period of leave at the rate in
effect when | 14 | | the leave began.
| 15 | | d. Benefits under the provisions of Sections | 16 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 17 | | employees on authorized leave of
absence, or their | 18 | | designated beneficiary, only if such leave of absence
| 19 | | is creditable hereunder, and if the employee has at | 20 | | least one year of
creditable service other than the | 21 | | service granted for leave of absence.
Any employee | 22 | | contributions due may be deducted from any benefits
| 23 | | payable.
| 24 | | e. No credits or creditable service shall be | 25 | | allowed for leave of
absence without pay during any | 26 | | period of prior service.
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| 1 | | 5. For military service: The governing body of a | 2 | | municipality or
participating instrumentality may elect to | 3 | | allow creditable service to
participating employees who | 4 | | leave their employment to serve in the armed
forces of the | 5 | | United States for all periods of such service, provided
| 6 | | that the person returns to active employment within 90 days | 7 | | after
completion
of full time active duty, but no | 8 | | creditable service shall be allowed such
person for any | 9 | | period that can be used in the computation of a pension
or | 10 | | any other pay or benefit, other than pay for active duty, | 11 | | for service
in any branch of the armed forces of the United | 12 | | States. If necessary to
the computation of any benefit, the | 13 | | board shall establish municipality
credits for | 14 | | participating employees under this paragraph on the
| 15 | | assumption that the employee received earnings at the rate | 16 | | received at
the time he left the employment to enter the | 17 | | armed forces. A
participating employee in the armed forces | 18 | | shall not be considered an
employee during such period of | 19 | | service and no additional death and no
disability benefits | 20 | | are payable for death or disability during such period.
| 21 | | Any participating employee who left his employment | 22 | | with a
municipality or participating instrumentality to | 23 | | serve in the armed
forces of the United States and who | 24 | | again became a participating
employee within 90 days after | 25 | | completion of full time active duty by
entering the service | 26 | | of a different municipality or participating
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| 1 | | instrumentality, which has elected to allow creditable | 2 | | service for
periods of military service under the preceding | 3 | | paragraph, shall also be
allowed creditable service for his | 4 | | period of military service on the
same terms that would | 5 | | apply if he had been employed, before entering
military | 6 | | service, by the municipality or instrumentality which | 7 | | employed
him after he left the military service and the | 8 | | employer costs arising in
relation to such grant of | 9 | | creditable service shall be charged to and
paid by that | 10 | | municipality or instrumentality.
| 11 | | Notwithstanding the foregoing, any participating | 12 | | employee
shall be entitled to creditable service as | 13 | | required by any federal law
relating to re-employment | 14 | | rights of persons who served in the United States
Armed | 15 | | Services. Such creditable service shall be granted upon | 16 | | payment by
the member of an amount equal to the employee | 17 | | contributions which would
have been required had the | 18 | | employee continued in service at the same
rate of earnings | 19 | | during the military leave period, plus interest at
the | 20 | | effective rate.
| 21 | | 5.1. In addition to any creditable service established | 22 | | under
paragraph 5 of this subsection (a), creditable | 23 | | service may be granted for
up to 48 months of service in | 24 | | the armed forces of the United States.
| 25 | | In order to receive creditable service for military | 26 | | service under this
paragraph 5.1, a participating employee |
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| 1 | | must (1) apply to the Fund
in writing and provide evidence | 2 | | of the military service that is satisfactory
to the Board; | 3 | | (2) obtain the written approval of the current employer; | 4 | | and (3)
make contributions to the Fund equal to (i)
the | 5 | | employee contributions that would have been required had | 6 | | the service been
rendered as a member, plus (ii) an amount | 7 | | determined by the board to be equal
to the employer's | 8 | | normal cost of the benefits accrued for that military
| 9 | | service, plus (iii) interest on items (i) and (ii) from the | 10 | | date of first
membership in the Fund to the date of | 11 | | payment. The required interest shall be
calculated at the | 12 | | regular interest rate.
| 13 | | The changes made to this paragraph 5.1 by Public Acts | 14 | | 95-483 and 95-486
apply only to participating employees in | 15 | | service on or after August 28, 2007 (the effective date of | 16 | | those Public Acts).
| 17 | | 6. For out-of-state service: Creditable service shall | 18 | | be granted for
service rendered to an out-of-state local | 19 | | governmental body under the
following conditions: The | 20 | | employee had participated and has irrevocably
forfeited | 21 | | all rights to benefits in the out-of-state public employees
| 22 | | pension system; the governing body of his participating | 23 | | municipality or
instrumentality authorizes the employee to | 24 | | establish such service; the
employee has 2 years current | 25 | | service with this municipality or
participating | 26 | | instrumentality; the employee makes a payment of
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| 1 | | contributions, which shall be computed at 8% (normal) plus | 2 | | 2% (survivor)
times length of service purchased times the | 3 | | average rate of earnings for the
first 2
years of service | 4 | | with the municipality or participating
instrumentality | 5 | | whose governing body authorizes the service established
| 6 | | plus interest at the effective rate on the date such | 7 | | credits are
established, payable from the date the employee | 8 | | completes the required 2
years of current service to date | 9 | | of payment. In no case shall more than
120 months of | 10 | | creditable service be granted under this provision.
| 11 | | 7. For retroactive service: Any employee who could have | 12 | | but did not
elect to become a participating employee, or | 13 | | who should have been a
participant in the Municipal Public | 14 | | Utilities Annuity and Benefit Fund
before that fund was | 15 | | superseded, may receive creditable service for the
period | 16 | | of service not to exceed 50 months; however, a current or | 17 | | former
elected or appointed official of a participating | 18 | | municipality may establish credit under this paragraph 7 | 19 | | for more than 50
months of service as an official of that | 20 | | municipality, if the excess over 50 months is approved by | 21 | | resolution of the
governing body of the affected | 22 | | municipality filed with
the Fund before January 1, 2002.
| 23 | | Any employee who is a
participating employee on or | 24 | | after September 24, 1981 and who was
excluded from | 25 | | participation by the age restrictions removed by Public Act
| 26 | | 82-596 may receive creditable service for the period, on or |
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| 1 | | after January
1, 1979, excluded by the age restriction and, | 2 | | in addition, if the governing
body of the participating | 3 | | municipality or participating instrumentality elects
to | 4 | | allow creditable service for all employees excluded by the | 5 | | age restriction
prior to January 1, 1979, for service | 6 | | during the period prior to that date
excluded by the age | 7 | | restriction. Any employee who was excluded from
| 8 | | participation by the age restriction removed by Public Act | 9 | | 82-596 and who is
not a participating employee on or after | 10 | | September 24, 1981 may receive
creditable service for | 11 | | service after January 1,
1979. Creditable service under | 12 | | this paragraph
shall be granted upon payment of the | 13 | | employee contributions
which would have been required had | 14 | | he participated, with interest at the
effective rate for | 15 | | each year from the end of the period of service
established | 16 | | to date of payment.
| 17 | | 8. For accumulated unused sick leave: A participating | 18 | | employee who first becomes a participating employee before | 19 | | the effective date of this amendatory Act of the 98th | 20 | | General Assembly and who is
applying for a retirement | 21 | | annuity shall be entitled to creditable service
for that | 22 | | portion of the employee's accumulated unused sick leave
for | 23 | | which payment is not received, as follows:
| 24 | | a. Sick leave days shall be limited to those | 25 | | accumulated under a sick
leave plan established by a | 26 | | participating municipality or participating
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| 1 | | instrumentality which is available to all employees or | 2 | | a class of employees.
| 3 | | b. Except as provided in item b-1, only sick leave | 4 | | days accumulated with a participating municipality or
| 5 | | participating instrumentality with which the employee | 6 | | was in service within
60 days of the effective date of | 7 | | his retirement annuity shall be credited;
If the | 8 | | employee was in service with more than one employer | 9 | | during this
period only the sick leave days with the | 10 | | employer with which the employee
has the greatest | 11 | | number of unpaid sick leave days shall be considered.
| 12 | | b-1. If the employee was in the service of more | 13 | | than one employer as defined in item (2) of paragraph | 14 | | (a) of subsection (A) of Section 7-132, then the sick | 15 | | leave days from all such employers shall be credited, | 16 | | as long as the creditable service attributed to those | 17 | | sick leave days does not exceed the limitation in item | 18 | | f of this paragraph 8. In calculating the creditable | 19 | | service under this item b-1, the sick leave days from | 20 | | the last employer shall be considered first, then the | 21 | | remaining sick leave days shall be considered until | 22 | | there are no more days or the maximum creditable sick | 23 | | leave threshold under item f of this paragraph 8 has | 24 | | been reached.
