Illinois General Assembly - Full Text of HB2761
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Full Text of HB2761  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Joe Sosnowski


40 ILCS 5/14-103.10  from Ch. 108 1/2, par. 14-103.10

    Amends the State Employee Article of the Illinois Pension Code. Provides that, for service on or after July 1, 2017, "compensation" does not include any overtime pay payable to an employee for personal services performed in excess of the full normal working period for his or her position. Effective immediately.

LRB100 05867 RPS 15892 b






HB2761LRB100 05867 RPS 15892 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Section 14-103.10 as follows:
6    (40 ILCS 5/14-103.10)  (from Ch. 108 1/2, par. 14-103.10)
7    (Text of Section WITHOUT the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 14-103.10. Compensation.
10    (a) For periods of service prior to January 1, 1978, the
11full rate of salary or wages payable to an employee for
12personal services performed if he worked the full normal
13working period for his position, subject to the following
14maximum amounts: (1) prior to July 1, 1951, $400 per month or
15$4,800 per year; (2) between July 1, 1951 and June 30, 1957
16inclusive, $625 per month or $7,500 per year; (3) beginning
17July 1, 1957, no limitation.
18    In the case of service of an employee in a position
19involving part-time employment, compensation shall be
20determined according to the employees' earnings record.
21    (b) For periods of service on and after January 1, 1978,
22all remuneration for personal services performed defined as
23"wages" under the Social Security Enabling Act, including that



HB2761- 2 -LRB100 05867 RPS 15892 b

1part of such remuneration which is in excess of any maximum
2limitation provided in such Act, and including any benefits
3received by an employee under a sick pay plan in effect before
4January 1, 1981, but excluding lump sum salary payments:
5        (1) for vacation,
6        (2) for accumulated unused sick leave,
7        (3) upon discharge or dismissal,
8        (4) for approved holidays.
9    (c) For periods of service on or after December 16, 1978,
10compensation also includes any benefits, other than lump sum
11salary payments made at termination of employment, which an
12employee receives or is eligible to receive under a sick pay
13plan authorized by law.
14    (d) For periods of service after September 30, 1985,
15compensation also includes any remuneration for personal
16services not included as "wages" under the Social Security
17Enabling Act, which is deducted for purposes of participation
18in a program established pursuant to Section 125 of the
19Internal Revenue Code or its successor laws.
20    (e) For members for which Section 1-160 applies for periods
21of service on and after January 1, 2011, all remuneration for
22personal services performed defined as "wages" under the Social
23Security Enabling Act, excluding remuneration that is in excess
24of the annual earnings, salary, or wages of a member or
25participant, as provided in subsection (b-5) of Section 1-160,
26but including any benefits received by an employee under a sick



HB2761- 3 -LRB100 05867 RPS 15892 b

1pay plan in effect before January 1, 1981. Compensation shall
2exclude lump sum salary payments:
3        (1) for vacation;
4        (2) for accumulated unused sick leave;
5        (3) upon discharge or dismissal; and
6        (4) for approved holidays.
7    (f) Notwithstanding the other provisions of this Section,
8for service on or after July 1, 2013, "compensation" does not
9include any stipend payable to an employee for service on a
10board or commission.
11    (g) Notwithstanding the other provisions of this Section,
12for service on or after July 1, 2017, "compensation" does not
13include any overtime pay payable to an employee for personal
14services performed in excess of the full normal working period
15for his or her position.
16(Source: P.A. 98-449, eff. 8-16-13.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.