Full Text of SB2533 093rd General Assembly
SB2533 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2533
Introduced 2/3/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/14-104 |
from Ch. 108 1/2, par. 14-104 |
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Amends the State Employees Article of the Illinois Pension Code.
Provides that an employee who was employed on a full-time basis by the
Illinois Defender Project, an LEAA-ILEC grant project, prior to the time that
the project became the Office of the State Appellate Defender, may establish
creditable service for not more than 48 months of that employment by making
certain contributions. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB2533 |
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LRB093 18863 LRD 44598 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 14-104
as follows:
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| (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
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| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the | 9 |
| period of
service granted. Except as otherwise provided in this | 10 |
| Section, the
contributions shall be based upon the employee's | 11 |
| compensation and
contribution rate in effect on the date he | 12 |
| last became a member of the
System; provided that for all | 13 |
| employment prior to January 1, 1969 the
contribution rate shall | 14 |
| be that in effect for a noncovered employee on
the date he last | 15 |
| became a member of the System. Except as otherwise provided
in | 16 |
| this Section, contributions permitted under this Section shall | 17 |
| include
regular interest from the date an employee last became | 18 |
| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement | 20 |
| either in
a lump sum or in installment payments in accordance | 21 |
| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this | 23 |
| Section
for any period of service, subsequent to the date of | 24 |
| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from | 26 |
| membership
because of age at entry and subsequently became | 27 |
| eligible may elect to
make contributions as required in this | 28 |
| Section for the period of service
during which he was | 29 |
| ineligible.
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| (c) An employee of the Department of Insurance who, after | 31 |
| January 1,
1944 but prior to becoming eligible for membership, | 32 |
| received salary from
funds of insurance companies in the |
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LRB093 18863 LRD 44598 b |
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| process of rehabilitation,
liquidation, conservation or | 2 |
| dissolution, may elect to make
contributions as required in | 3 |
| this Section for such service.
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| (d) Any employee who rendered service in a State office to | 5 |
| which he
was elected, or rendered service in the elective | 6 |
| office of Clerk of the
Appellate Court prior to the date he | 7 |
| became a member, may make
contributions for such service as | 8 |
| required in this Section. Any member
who served by appointment | 9 |
| of the Governor under the Civil Administrative
Code of Illinois | 10 |
| and did not participate in this System may make
contributions | 11 |
| as required in this Section for such service.
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| (e) Any person employed by the United States government or | 13 |
| any
instrumentality or agency thereof from January 1, 1942 | 14 |
| through November
15, 1946 as the result of a transfer from | 15 |
| State service by executive
order of the President of the United | 16 |
| States shall be entitled to prior
service credit covering the | 17 |
| period from January 1, 1942 through December
31, 1943 as | 18 |
| provided for in this Article and to membership service
credit | 19 |
| for the period from January 1, 1944 through November 15, 1946 | 20 |
| by
making the contributions required in this Section. A person | 21 |
| so employed
on January 1, 1944 but whose employment began after | 22 |
| January 1, 1942 may
qualify for prior service and membership | 23 |
| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of | 25 |
| Illinois who
performed services for and under the supervision | 26 |
| of that Department
prior to January 1, 1944 but who was | 27 |
| compensated for those services
directly by federal funds and | 28 |
| not by a warrant of the Auditor of Public
Accounts paid by the | 29 |
| State Treasurer may establish credit for such
employment by | 30 |
| making the contributions required in this Section. An
employee | 31 |
| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that | 33 |
| Department
prior to June 1, 1963, but was compensated for those | 34 |
| services directly
by federal funds and not paid by a warrant of | 35 |
| the Auditor of Public
Accounts paid by the State Treasurer, and | 36 |
| who did not contribute to any
other public employee retirement |
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| system for such service, may establish
credit for such | 2 |
| employment by making the contributions required in this
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| Section.
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| (g) Any employee who executed a waiver of membership within
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| 60 days prior to January 1, 1944 may, at any time while in the | 6 |
| service of a
department, file with the board a rescission of | 7 |
| such waiver. Upon
making the contributions required by this | 8 |
| Section, the member shall be
granted the creditable service | 9 |
| that would have been received if the
waiver had not been | 10 |
| executed.