| 25 | | c. The creditable service granted shall be | 26 | | considered solely for the
purpose of computing the |
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| 1 | | amount of the retirement annuity and shall not be
used | 2 | | to establish any minimum service period required by any | 3 | | provision of the
Illinois Pension Code, the effective | 4 | | date of the retirement annuity, or the
final rate of | 5 | | earnings.
| 6 | | d. The creditable service shall be at the rate of | 7 | | 1/20 of a month for
each full sick day, provided that | 8 | | no more than 12 months may be credited
under this | 9 | | subdivision 8.
| 10 | | e. Employee contributions shall not be required | 11 | | for creditable service
under this subdivision 8.
| 12 | | f. Each participating municipality and | 13 | | participating instrumentality
with which an employee | 14 | | has service within 60 days of the effective date of
his | 15 | | retirement annuity shall certify to the board the | 16 | | number of accumulated
unpaid sick leave days credited | 17 | | to the employee at the time of termination
of service.
| 18 | | 9. For service transferred from another system: | 19 | | Credits and
creditable service shall be granted for service | 20 | | under Article 3, 4, 5, 8, 14,
or 16 of this Act, to any | 21 | | active member of this Fund, and to any
inactive member who | 22 | | has been a county sheriff, upon
transfer of such credits | 23 | | pursuant to Section 3-110.3, 4-108.3, 5-235,
8-226.7,
| 24 | | 14-105.6, or 16-131.4, and payment by the member of the | 25 | | amount by
which (1) the employer and employee contributions | 26 | | that would have been required
if he had participated in |
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| 1 | | this Fund as a sheriff's law enforcement employee
during | 2 | | the period for which credit is
being transferred, plus | 3 | | interest thereon at the effective rate for each
year, | 4 | | compounded annually, from the date of termination of the | 5 | | service for
which credit is being transferred to the date | 6 | | of payment, exceeds (2) the
amount actually transferred to | 7 | | the Fund.
Such transferred service shall be deemed to be | 8 | | service as a sheriff's law
enforcement employee for the | 9 | | purposes of Section 7-142.1.
| 10 | | 10. For service transferred from an Article 3 system | 11 | | under Section 3-110.8: Credits and
creditable service | 12 | | shall be granted for service under Article 3 of this Act as | 13 | | provided in Section 3-110.8, to any active member of this | 14 | | Fund upon
transfer of such credits pursuant to Section | 15 | | 3-110.8. If the amount by
which (1) the employer and | 16 | | employee contributions that would have been required
if he | 17 | | had participated in this Fund during the period for which | 18 | | credit is
being transferred, plus interest thereon at the | 19 | | effective rate for each
year, compounded annually, from the | 20 | | date of termination of the service for
which credit is | 21 | | being transferred to the date of payment, exceeds (2) the
| 22 | | amount actually transferred to the Fund, then the amount of | 23 | | creditable service established under this paragraph 10 | 24 | | shall be reduced by a corresponding amount in accordance | 25 | | with the rules and procedures established under this | 26 | | paragraph 10.
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| 1 | | The board shall establish by rule the manner of making | 2 | | the calculation required under
this paragraph 10, taking | 3 | | into account the appropriate actuarial
assumptions; the | 4 | | member's service, age, and salary history; the level
of | 5 | | funding of the employer; and
any other factors that the | 6 | | board determines to be relevant.
| 7 | | Until January 1, 2010, members who transferred service | 8 | | from an Article 3 system under the provisions of Public Act | 9 | | 94-356 may establish additional credit in this Fund, but | 10 | | only up to the amount of the service credit reduction in | 11 | | that transfer, as calculated under the actuarial | 12 | | assumptions. This credit may be established upon payment by | 13 | | the member of an amount to be determined by the board, | 14 | | equal to (1) the amount that would have been contributed as | 15 | | employee and employer contributions had all the service | 16 | | been as an employee under this Article, plus interest | 17 | | thereon compounded annually from the date of service to the | 18 | | date of transfer, less (2) the total amount transferred | 19 | | from the Article 3 system, plus (3) interest on the | 20 | | difference at the effective rate for each year, compounded | 21 | | annually, from the date of the transfer to the date of | 22 | | payment. The additional service credit is allowed under | 23 | | this amendatory Act of the 95th General Assembly | 24 | | notwithstanding the provisions of Article 3 terminating | 25 | | all transferred credits on the date of transfer. | 26 | | (b) Creditable service - amount:
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| 1 | | 1. One month of creditable service
shall be allowed for | 2 | | each month for which a participating employee made
| 3 | | contributions as required under Section 7-173, or for which | 4 | | creditable
service is otherwise granted hereunder. Not | 5 | | more than 1 month of
service shall be credited and counted | 6 | | for 1 calendar month, and not more
than 1 year of service | 7 | | shall be credited and counted for any calendar
year. A | 8 | | calendar month means a nominal month beginning on the first | 9 | | day
thereof, and a calendar year means a year beginning | 10 | | January 1 and ending
December 31.
| 11 | | 2. A seasonal employee shall be given 12 months of | 12 | | creditable
service if he renders the number of months of | 13 | | service normally required
by the position in a 12-month | 14 | | period and he remains in service for the
entire 12-month | 15 | | period. Otherwise a fractional year of service in the
| 16 | | number of months of service rendered shall be credited.
| 17 | | 3. An intermittent employee shall be given creditable | 18 | | service for
only those months in which a contribution is | 19 | | made under Section 7-173.
| 20 | | (c) No application for correction of credits or creditable | 21 | | service shall
be considered unless the board receives an | 22 | | application for correction while
(1) the applicant is a | 23 | | participating employee and in active employment
with a | 24 | | participating municipality or instrumentality, or (2) while | 25 | | the
applicant is actively participating in a pension fund or | 26 | | retirement
system which is a participating system under the |
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| 1 | | Retirement Systems
Reciprocal Act. A participating employee or | 2 | | other applicant shall not be
entitled to credits or creditable | 3 | | service unless the required employee
contributions are made in | 4 | | a lump sum or in installments made in accordance
with board | 5 | | rule.
| 6 | | (d) Upon the granting of a retirement, surviving spouse or | 7 | | child
annuity, a death benefit or a separation benefit, on | 8 | | account of any
employee, all individual accumulated credits | 9 | | shall thereupon terminate.
Upon the withdrawal of additional | 10 | | contributions, the credits applicable
thereto shall thereupon | 11 | | terminate. Terminated credits shall not be applied
to increase | 12 | | the benefits any remaining employee would otherwise receive | 13 | | under
this Article.
| 14 | | (Source: P.A. 96-299, eff. 8-11-09; 97-415, eff. 8-16-11.)
| 15 | | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
| 16 | | Sec. 9-219. Computation of service.
| 17 | | (1) In computing the term of service of an employee prior | 18 | | to the effective
date, the entire period beginning on the date | 19 | | he was first appointed and
ending on the day before the | 20 | | effective date, except any intervening period
during which he | 21 | | was separated by withdrawal from service, shall be counted
for | 22 | | all purposes of this Article.
| 23 | | (2) In computing the term of service of any employee on or | 24 | | after the
effective date, the following periods of time shall | 25 | | be counted as periods
of service for age and service, widow's |
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| 1 | | and child's annuity purposes:
| 2 | | (a) The time during which he performed the duties of | 3 | | his position.
| 4 | | (b) Vacations, leaves of absence with whole or part | 5 | | pay, and leaves of
absence without pay not longer than 90 | 6 | | days.
| 7 | | (c) For an employee who is a member of a county police | 8 | | department or a
correctional officer with the county | 9 | | department of corrections, approved
leaves of absence | 10 | | without pay during which the
employee serves as a full-time | 11 | | officer or employee of an employee
association, the | 12 | | membership of which consists of other participants in the
| 13 | | Fund, provided that the employee contributes to the
Fund | 14 | | (1) the amount that he would have contributed had he | 15 | | remained an active
employee in the position he
occupied at | 16 | | the time the leave of absence was granted, (2) an amount | 17 | | calculated
by the Board representing employer | 18 | | contributions, and (3) regular interest
thereon from the | 19 | | date of service to the date of payment. However, if the
| 20 | | employee's application to establish credit under this | 21 | | subsection is received
by the Fund on or after July 1, 2002 | 22 | | and before July 1, 2003, the amount
representing employer | 23 | | contributions specified in item (2) shall be waived.
