Full Text of SB1920 98th General Assembly
SB1920eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 9-112, 9-157, and 9-221 as follows:
| 6 | | (40 ILCS 5/9-112) (from Ch. 108 1/2, par. 9-112)
| 7 | | Sec. 9-112. Salary. "Salary": Annual salary of an employee | 8 | | under this Article as follows:
| 9 | | (a) Beginning on the effective date and prior to July 1, | 10 | | 1947 $3000
shall be the maximum amount of annual salary of any | 11 | | employee to be
considered for the purposes of this Article; and | 12 | | beginning on July 1,
1947 and prior to July 1, 1953, said | 13 | | maximum amount shall be $4800; and
beginning on July 1, 1953 | 14 | | and prior to July 1, 1957 said maximum amount
shall be $6,000; | 15 | | and beginning on July 1, 1957, if salary or wages is
| 16 | | appropriated, fixed or arranged on an annual basis, the actual | 17 | | sum
payable during the year if the employee worked the full | 18 | | normal working
time in his position, at the rate of | 19 | | compensation, exclusive of
overtime, appropriated or fixed as | 20 | | salary or wages for service in the
position . ; | 21 | | Salary shall be equal to the actual salary paid as reported | 22 | | to the Fund excluding overtime or extra service and is subject | 23 | | to the limitations of subsection (a) of Section 1-117 and |
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| 1 | | subsection (b-5) of Section 1-160. This amendatory Act of the | 2 | | 98th General Assembly is intended to be a restatement and | 3 | | clarification of existing law and does not imply that salary | 4 | | was previously based on any amounts other than paid salary.
| 5 | | (b) Beginning July 1, 1957, if appropriated, fixed or | 6 | | arranged on
other than an annual basis, the applicable | 7 | | schedules specified in
Section 9-221 shall be used for | 8 | | conversion of the salary to an annual
basis . ;
| 9 | | (c) For periods prior to January 1, 2013, where Where the | 10 | | county provides lodging, board and laundry service for
an | 11 | | employee without charge, his salary shall be considered to be | 12 | | $480 a
year more for the period from the effective date to | 13 | | August 1, 1959 and
thereafter $960 more than the amount payable | 14 | | as salary for the year, and
the salary of an employee for whom | 15 | | one or more daily meals are provided
by the county without | 16 | | charge therefor shall be considered to be $120 a
year more for | 17 | | each such daily meal for the period from the effective
date to | 18 | | August 1, 1959 and thereafter $240 more for each such daily | 19 | | meal
than the amount payable as his salary for the year.
| 20 | | (Source: P.A. 81-1536.)
| 21 | | (40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) | 22 | | Sec. 9-157. Ordinary disability benefit. An employee while | 23 | | under age 65
and prior to January 1, 1979, or while under age | 24 | | 70 and after January 1,
1979, but prior to January 1, 1987, and | 25 | | regardless of age on or after
January 1, 1987, who becomes |
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| 1 | | disabled after becoming a contributor to the
fund as the result | 2 | | of any cause other than injury incurred in the
performance of | 3 | | an act of duty is entitled to ordinary disability benefit
| 4 | | during such disability, after the first 30 days thereof. | 5 | | No employee who becomes disabled and whose disability | 6 | | commences
during any period of absence from duty without pay | 7 | | may
receive ordinary disability benefit until he recovers from | 8 | | such
disability and performs the duties of his position in the | 9 | | service for at
least 15 consecutive days, Sundays and holidays | 10 | | excepted, after his
recovery from such disability. | 11 | | The benefit shall not be allowed unless application | 12 | | therefor is made
while the disability exists, nor for any | 13 | | period of disability before 30
days before the application for | 14 | | such benefit is made. The foregoing
limitations do not apply if | 15 | | the board finds from satisfactory evidence
presented to it that | 16 | | there was reasonable cause for delay in filing such
application | 17 | | within such periods of time. | 18 | | The first payment shall be made not later than one month | 19 | | after the
benefit is granted and each subsequent payment shall | 20 | | be made not later
than one month after the last preceding | 21 | | payment. | 22 | | The disability benefit prescribed herein shall cease when | 23 | | the first of
the following dates shall occur and the employee, | 24 | | if still disabled, shall
thereafter be entitled to such annuity | 25 | | as is otherwise provided in this
Article: | 26 | | (a) the date disability ceases. |
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| 1 | | (b) the date the disabled employee attains age 65 for | 2 | | disability
commencing prior to January 1, 1979. | 3 | | (c) the date the disabled employee attains 65 for | 4 | | disability commencing
prior to attainment of age 60 in the | 5 | | service and after January 1, 1979. | 6 | | (d) the date the disabled employee attains the age of 70 | 7 | | for disability
commencing after attainment of age 60 in the | 8 | | service and after January 1, 1979. | 9 | | (e) the date the payments of the benefit shall exceed in | 10 | | the aggregate,
throughout the employee's service, a period | 11 | | equal to 1/4 of the total service
rendered prior to the date of | 12 | | disability but in no event more than 5 years.