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| (h) Until May 1, 1990, an employee who was employed on a | 12 |
| full-time
basis by a regional planning commission for at least | 13 |
| 5 continuous years may
establish creditable service for such | 14 |
| employment by making the
contributions required under this | 15 |
| Section, provided that any credits earned
by the employee in | 16 |
| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services | 18 |
| to the General
Assembly as a member of a legislative staff may | 19 |
| establish service credit for up
to 8 years of such services by | 20 |
| making the contributions required under this
Section, provided | 21 |
| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under | 23 |
| this Section,
plus an amount determined by the Board to be | 24 |
| equal to the employer's normal
cost of the benefit plus | 25 |
| interest, but with all of the interest calculated
from the date | 26 |
| the employee last became a member of the System or November 19,
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| 1991, whichever is later, to the date of payment, an employee | 28 |
| may establish
service credit
for a period of up to 2 years | 29 |
| spent in active military service for which he
does not qualify | 30 |
| for credit under Section 14-105, provided that (1) he was
not | 31 |
| dishonorably discharged from such military service, and (2) the | 32 |
| amount
of service credit established by a member under this | 33 |
| subsection (j), when
added to the amount of military service | 34 |
| credit granted to the member under
subsection (b) of Section | 35 |
| 14-105, shall not exceed 5 years. The change
in the manner of | 36 |
| calculating interest under this subsection (j) made by this
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| amendatory Act of the 92nd General Assembly applies to credit | 2 |
| purchased by an
employee on or after its effective date and | 3 |
| does not entitle any person to a
refund of contributions or | 4 |
| interest already paid.
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| (k) An employee who was employed on a full-time basis by | 6 |
| the Illinois
State's Attorneys Association Statewide Appellate | 7 |
| Assistance Service
LEAA-ILEC grant project prior to the time | 8 |
| that project became the State's
Attorneys Appellate Service | 9 |
| Commission, now the Office of the State's
Attorneys Appellate | 10 |
| Prosecutor, an agency of State government, may
establish | 11 |
| creditable service for not more than 60 months service for
such | 12 |
| employment by making contributions required under this | 13 |
| Section.
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| (k-5) An employee who was employed on a full-time basis by | 15 |
| the Illinois
Defender Project, an LEAA-ILEC grant project, | 16 |
| prior to the time that the
project became the Office of the | 17 |
| State Appellate Defender, an agency of State
government, may | 18 |
| establish creditable service for not more than 48 months of
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| that employment by making the contributions required under this | 20 |
| Section.
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| (l) By paying the contributions otherwise required under | 22 |
| this Section,
plus an amount determined by the Board to be | 23 |
| equal to the employer's normal
cost of the benefit plus | 24 |
| interest, a member may establish service credit
for periods of | 25 |
| less than one year spent on authorized leave of absence from
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| service, provided that (1) the period of leave began on or | 27 |
| after January 1,
1982 and (2) any credit established by the | 28 |
| member for the period of leave in
any other public employee | 29 |
| retirement system has been terminated. A member
may establish | 30 |
| service credit under this subsection for more than one period
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| of authorized leave, and in that case the total period of | 32 |
| service credit
established by the member under this subsection | 33 |
| may exceed one year. In
determining the contributions required | 34 |
| for establishing service credit under
this subsection, the | 35 |
| interest shall be calculated from the beginning of the
leave of | 36 |
| absence to the date of payment.
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| (m) Any person who rendered contractual services to a | 2 |
| member of
the General Assembly as a worker in the member's | 3 |
| district office may establish
creditable service for up to 3 | 4 |
| years of those contractual services by making
the contributions | 5 |
| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the | 7 |
| required
contribution. To establish credit under this | 8 |
| subsection, the applicant must
apply to the System by March 1, | 9 |
| 1998.
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| (n) Any person who rendered contractual services to a | 11 |
| member of
the General Assembly as a worker providing | 12 |
| constituent services to persons in
the member's district may | 13 |
| establish
creditable service for up to 8 years of those | 14 |
| contractual services by making
the contributions required | 15 |
| under this Section. The System shall determine a
full-time | 16 |
| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the | 18 |
| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative | 20 |
| Staff
Internship Program may establish creditable service for | 21 |
| up to one year
of that participation by making the contribution | 22 |
| required under this Section.
The System shall determine a | 23 |
| full-time salary equivalent for the purpose of
calculating the | 24 |
| required contribution. Credit may not be established under
this | 25 |
| subsection for any period for which service credit is | 26 |
| established under
any other provision of this Code.
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| (Source: P.A. 92-54, eff. 7-12-01.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law. |
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