| 24 | | For a former member of a county police department who | 25 | | has received a
refund under Section 9-164, periods during | 26 | | which the employee serves as
head of an employee |
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| 1 | | association, the membership of which consists of other
| 2 | | police officers, provided that the employee contributes to | 3 | | the Fund (1) the
amount that he would have contributed had | 4 | | he remained an active member of
the county police | 5 | | department in the position he occupied at the time he
left | 6 | | service, (2) an amount calculated by the Board representing | 7 | | employer
contributions, and (3) regular interest thereon | 8 | | from the date of service to
the date of payment. However, | 9 | | if the former member of the county police
department | 10 | | retires on or after January 1, 1993 but no later than March | 11 | | 1,
1993, the amount representing employer contributions | 12 | | specified in item (2)
shall be waived.
| 13 | | For leaves of absence to which this item (c) applies | 14 | | and for other periods to which this item (c) applies, | 15 | | including those leaves of absence and other periods of | 16 | | service beginning before January 5, 2012 ( the effective | 17 | | date of Public Act 97-651) this amendatory Act of the 97th | 18 | | General Assembly , the employee or former member must | 19 | | continue to remain in sworn status, subject to the | 20 | | professional standards of the public employer or those | 21 | | terms established in statute.
| 22 | | (d) Any period of disability for which he received | 23 | | disability benefit or
whole or part pay.
| 24 | | (e) For a person who first becomes an employee before | 25 | | the effective date of this amendatory Act of the 98th | 26 | | General Assembly, accumulated Accumulated vacation or |
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| 1 | | other time for which an employee who
retires on or after | 2 | | November 1, 1990 receives a lump sum payment at the
time of | 3 | | retirement, provided that contributions were made to the | 4 | | fund at
the time such lump sum payment was received. The | 5 | | service granted for the
lump sum payment shall not change | 6 | | the employee's date of withdrawal for
computing the | 7 | | effective date of the annuity.
| 8 | | (f) An employee who first becomes an employee before | 9 | | the effective date of this amendatory Act of the 98th | 10 | | General Assembly may receive service credit for annuity | 11 | | purposes for
accumulated sick leave as of the date of the | 12 | | employee's withdrawal from
service, not to exceed a total | 13 | | of 180 days, provided that the amount of
such accumulated | 14 | | sick leave is certified by the County Comptroller to the
| 15 | | Board and the employee pays an amount equal to 8.5% (9% for | 16 | | members
of the County Police Department who are eligible to | 17 | | receive an annuity
under Section 9-128.1) of the amount | 18 | | that would have been paid had such
accumulated sick leave | 19 | | been paid at the employee's final rate of salary.
Such | 20 | | payment shall be made within 30 days after the date of | 21 | | withdrawal and
prior to receipt of the first annuity check. | 22 | | The service credit granted
for such accumulated sick leave | 23 | | shall not change the employee's date of
withdrawal for the | 24 | | purpose of computing the effective date of the annuity.
| 25 | | (3) In computing the term of service of an employee on or | 26 | | after the
effective date for ordinary disability benefit |
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| 1 | | purposes, the following
periods of time shall be counted as | 2 | | periods of service:
| 3 | | (a) Unless otherwise specified in Section 9-157, the | 4 | | time during which
he performed the duties of his position.
| 5 | | (b) Paid vacations and leaves of absence with whole or | 6 | | part pay.
| 7 | | (c) Any period for which he received duty disability | 8 | | benefit.
| 9 | | (d) Any period of disability for which he received | 10 | | whole or part pay.
| 11 | | (4) For an employee who on January 1, 1958, was transferred | 12 | | by Act
of the 70th General Assembly from his position in a | 13 | | department of welfare
of any city located in the county in | 14 | | which this Article is in force and
effect to a similar position | 15 | | in a department of such county, service shall
also be credited | 16 | | for ordinary disability benefit and child's annuity for
such | 17 | | period of department of welfare service during which period he | 18 | | was a
contributor to a statutory annuity and benefit fund in | 19 | | such city and for
which purposes service credit would otherwise | 20 | | not be credited by virtue of
such involuntary transfer.
| 21 | | (5) An employee described in subsection (e) of Section | 22 | | 9-108 shall receive
credit for child's annuity and ordinary | 23 | | disability benefit for the period of
time for which he was | 24 | | credited with service in the fund from which he was
| 25 | | involuntarily separated through class or group transfer; | 26 | | provided, that no such
credit shall be allowed to the extent |
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| 1 | | that it results in a duplication of
credits or benefits, and | 2 | | neither shall such credit be allowed to the extent
that it was | 3 | | or may be forfeited by the application for and acceptance of a
| 4 | | refund from the fund from which the employee was transferred.
| 5 | | (6) Overtime or extra service shall not be included in | 6 | | computing
service. Not more than 1 year of service shall be | 7 | | allowed for service
rendered during any calendar year.
| 8 | | (7) Unused sick or vacation time shall not be used to | 9 | | compute the service of an employee who first becomes an | 10 | | employee on or after the effective date of this amendatory Act | 11 | | of the 98th General Assembly. | 12 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 13 | | (40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
| 14 | | Sec. 9-220. Basis of service credit.
| 15 | | (a) In computing the period of service of any employee for | 16 | | annuity
purposes under Section 9-134, the following provisions | 17 | | shall govern:
| 18 | | (1) All periods prior to the effective date shall be | 19 | | computed in
accordance with the provisions governing the | 20 | | computation of such
service.
| 21 | | (2) Service on or after the effective date shall | 22 | | include:
| 23 | | (i) The actual period of time the employee | 24 | | contributes or has
contributed to the fund for service | 25 | | rendered to age 65 plus the actual
period of time after |
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| 1 | | age 65 for which the employee performs the duties of
| 2 | | his position or performs such duties and is given a | 3 | | county contribution for
age and service annuity or | 4 | | minimum annuity purposes.
| 5 | | (ii) Leaves of absence from duty, or vacation, for | 6 | | which an
employee receives all or part of his salary.
| 7 | | (iii) For a person who first becomes an employee | 8 | | before the effective date of this amendatory Act of the | 9 | | 98th General Assembly, accumulated Accumulated | 10 | | vacation or other time for which an employee who
| 11 | | retires on or after November 1, 1990 receives a lump | 12 | | sum payment at the
time of retirement, provided that | 13 | | contributions were made to the fund at
the time such | 14 | | lump sum payment was received. The service granted for | 15 | | the
lump sum payment shall not change the employee's | 16 | | date of withdrawal for
computing the effective date of | 17 | | the annuity.
| 18 | | (iv) For a person who first becomes an employee | 19 | | before the effective date of this amendatory Act of the | 20 | | 98th General Assembly, accumulated Accumulated sick | 21 | | leave as of the date of the employee's
withdrawal from | 22 | | service, not to exceed a total of 180 days, provided | 23 | | that
the amount of such accumulated sick leave is | 24 | | certified by the County
Comptroller to the Board and | 25 | | the employee pays an amount equal to 8.5% (9%
for | 26 | | members of the County Police Department who are |
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| 1 | | eligible to receive an
annuity under Section 9-128.1) | 2 | | of the amount that would have been paid had
such | 3 | | accumulated sick leave been paid at the employee's | 4 | | final rate of
salary. Such payment shall be made within | 5 | | 30 days after the date of
withdrawal and prior to | 6 | | receipt of the first annuity check. The service
credit | 7 | | granted for such accumulated sick leave shall not | 8 | | change the
employee's date of withdrawal for the | 9 | | purpose of computing the effective
date of the annuity.
| 10 | | (v) Periods during which the employee has had | 11 | | contributions for
annuity purposes made for him in | 12 | | accordance with law while on military
leave of absence | 13 | | during World War II.
| 14 | | (vi) Periods during which the employee receives a
| 15 | | disability benefit under this Article. | 16 | | (vii) For any person who first becomes a member on | 17 | | or after January 1, 2011, the actual period of time the | 18 | | employee contributes or has contributed to the fund for | 19 | | service rendered up to the limitation on salary in | 20 | | subsection (b-5) of Section 1-160 plus the actual | 21 | | period of time thereafter for which the employee | 22 | | performs the duties of his position and ceased | 23 | | contributing due to the salary limitation in | 24 | | subsection (b-5) of Section 1-160.