In computing such | 13 | | total service any period during which the employee
received | 14 | | ordinary disability benefit and any period of absence from duty
| 15 | | other than paid vacation shall be excluded. | 16 | | Any employee whose duty disability benefit was terminated | 17 | | on or after
January 1, 1979 by reason of his attainment of age | 18 | | 65 and who continues to
be disabled after age 65 may elect | 19 | | before July 1, 1986 to have such
benefits resumed beginning at | 20 | | the time of such termination and continuing
until termination | 21 | | is required under this Section as amended by this
amendatory | 22 | | Act of 1985. The amount payable to any employee for such
| 23 | | resumed benefit for any period shall be reduced by the amount | 24 | | of any
retirement annuity paid to such employee under this | 25 | | Article for the same
period of time or by any refund paid in | 26 | | lieu of annuity. |
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| 1 | | Any employee whose disability benefit was terminated on or | 2 | | after
January 1, 1987 by reason of his attainment of age 70, | 3 | | and who continues to
be disabled after age 70, may elect before | 4 | | March 31, 1988, to have such
benefits resumed beginning at the | 5 | | time of such termination and continuing
until termination is | 6 | | required under this Section as amended by this
amendatory Act | 7 | | of 1987. The amount payable to any employee for such
resumed | 8 | | benefit for any period shall be reduced by the amount of any
| 9 | | retirement annuity paid to such employee under this Article for | 10 | | the same
period of time or by any refund paid in lieu of | 11 | | annuity. | 12 | | Ordinary disability benefit shall be 50% of the employee's | 13 | | salary at
the date of disability. The salary at the date of | 14 | | disability shall be based on the percentage, not to exceed | 15 | | 100%, of hours paid, contributed on, and reported to the Fund | 16 | | during the prior 365 days divided by 2080. Instead of all | 17 | | amounts ordinarily contributed by
an employee and by the county | 18 | | for age and service
annuity and widow's annuity based on the | 19 | | salary at date of disability,
the county shall contribute sums | 20 | | equal to such amounts for any period
during which the employee | 21 | | receives ordinary disability and such is
deemed for annuity and | 22 | | refund purposes as amounts contributed by him. The
county shall | 23 | | also contribute 1/2 of 1% salary deductions required
as a | 24 | | contribution from the employee under Section 9-133. This | 25 | | amendatory Act of the 98th General Assembly is intended to be a | 26 | | restatement and clarification of existing law. |
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| 1 | | An employee who has withdrawn from service or was laid off | 2 | | for any
reason, who is absent from service thereafter for 60 | 3 | | days or more who
re-enters the service subsequent to such | 4 | | absence is not entitled to
ordinary disability benefit unless | 5 | | he renders at least 6 months of
service subsequent to the date | 6 | | of such last re-entry. | 7 | | (Source: P.A. 96-1466, eff. 8-20-10.)
| 8 | | (40 ILCS 5/9-221) (from Ch. 108 1/2, par. 9-221)
| 9 | | Sec. 9-221. Basis of annual salary.
| 10 | | (a) For the purpose of this Article, annual salary of an | 11 | | employee whose
salary or wages is arranged upon other than a | 12 | | yearly basis, shall be
determined according to the months, | 13 | | weeks, days, or hours, for which the
position held by the | 14 | | employee is appropriated for or as the employee in
such | 15 | | position, normally and regularly works, as follows:
| 16 | | Monthly Basis:--Not less than 9 nor more than 12 times such | 17 | | monthly
salary, unless the appropriation for such position is | 18 | | for a shorter period;
| 19 | | Weekly Basis:--Not less than 39 nor more than 52 times such | 20 | | weekly
salary, unless the appropriation for such position is | 21 | | for a shorter period;
| 22 | | Daily Basis:--Not less than 260 nor more than 300 times | 23 | | such daily wage,
unless the appropriation for such position is | 24 | | for a shorter period;
| 25 | | Hourly Basis:--Not less than 2080 nor more than 2400 times |
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| 1 | | such hourly
wage, unless the appropriation for such position is | 2 | | for a shorter period.
| 3 | | Any computation hereunder shall exclude all overtime or | 4 | | extra service.
| 5 | | (b) For the purposes of this Article, where a definite | 6 | | annual, monthly,
daily or hourly salary scale is not | 7 | | established in the annual county
appropriation ordinance, the | 8 | | amount of annual salary, wages or other
compensation shall be | 9 | | the highest average annual salary for any 5
consecutive years | 10 | | within the last 10 years of service immediately preceding
the | 11 | | date of determination of benefits of each such employee subject | 12 | | to the
maximum annual salary prescribed herein and such annual | 13 | | salary divided by
12 shall be taken as the monthly salary for | 14 | | purposes of the Article;
provided, no amount of salary in | 15 | | excess of an amount equal to 1/12 of such
average annual salary | 16 | | for service rendered in any one month shall be
considered. In | 17 | | such a case the board shall fix by appropriate rules and
| 18 | | regulations how much service in any year is equivalent to one | 19 | | year of
service.
| 20 | | Salary shall be equal to the actual salary paid as reported | 21 | | to the Fund excluding overtime or extra service and is subject | 22 | | to the limitations of subsection (a) of Section 1-117 and | 23 | | subsection (b-5) of Section 1-160. This amendatory Act of the | 24 | | 98th General Assembly is intended to be a restatement and | 25 | | clarification of existing law and does not imply that salary | 26 | | was previously based on any amounts other than paid salary. |
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| 1 | | (Source: Laws 1963, p. 161.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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