| 25 | | (3) The right to have certain periods of time
| 26 | | considered as service as stated in paragraph (2) of Section |
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| 1 | | 9-164 shall
not apply for annuity purposes unless the | 2 | | refunds shall have been repaid
in accordance with this | 3 | | Article.
| 4 | | (4) All service shall be computed
in whole calendar | 5 | | months, and at least 15 days of service in any one
calendar | 6 | | month shall constitute one calendar month of service, and 1
| 7 | | year of service shall be equal to the number of months, | 8 | | days or hours
for which an appropriation was made in the | 9 | | annual appropriation
ordinance for the position held by the | 10 | | employee.
| 11 | | (5) Unused sick or vacation time shall not be used to | 12 | | compute the service of an employee who first becomes an | 13 | | employee on or after the effective date of this amendatory | 14 | | Act of the 98th General Assembly. | 15 | | (b) For all other annuity purposes of this Article the | 16 | | following
schedule shall govern the computation of a year of | 17 | | service of an
employee whose salary or wages is on the basis | 18 | | stated, and any
fractional part of a year of service shall be | 19 | | determined according to
said schedule:
| 20 | | Annual or Monthly Basis: Service during 4 months in any 1 | 21 | | calendar
year;
| 22 | | Weekly Basis: Service during any 17 weeks of any 1 calendar | 23 | | year, and
service during any week shall constitute a week of | 24 | | service;
| 25 | | Daily Basis: Service during 100 days in any 1 calendar | 26 | | year, and
service during any day shall constitute a day of |
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| 1 | | service;
| 2 | | Hourly Basis: Service during 800 hours in any 1 calendar | 3 | | year, and
service during any hour shall constitute an hour of | 4 | | service.
| 5 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 6 | | (40 ILCS 5/14-104.3) (from Ch. 108 1/2, par. 14-104.3)
| 7 | | Sec. 14-104.3.
Notwithstanding provisions contained in
| 8 | | Section 14-103.10, any person who first becomes a member before | 9 | | the effective date of this amendatory Act of the 98th General | 10 | | Assembly and who at the time of retirement and after December
| 11 | | 6, 1983 receives compensation
in a lump sum for accumulated | 12 | | vacation, sickness, or personal business may
receive service | 13 | | credit for such periods by making contributions within 90
days | 14 | | of withdrawal, based on the rate of compensation in effect | 15 | | immediately
prior to retirement and the contribution rate then | 16 | | in effect. Any person who first becomes a member on or after | 17 | | the effective date of this amendatory Act of the 98th General | 18 | | Assembly and who receives compensation
in a lump sum for | 19 | | accumulated vacation, sickness, or personal business may
not | 20 | | receive service credit for such periods. Exercising
the option | 21 | | provided in
this Section shall not change a member's date of | 22 | | withdrawal or final average
compensation for purposes of | 23 | | computing the amount or effective date of a
retirement annuity. | 24 | | Any annuitant who establishes service credit as herein
provided | 25 | | shall have his retirement annuity adjusted retroactively to the
|
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| 1 | | date of retirement.
| 2 | | (Source: P.A. 83-1362.)
| 3 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
| 4 | | Sec. 14-106. Membership service credit.
| 5 | | (a) After January 1, 1944, all
service of a member since he | 6 | | last became a member with respect to which
contributions are | 7 | | made shall count as membership service; provided, that
for | 8 | | service on and after July 1, 1950, 12 months of service shall
| 9 | | constitute a year of membership service, the completion of 15 | 10 | | days or
more of service during any month shall constitute 1 | 11 | | month of membership
service, 8 to 15 days shall constitute 1/2 | 12 | | month of membership service
and less than 8 days shall | 13 | | constitute 1/4 month of membership service.
The payroll record | 14 | | of each department shall constitute conclusive
evidence of the | 15 | | record of service rendered by a member.
| 16 | | (b) For a member who is employed and paid on an | 17 | | academic-year basis
rather than on a 12-month annual basis, | 18 | | employment for a full academic year
shall constitute a full | 19 | | year of membership service, except that the member
shall not | 20 | | receive more than one year of membership service credit (plus | 21 | | any
additional service credit granted for unused sick leave) | 22 | | for service during
any 12-month period. This subsection (b) | 23 | | applies to all such service for which
the member has not begun | 24 | | to receive a retirement annuity before January 1,
2001.
| 25 | | (c) A person who first becomes a member before the |
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| 1 | | effective date of this amendatory Act of the 98th General | 2 | | Assembly shall be entitled to additional service credit, under
| 3 | | rules prescribed by the Board, for accumulated unused sick | 4 | | leave credited
to his account in the last Department on the | 5 | | date of withdrawal from
service or for any period for which he | 6 | | would have been eligible to receive
benefits under a sick pay | 7 | | plan authorized by law, if he had suffered a
sickness or | 8 | | accident on the date of withdrawal from service. It shall be | 9 | | the
responsibility of the last Department to certify to the | 10 | | Board the length of
time salary or benefits would have been | 11 | | paid to the member based upon the
accumulated unused sick leave | 12 | | or the applicable sick pay plan if he had
become entitled | 13 | | thereto because of sickness on the date that his status as
an | 14 | | employee terminated. This period of service credit granted | 15 | | under this
paragraph shall not be considered in determining the | 16 | | date the retirement
annuity is to begin, or final average | 17 | | compensation.
| 18 | | (d) A person who first becomes a member on or after the | 19 | | effective date of this amendatory Act of the 98th General | 20 | | Assembly shall not be entitled to additional service credit for | 21 | | accumulated unused sick leave. | 22 | | (Source: P.A. 92-14, eff. 6-28-01.)"; and
| 23 | | on page 17, below line 18, by inserting the following:
| 24 | | "(40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
|
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| 1 | | Sec. 15-112. Final rate of earnings. | 2 | | "Final rate of earnings": | 3 | | (a) This subsection (a) applies only to a person who first | 4 | | becomes a participant of any system before January 1, 2011. | 5 | |
For an employee who is paid on an hourly basis or who | 6 | | receives an annual salary
in installments during 12 months of | 7 | | each academic year, the average annual
earnings during the 48 | 8 | | consecutive calendar month period ending with the last
day of | 9 | | final termination of employment or the 4 consecutive academic | 10 | | years of
service in which the employee's earnings were the | 11 | | highest, whichever is
greater.
For any other employee, the | 12 | | average annual earnings during the 4 consecutive
academic years | 13 | | of service in which his or her earnings were the highest.
For | 14 | | an employee with less than 48 months or 4 consecutive academic | 15 | | years of
service, the average earnings during his or her entire | 16 | | period of service.
The earnings of an employee with more than | 17 | | 36 months of service prior to the
date of becoming a | 18 | | participant are, for such period, considered equal to the
| 19 | | average earnings during the last 36 months of such service. | 20 | | (b) This subsection (b) applies to a person to whom | 21 | | subsection (a) does not apply. | 22 | | For an employee who is paid on an hourly basis or who | 23 | | receives an annual salary in installments during 12 months of | 24 | | each academic year, the average annual earnings obtained by | 25 | | dividing by 8 the total earnings of the employee during the 96 | 26 | | consecutive months in which the total earnings were the highest |
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| 1 | | within the last 120 months prior to termination. | 2 | | For any other employee, the average annual earnings during | 3 | | the 8 consecutive academic years within the 10 years prior to | 4 | | termination in which the employee's earnings were the highest. | 5 | | For an employee with less than 96 consecutive months or 8 | 6 | | consecutive academic years of service, whichever is necessary, | 7 | | the average earnings during his or her entire period of | 8 | | service. | 9 | | (c) For an
employee on leave of absence with pay, or on | 10 | | leave of absence without pay
who makes contributions during | 11 | | such leave, earnings are assumed to be equal
to the basic | 12 | | compensation on the date the leave began. | 13 | | (d) For an employee on
disability leave, earnings are | 14 | | assumed to be equal to the basic compensation
on the date | 15 | | disability occurs or the average earnings during the 24 months
| 16 | | immediately preceding the month in which disability occurs, | 17 | | whichever is
greater.
| 18 | | (e) For a participant who retires on or after the effective | 19 | | date of this
amendatory Act of 1997 with at least 20 years of | 20 | | service as a firefighter or
police officer under this Article, | 21 | | the final rate of earnings shall be the
annual rate of earnings | 22 | | received by the participant on his or her last day as a
| 23 | | firefighter or police officer under this Article, if that is | 24 | | greater than the
final rate of earnings as calculated under the | 25 | | other provisions of this
Section.
| 26 | | (f) If a participant to whom subsection (a) of this Section |
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| 1 | | applies is an employee for at least
6 months during the | 2 | | academic year in which his or her employment
is terminated, the | 3 | | annual final rate of earnings shall be 25% of the sum
of (1) | 4 | | the annual basic compensation for that year, and (2) the amount
| 5 | | earned during the 36 months immediately preceding that year, if | 6 | | this is
greater than the final rate of earnings as calculated | 7 | | under the other
provisions of this Section.
| 8 | | (g) In the determination of the final rate of earnings for | 9 | | an employee, that
part of an employee's earnings for any | 10 | | academic year beginning after June 30,
1997, which exceeds the | 11 | | employee's earnings with that employer for the
preceding year | 12 | | by more than 20 percent shall be excluded; in the event
that an | 13 | | employee has more than one employer
this limitation shall be | 14 | | calculated separately for the earnings with
each employer. In | 15 | | making such calculation, only the basic compensation of
| 16 | | employees shall be considered, without regard to vacation or | 17 | | overtime or to
contracts for summer employment.
| 18 | | (h) The following are not considered as earnings in | 19 | | determining final rate of
earnings: (1) severance or separation | 20 | | pay, (2) retirement pay, (3)
payment for unused sick leave, and | 21 | | (4) payments from an employer for
the period used in | 22 | | determining final rate of earnings for any purpose other
than | 23 | | (i) services rendered, (ii) leave of absence or vacation | 24 | | granted
during that period, and (iii) vacation of up to 56 work | 25 | | days allowed upon
termination of employment; except that, if | 26 | | the benefit has been collectively
bargained between the |
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| 1 | | employer and the recognized collective bargaining agent
| 2 | | pursuant to the Illinois Educational Labor Relations Act, | 3 | | payment received
during a period of up to 2 academic years for | 4 | | unused sick leave may be
considered as earnings in accordance | 5 | | with the applicable collective bargaining
agreement, subject | 6 | | to the 20% increase limitation of this Section , and if the | 7 | | person first becomes a participant on or after the effective | 8 | | date of this amendatory Act of the 98th General Assembly, | 9 | | payments for unused sick or vacation time shall not be | 10 | | considered as earnings . Any unused
sick leave considered as | 11 | | earnings under this Section shall not be taken into
account in | 12 | | calculating service credit under Section 15-113.4.
| 13 | | (i) Intermittent periods of service shall be considered as | 14 | | consecutive in
determining final rate of earnings.
| 15 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 16 | | (40 ILCS 5/15-113.4) (from Ch. 108 1/2, par. 15-113.4)
| 17 | | Sec. 15-113.4. Service for unused sick leave. "Service for | 18 | | unused
sick leave": A person who first becomes a participant | 19 | | before the effective date of this amendatory Act of the 98th | 20 | | General Assembly and who is an employee under this System or | 21 | | one of
the other systems subject to Article 20 of this Code | 22 | | within 60 days
immediately preceding the date on which his or | 23 | | her retirement annuity
begins, is entitled to credit for | 24 | | service for that portion of unused sick
leave earned in the | 25 | | course of employment with an employer and credited on
the date |
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| 1 | | of termination of employment by an employer for which payment | 2 | | is
not received, in accordance with the following schedule: 30 | 3 | | through 90
full calendar days and 20 through 59 full work days | 4 | | of unused sick leave,
1/4 of a year of service; 91 through 180 | 5 | | full calendar days and 60 through
119 full work days, 1/2 of a | 6 | | year of service; 181 through 270 full calendar
days and 120 | 7 | | through 179 full work days, 3/4 of a year of service; 271
| 8 | | through 360 full calendar days and 180 through 240 full work | 9 | | days, one year
of service.
Only uncompensated, unused sick | 10 | | leave earned in accordance with an
employer's sick leave | 11 | | accrual policy generally applicable to employees or a
class of | 12 | | employees shall be taken into account in calculating service | 13 | | credit
under this Section. Any uncompensated, unused sick leave | 14 | | granted by an
employer to facilitate the hiring, retirement, | 15 | | termination, or other special
circumstances of an employee | 16 | | shall not be taken into account in calculating
service credit | 17 | | under this Section.
If a participant transfers from one | 18 | | employer to another, the
unused sick leave credited by the | 19 | | previous employer shall be considered in
determining service to | 20 | | be credited under this Section, even if the
participant | 21 | | terminated service prior to the effective date of P.A. 86-272
| 22 | | (August 23, 1989); if necessary, the retirement annuity shall | 23 | | be
recalculated to reflect such sick leave credit. Each | 24 | | employer shall
certify to the board the number of days of | 25 | | unused sick leave accrued to the
participant's credit on the | 26 | | date that the participant's status as an
employee terminated. |
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| 1 | | This period of unused sick leave shall not be
considered in | 2 | | determining the date the retirement annuity begins. A person | 3 | | who first becomes a participant on or after the effective date | 4 | | of this amendatory Act of the 98th General Assembly shall not | 5 | | receive service credit for unused sick leave.
| 6 | | (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.)"; and
| 7 | | on page 21, below line 19, by inserting the following:
| 8 | | "(40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121)
| 9 | | Sec. 16-121. Salary. "Salary": The actual compensation | 10 | | received by a teacher during any
school year and recognized by | 11 | | the system in accordance with
rules of the board. For purposes | 12 | | of this Section, "school year" includes
the regular school term | 13 | | plus any additional period for which a teacher is
compensated | 14 | | and such compensation is recognized by the rules of the board. | 15 | | In the case of a person who first becomes a member on or after | 16 | | the effective date of this amendatory Act of the 98th General | 17 | | Assembly, "salary" shall not include any payment for unused | 18 | | sick or vacation time.
| 19 | | (Source: P.A. 84-1028.)
| 20 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
| 21 | | Sec. 16-127. Computation of creditable service.
| 22 | | (a) Each member shall receive regular credit for all
| 23 | | service as a teacher from the date membership begins, for which
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| 1 | | satisfactory evidence is supplied and all contributions have | 2 | | been paid.
| 3 | | (b) The following periods of service shall earn optional | 4 | | credit and
each member shall receive credit for all such | 5 | | service for which
satisfactory evidence is supplied and all | 6 | | contributions have been paid as
of the date specified:
| 7 | | (1) Prior service as a teacher.
| 8 | | (2) Service in a capacity essentially similar or | 9 | | equivalent to that of a
teacher, in the public common | 10 | | schools in school districts in this State not
included | 11 | | within the provisions of this System, or of any other | 12 | | State,
territory, dependency or possession of the United | 13 | | States, or in schools
operated by or under the auspices of | 14 | | the United States, or under the
auspices of any agency or | 15 | | department of any other State, and service during
any | 16 | | period of professional speech correction or special | 17 | | education
experience for a public agency within this State | 18 | | or any other State,
territory, dependency or possession of | 19 | | the United States, and service prior
to February 1, 1951 as | 20 | | a recreation worker for the Illinois Department of
Public | 21 | | Safety, for a period not exceeding the lesser of 2/5 of the | 22 | | total
creditable service of the member or 10 years. The | 23 | | maximum service of 10
years which is allowable under this | 24 | | paragraph shall be reduced by the
service credit which is | 25 | | validated by other retirement systems under
paragraph (i) | 26 | | of Section 15-113 and paragraph 1 of Section 17-133. Credit
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| 1 | | granted under this paragraph may not be used in | 2 | | determination of a
retirement annuity or disability | 3 | | benefits unless the member has at least 5
years of | 4 | | creditable service earned subsequent to this employment | 5 | | with one
or more of the following systems: Teachers' | 6 | | Retirement System of the State
of Illinois, State | 7 | | Universities Retirement System, and the Public School
| 8 | | Teachers' Pension and Retirement Fund of Chicago. Whenever | 9 | | such service
credit exceeds the maximum allowed for all | 10 | | purposes of this Article, the
first service rendered in | 11 | | point of time shall be considered.
The changes to this | 12 | | subdivision (b)(2) made by Public Act 86-272 shall
apply | 13 | | not only to persons who on or after its effective date | 14 | | (August 23,
1989) are in service as a teacher under the | 15 | | System, but also to persons
whose status as such a teacher | 16 | | terminated prior to such effective date,
whether or not | 17 | | such person is an annuitant on that date.
| 18 | | (3) Any periods immediately following teaching | 19 | | service, under this
System or under Article 17, (or | 20 | | immediately following service prior to
February 1, 1951 as | 21 | | a recreation worker for the Illinois Department of
Public | 22 | | Safety) spent in active service with the military forces of | 23 | | the
United States; periods spent in educational programs | 24 | | that prepare for
return to teaching sponsored by the | 25 | | federal government following such
active military service; | 26 | | if a teacher returns to teaching service within
one |
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| 1 | | calendar year after discharge or after the completion of | 2 | | the
educational program, a further period, not exceeding | 3 | | one calendar year,
between time spent in military service | 4 | | or in such educational programs and
the return to | 5 | | employment as a teacher under this System; and a period of | 6 | | up
to 2 years of active military service not immediately | 7 | | following employment
as a teacher.
| 8 | | The changes to this Section and Section 16-128 relating | 9 | | to military
service made by P.A. 87-794 shall apply not | 10 | | only to persons who on or after its
effective date are in | 11 | | service as a teacher under the System, but also to
persons | 12 | | whose status as a teacher terminated prior to that date, | 13 | | whether or not
the person is an annuitant on that date. In | 14 | | the case of an annuitant who
applies for credit allowable | 15 | | under this Section for a period of military
service that | 16 | | did not immediately follow employment, and who has made the
| 17 | | required contributions for such credit, the annuity shall | 18 | | be recalculated to
include the additional service credit, | 19 | | with the increase taking effect on the
date the System | 20 | | received written notification of the annuitant's intent to
| 21 | | purchase the credit, if payment of all the required | 22 | | contributions is made
within 60 days of such notice, or | 23 | | else on the first annuity payment date
following the date | 24 | | of payment of the required contributions. In calculating
| 25 | | the automatic annual increase for an annuity that has been | 26 | | recalculated under
this Section, the increase attributable |
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| 1 | | to the additional service allowable
under P.A. 87-794 shall | 2 | | be included in the calculation of automatic annual
| 3 | | increases accruing after the effective date of the | 4 | | recalculation.
| 5 | | Credit for military service shall be determined as | 6 | | follows: if entry
occurs during the months of July, August, | 7 | | or September and the member was a
teacher at the end of the | 8 | | immediately preceding school term, credit shall
be granted | 9 | | from July 1 of the year in which he or she entered service; | 10 | | if
entry occurs during the school term and the teacher was | 11 | | in teaching service
at the beginning of the school term, | 12 | | credit shall be granted from July 1 of
such year. In all | 13 | | other cases where credit for military service is allowed,
| 14 | | credit shall be granted from the date of entry into the | 15 | | service.
| 16 | | The total period of military service for which credit | 17 | | is granted shall
not exceed 5 years for any member unless | 18 | | the service: (A) is validated
before July 1, 1964, and (B) | 19 | | does not extend beyond July 1, 1963. Credit
for military | 20 | | service shall be granted under this Section only if not | 21 | | more
than 5 years of the military service for which credit | 22 | | is granted under this
Section is used by the member to | 23 | | qualify for a military retirement
allotment from any branch | 24 | | of the armed forces of the United States. The
changes to | 25 | | this subdivision (b)(3) made by Public Act 86-272 shall | 26 | | apply
not only to persons who on or after its effective |
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| 1 | | date (August 23, 1989)
are in service as a teacher under | 2 | | the System, but also to persons whose
status as such a | 3 | | teacher terminated prior to such effective date, whether
or | 4 | | not such person is an annuitant on that date.
| 5 | | (4) Any periods served as a member of the General | 6 | | Assembly.
| 7 | | (5)(i) Any periods for which a teacher, as defined in | 8 | | Section
16-106, is granted a leave of absence, provided he | 9 | | or she returns to teaching
service creditable under this | 10 | | System or the State Universities Retirement
System | 11 | | following the leave; (ii) periods during which a teacher is
| 12 | | involuntarily laid off from teaching, provided he or she | 13 | | returns to teaching
following the lay-off; (iii) periods | 14 | | prior to July 1, 1983 during which
a teacher ceased covered | 15 | | employment due to pregnancy, provided that the teacher
| 16 | | returned to teaching service creditable under this System | 17 | | or the State
Universities Retirement System following the | 18 | | pregnancy and submits evidence
satisfactory to the Board | 19 | | documenting that the employment ceased due to
pregnancy; | 20 | | and (iv) periods prior to July 1, 1983 during which a | 21 | | teacher
ceased covered employment for the purpose of | 22 | | adopting an infant under 3 years
of age or caring for a | 23 | | newly adopted infant under 3 years of age, provided that
| 24 | | the teacher returned to teaching service creditable under | 25 | | this System or the
State Universities Retirement System | 26 | | following the adoption and submits
evidence satisfactory |
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| 1 | | to the Board documenting that the employment ceased for
the | 2 | | purpose of adopting an infant under 3 years of age or | 3 | | caring for a newly
adopted infant under 3 years of age. | 4 | | However, total credit under this
paragraph (5) may not | 5 | | exceed 3 years.
| 6 | | Any qualified member or annuitant may apply for credit | 7 | | under item (iii)
or (iv) of this paragraph (5) without | 8 | | regard to whether service was
terminated before the | 9 | | effective date of this amendatory Act of 1997. In the case | 10 | | of an annuitant who establishes credit under item (iii)
or | 11 | | (iv), the annuity shall be recalculated to include the | 12 | | additional
service credit. The increase in annuity shall | 13 | | take effect on the date the
System receives written | 14 | | notification of the annuitant's intent to purchase the
| 15 | | credit, if the required evidence is submitted and the | 16 | | required contribution
paid within 60 days of that | 17 | | notification, otherwise on the first annuity
payment date | 18 | | following the System's receipt of the required evidence and
| 19 | | contribution. The increase in an annuity recalculated | 20 | | under this provision
shall be included in the calculation | 21 | | of automatic annual increases in the
annuity accruing after | 22 | | the effective date of the recalculation.
| 23 | | Optional credit may be purchased under this subsection | 24 | | (b)(5) for
periods during which a teacher has been granted | 25 | | a leave of absence pursuant
to Section 24-13 of the School | 26 | | Code. A teacher whose service under this
Article terminated |
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| 1 | | prior to the effective date of P.A. 86-1488 shall be
| 2 | | eligible to purchase such optional credit. If a teacher who | 3 | | purchases this
optional credit is already receiving a | 4 | | retirement annuity under this Article,
the annuity shall be | 5 | | recalculated as if the annuitant had applied for the leave
| 6 | | of absence credit at the time of retirement. The difference | 7 | | between the
entitled annuity and the actual annuity shall | 8 | | be credited to the purchase of
the optional credit. The | 9 | | remainder of the purchase cost of the optional credit
shall | 10 | | be paid on or before April 1, 1992.
| 11 | | The change in this paragraph made by Public Act 86-273 | 12 | | shall
be applicable to teachers who retire after June 1, | 13 | | 1989, as well as to
teachers who are in service on that | 14 | | date.
| 15 | | (6) For a person who first becomes a member before the | 16 | | effective date of this amendatory Act of the 98th General | 17 | | Assembly, any Any days of unused and uncompensated | 18 | | accumulated sick leave earned
by a teacher. The service | 19 | | credit granted under this paragraph shall be the
ratio of | 20 | | the number of unused and uncompensated accumulated sick | 21 | | leave days
to 170 days, subject to a maximum of 2 years of | 22 | | service
credit. Prior to the member's retirement, each | 23 | | former employer shall
certify to the System the number of | 24 | | unused and uncompensated accumulated
sick leave days | 25 | | credited to the member at the time of termination of | 26 | | service.
The period of unused sick leave shall not be |
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| 1 | | considered in determining
the effective date of | 2 | | retirement. A member is not required to make
contributions | 3 | | in order to obtain service credit for unused sick leave.
| 4 | | Credit for sick leave shall, at retirement, be granted | 5 | | by the System
for any retiring regional or assistant | 6 | | regional superintendent of schools
who first becomes a | 7 | | member before the effective date of this amendatory Act of | 8 | | the 98th General Assembly at the rate of 6 days per year of | 9 | | creditable service or portion thereof
established while | 10 | | serving as such superintendent or assistant
| 11 | | superintendent.
| 12 | | (7) Periods prior to February 1, 1987 served as an | 13 | | employee of the
Illinois Mathematics and Science Academy | 14 | | for which credit has not been
terminated under Section | 15 | | 15-113.9 of this Code.
| 16 | | (8) Service as a substitute teacher for work performed
| 17 | | prior to July 1, 1990.
| 18 | | (9) Service as a part-time teacher for work performed
| 19 | | prior to July 1, 1990.
| 20 | | (10) Up to 2 years of employment with Southern Illinois | 21 | | University -
Carbondale from September 1, 1959 to August | 22 | | 31, 1961, or with Governors
State University from September | 23 | | 1, 1972 to August 31, 1974, for which the
teacher has no | 24 | | credit under Article 15. To receive credit under this item
| 25 | | (10), a teacher must apply in writing to the Board and pay | 26 | | the required
contributions before May 1, 1993 and have at |
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| 1 | | least 12 years of service
credit under this Article.
| 2 | | (b-1) A member may establish optional credit for up to 2 | 3 | | years of service
as a teacher or administrator employed by a | 4 | | private school recognized by the
Illinois State Board of | 5 | | Education, provided that the teacher (i) was certified
under | 6 | | the law governing the certification of teachers at the time the | 7 | | service
was rendered, (ii) applies in writing on or after | 8 | | August 1, 2009 and on or before
August 1, 2012, (iii) supplies | 9 | | satisfactory evidence of the employment, (iv)
completes at | 10 | | least 10 years of contributing service as a teacher as defined | 11 | | in
Section 16-106, and (v) pays the contribution required in | 12 | | subsection (d-5) of
Section 16-128. The member may apply for | 13 | | credit under this subsection and pay
the required contribution | 14 | | before completing the 10 years of contributing
service required | 15 | | under item (iv), but the credit may not be used until the
item | 16 | | (iv) contributing service requirement has been met.
| 17 | | (c) The service credits specified in this Section shall be | 18 | | granted only
if: (1) such service credits are not used for | 19 | | credit in any other statutory
tax-supported public employee | 20 | | retirement system other than the federal Social
Security | 21 | | program; and (2) the member makes the required contributions as
| 22 | | specified in Section 16-128. Except as provided in subsection | 23 | | (b-1) of
this Section, the service credit shall be effective as | 24 | | of the date the
required contributions are completed.
| 25 | | Any service credits granted under this Section shall | 26 | | terminate upon
cessation of membership for any cause.
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| 1 | | Credit may not be granted under this Section covering any | 2 | | period for
which an age retirement or disability retirement | 3 | | allowance has been paid.
| 4 | | (Source: P.A. 96-546, eff. 8-17-09.)
| 5 | | (40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116)
| 6 | | Sec. 17-116. Service retirement pension.
| 7 | | (a) Each teacher having 20 years of service upon attainment | 8 | | of age 55,
or who thereafter attains age 55 shall be entitled | 9 | | to a service retirement
pension upon or after attainment of age | 10 | | 55; and each teacher in service on or
after July 1, 1971, with | 11 | | 5 or more but less than 20 years of service shall be
entitled | 12 | | to receive a service retirement pension upon or after | 13 | | attainment of
age 62.
| 14 | | (b) The service retirement pension
for a teacher who | 15 | | retires on or after June 25, 1971, at age
60 or over, shall be | 16 | | calculated as follows:
| 17 | | (1) For creditable service earned before July 1, 1998 | 18 | | that has not been
augmented under Section 17-119.1: 1.67% | 19 | | for each of the first 10 years
of service; 1.90% for each | 20 | | of the next 10 years of service; 2.10% for
each year of | 21 | | service in excess of 20 but not exceeding 30; and 2.30% for
| 22 | | each year of service in excess of 30, based upon average | 23 | | salary as
herein defined.
| 24 | | (2) For creditable service earned on or after July 1, | 25 | | 1998 by a member
who has at least 30 years of creditable |
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| 1 | | service on July 1, 1998 and who does
not elect to augment | 2 | | service under Section 17-119.1: 2.3% of average salary
for | 3 | | each year of creditable service earned on or after July 1, | 4 | | 1998.
| 5 | | (3) For all other creditable service: 2.2% of average | 6 | | salary
for each year of creditable service.
| 7 | | (c) When computing such service retirement pensions, the
| 8 | | following conditions shall apply:
| 9 | | 1. Average salary shall consist of the average annual | 10 | | rate of salary
for the 4 consecutive years of validated | 11 | | service within the last 10 years
of service when such | 12 | | average annual rate was highest. In the determination
of | 13 | | average salary for retirement allowance purposes, for | 14 | | members who
commenced employment after August 31, 1979, | 15 | | that part of the salary for any
year shall be excluded | 16 | | which exceeds the annual full-time salary rate for
the | 17 | | preceding year by more than 20%. In the case of a member | 18 | | who commenced
employment before August 31, 1979 and who | 19 | | receives salary during any year
after September 1, 1983 | 20 | | which exceeds the annual full time salary rate for
the | 21 | | preceding year by more than 20%,
an Employer and other | 22 | | employers of
eligible contributors as defined in Section | 23 | | 17-106
shall pay to the Fund an amount equal to the present | 24 | | value of the
additional service retirement pension | 25 | | resulting from such excess salary.
The present value of the | 26 | | additional service retirement pension shall be
computed by |
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| 1 | | the Board on the basis of actuarial tables adopted by the
| 2 | | Board. If a member elects to receive a pension from this | 3 | | Fund
provided by
Section 20-121, his salary under the State | 4 | | Universities Retirement System
and the Teachers' | 5 | | Retirement System of the State of Illinois shall be
| 6 | | considered in determining such average salary. Amounts | 7 | | paid after the
effective date of this amendatory Act of | 8 | | 1991 for unused vacation time
earned after that effective | 9 | | date shall not under any circumstances be
included in the | 10 | | calculation of average salary or the annual rate of salary
| 11 | | for the purposes of this Article.
| 12 | | 2. Proportionate credit shall be given for validated | 13 | | service of less
than one year.
| 14 | | 3. For retirement at age 60 or over the pension shall | 15 | | be payable at
the full rate.
| 16 | | 4. For separation from service below age 60 to a | 17 | | minimum age of 55,
the pension shall be discounted at the | 18 | | rate of 1/2 of one per cent for
each month that the age of | 19 | | the contributor is less than 60, but a
teacher may elect to | 20 | | defer the effective date of pension in order to
eliminate | 21 | | or reduce this discount. This discount shall not be | 22 | | applicable
to any participant who has at least 34 years of | 23 | | service or a
retirement pension of at least 74.6% of | 24 | | average salary on the date the
retirement annuity begins.
| 25 | | 5. No additional pension shall be granted for service | 26 | | exceeding 45
years. Beginning June 26, 1971 no pension |
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| 1 | | shall exceed the greater of
$1,500 per month or 75% of | 2 | | average salary as herein defined.
| 3 | | 6. Service retirement pensions shall begin on the | 4 | | effective date of
resignation, retirement, the day | 5 | | following the close of the payroll
period for which service | 6 | | credit was validated, or the time the person
resigning or | 7 | | retiring attains age 55, or on a date elected by the
| 8 | | teacher, whichever shall be latest.
| 9 | | 7. A member who is eligible to receive a retirement | 10 | | pension of at least
74.6% of average salary and will attain | 11 | | age 55 on or before December 31
during the year which | 12 | | commences on July 1 shall be deemed to attain age 55 on
the | 13 | | preceding June 1.
| 14 | | 8. A member retiring after the effective date of this | 15 | | amendatory Act
of 1998 shall receive a pension equal to 75% | 16 | | of average salary if the
member is qualified to receive a | 17 | | retirement pension equal to at least 74.6%
of average | 18 | | salary under this Article or as proportional annuities | 19 | | under
Article 20 of this Code.
| 20 | | 9. In the case of a person who first becomes a | 21 | | participant on or after the effective date of this | 22 | | amendatory Act of the 98th General Assembly, payments for | 23 | | unused sick or vacation time shall not be used in the | 24 | | calculation of average salary. | 25 | | (Source: P.A. 90-566, eff. 1-2-98; 90-582, eff. 5-27-98.)
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| 1 | | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| 2 | | Sec. 17-134. Contributions for leaves of absence; military | 3 | | service;
computing service. In computing service for pension | 4 | | purposes the following
periods of service shall stand in lieu | 5 | | of a like number of years of teaching
service upon payment | 6 | | therefor in the manner hereinafter provided: (a) time
spent on | 7 | | a leave of absence granted by the
employer;
(b) service with | 8 | | teacher or labor organizations based upon special
leaves of | 9 | | absence therefor granted by an Employer; (c) a maximum of 5 | 10 | | years
spent in the military service of the United States, of | 11 | | which up to 2 years
may have been served outside the pension | 12 | | period; (d) unused sick days at
termination of service to a | 13 | | maximum of 244 days; (e) time lost due
to layoff and | 14 | | curtailment of the school term from June 6 through June 21, | 15 | | 1976;
and (f) time spent after June 30, 1982 as a member of the | 16 | | Board of Education,
if required to resign from an | 17 | | administrative or teaching position in order to
qualify as a | 18 | | member of the Board of Education.
| 19 | | (1) For time spent on or after September 6, 1948 on | 20 | | sabbatical
leaves of absence or sick leaves, for which | 21 | | salaries are paid, an Employer
shall make payroll | 22 | | deductions at the applicable rates in effect
during such | 23 | | periods.
| 24 | | (2) For time spent on a leave of absence granted by the | 25 | | employer for which no salaries are paid,
teachers desiring | 26 | | credit therefor shall pay the required contributions at the
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| 1 | | rates in effect during such periods as though they were in | 2 | | teaching service.
If an Employer pays salary for vacations | 3 | | which occur during a teacher's sick
leave or maternity or | 4 | | paternity leave without salary, vacation pay for which
the | 5 | | teacher would have qualified while in active service shall | 6 | | be considered
part of the teacher's total salary for | 7 | | pension purposes. No more than 36 months of leave credit | 8 | | may be
allowed any person during the entire term of | 9 | | service. Sabbatical leave credit
shall be limited to the | 10 | | time the person on leave without salary under an
Employer's | 11 | | rules is allowed to engage in an activity for which he | 12 | | receives
salary or compensation.
| 13 | | (3) For time spent prior to September 6, 1948, on | 14 | | sabbatical
leaves of absence or sick leaves for which | 15 | | salaries were paid, teachers
desiring service credit | 16 | | therefor shall pay the required contributions at the
| 17 | | maximum applicable rates in effect during such periods.
| 18 | | (4) For service with teacher or labor organizations | 19 | | authorized by special
leaves of absence, for which no | 20 | | payroll deductions are made by an Employer,
teachers | 21 | | desiring service credit therefor shall contribute to the | 22 | | Fund upon
the basis of the actual salary received from such | 23 | | organizations at the
percentage rates in effect during such | 24 | | periods for certified positions with
such Employer. To the | 25 | | extent the actual salary exceeds the regular salary,
which | 26 | | shall be defined as the salary rate, as calculated by the |
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| 1 | | Board, in
effect for the teacher's regular position in | 2 | | teaching service on September 1,
1983 or on the effective | 3 | | date of the leave with the organization, whichever is
| 4 | | later, the organization shall pay to the Fund the | 5 | | employer's normal cost as set
by the Board on the | 6 | | increment. Notwithstanding any other provision of this | 7 | | subdivision (4), teachers are only eligible for credit for | 8 | | service under this subdivision (4) if the special leave of | 9 | | absence begins before January 5, 2012 ( the effective date | 10 | | of Public Act 97-651) this amendatory Act of the 97th | 11 | | General Assembly .
| 12 | | (5) For time spent in the military service, teachers | 13 | | entitled to and
desiring credit therefor shall contribute | 14 | | the amount required for each year
of service or fraction | 15 | | thereof at the rates in force (a) at the date of
| 16 | | appointment, or (b) on return to teaching service as a | 17 | | regularly certified
teacher, as the case may be; provided | 18 | | such rates shall not be less than $450
per year of service. | 19 | | These conditions shall apply unless an Employer elects
to | 20 | | and does pay into the Fund the amount which would have been | 21 | | due from such
person had he been employed as a teacher | 22 | | during such time. In the case of
credit for military | 23 | | service not during the pension period, the teacher must
| 24 | | also pay to the Fund an amount determined by the Board to | 25 | | be equal to the
employer's normal cost of the benefits | 26 | | accrued from such service, plus interest
thereon at 5% per |
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| 1 | | year, compounded annually, from the date of appointment to
| 2 | | the date of payment.
| 3 | | The changes to this Section made by Public Act 87-795 | 4 | | shall apply
not only to persons who on or after its | 5 | | effective
date are in service under the Fund, but also to | 6 | | persons whose status as a
teacher terminated prior to that | 7 | | date, whether or not the person is an
annuitant on that | 8 | | date. In the case of an annuitant who applies for credit
| 9 | | allowable under this Section for a period of military | 10 | | service that did not
immediately follow employment, and who | 11 | | has made the required contributions for
such credit, the | 12 | | annuity shall be recalculated to include the additional
| 13 | | service credit, with the increase taking effect on the date | 14 | | the Fund received
written notification of the annuitant's | 15 | | intent to purchase the credit, if
payment of all the | 16 | | required contributions is made within 60 days of such
| 17 | | notice, or else on the first annuity payment date following | 18 | | the date of
payment of the required contributions. In | 19 | | calculating the automatic annual
increase for an annuity | 20 | | that has been recalculated under this Section, the
increase | 21 | | attributable to the additional service allowable under | 22 | | this
amendatory Act of 1991 shall be included in the | 23 | | calculation of automatic
annual increases accruing after | 24 | | the effective date of the recalculation.
| 25 | | The total credit for military service shall not exceed | 26 | | 5 years, except
that any teacher who on July 1, 1963, had |
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| 1 | | validated credit for more than 5
years of military service | 2 | | shall be entitled to the total amount of such credit.
| 3 | | (6) For persons who first become teachers before the | 4 | | effective date of this amendatory Act of the 98th General | 5 | | Assembly, a A maximum of 244 unused sick days credited to | 6 | | his account
by an Employer on the date of termination of | 7 | | employment. Members, upon
verification of unused sick | 8 | | days, may add this service time to total creditable
| 9 | | service.
| 10 | | (7) In all cases where time spent on leave is | 11 | | creditable and
no payroll deductions therefor are made by | 12 | | an Employer, persons
desiring service credit shall make the | 13 | | required contributions directly to
the Fund.
| 14 | | (8) For time lost without pay due to layoff and | 15 | | curtailment of
the school term from June 6 through June 21, | 16 | | 1976, as provided in item (e) of
the first paragraph of | 17 | | this Section, persons who were contributors on
the days | 18 | | immediately preceding such layoff shall receive credit | 19 | | upon
paying to the Fund a contribution based on the rates | 20 | | of compensation and
employee contributions in effect at the | 21 | | time of such layoff, together
with an additional amount | 22 | | equal to 12.2% of the compensation computed
for such period | 23 | | of layoff, plus interest on the entire amount at 5% per
| 24 | | annum from January 1, 1978 to the date of payment. If such | 25 | | contribution
is paid, salary for pension purposes for any | 26 | | year in which such a layoff
occurred shall include the |
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| 1 | | compensation recognized for purposes of
computing that | 2 | | contribution.
| 3 | | (9) For time spent after June 30, 1982, as a | 4 | | nonsalaried member
of the Board of Education, if required | 5 | | to resign from an administrative or
teaching position in | 6 | | order to qualify as a member of the Board of
Education, an | 7 | | administrator or teacher desiring credit therefor shall | 8 | | pay
the required contributions at the rates and salaries in | 9 | | effect during such
periods as though the member were in | 10 | | service.
| 11 | | Effective September 1, 1974, the interest charged for | 12 | | validation of
service described in paragraphs (2) through (5) | 13 | | of this Section shall be
compounded annually at a rate of 5% | 14 | | commencing one
year after the termination of the leave or | 15 | | return to service.
| 16 | | (Source: P.A. 97-651, eff. 1-5-12.)".
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