Full Text of SB2543 95th General Assembly
SB2543 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2543
Introduced 2/15/2008, by Sen. Gary G. Dahl SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/2-101 |
from Ch. 108 1/2, par. 2-101 |
40 ILCS 5/2-105 |
from Ch. 108 1/2, par. 2-105 |
40 ILCS 5/2-119.1 |
from Ch. 108 1/2, par. 2-119.1 |
40 ILCS 5/2-126 |
from Ch. 108 1/2, par. 2-126 |
40 ILCS 5/14-103.05 |
from Ch. 108 1/2, par. 14-103.05 |
40 ILCS 5/14-133 |
from Ch. 108 1/2, par. 14-133 |
40 ILCS 5/18-101 |
from Ch. 108 1/2, par. 18-101 |
40 ILCS 5/18-102 |
from Ch. 108 1/2, par. 18-102 |
40 ILCS 5/18-120 |
from Ch. 108 1/2, par. 18-120 |
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Amends the Illinois Pension Code. Provides that a person who becomes a
judge, constitutional officer, or member of the General Assembly on or after
the effective date shall participate in the State Employees' Retirement System,
unless he or she participated in the Judges or General Assembly Retirement
System before that date. Provides that those persons may not have their
employee contributions paid on their behalf by the State. In the General
Assembly Article, allows a person with more than 20 years of service to elect
to stop contributing to the System instead of receiving the accelerated 3%
increases to which he or she would otherwise be entitled. 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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SB2543 |
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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 |
| Sections
2-101, 2-105, 2-119.1, 2-126, 14-103.05, 14-133, | 6 |
| 18-101, 18-102, and 18-120 as follows:
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| (40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
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| Sec. 2-101. Creation of system. A retirement system is | 9 |
| created to provide
retirement annuities, survivor's annuities | 10 |
| and other benefits for certain
members of the General Assembly, | 11 |
| certain elected state officials , and their
beneficiaries.
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| The system shall be known as the "General Assembly | 13 |
| Retirement System".
All its funds and property shall be a trust | 14 |
| separate from all other
entities, maintained for the purpose of | 15 |
| securing payment of annuities and
benefits under this Article.
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| Participation in the retirement system created under this | 17 |
| Article is
restricted to persons who become participants before | 18 |
| the effective date of
this amendatory Act of the 95th General | 19 |
| Assembly.
Beginning on that date, the System shall not accept | 20 |
| any new participants.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
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| Sec. 2-105. Member. "Member": Members of the General | 2 |
| Assembly of this
State , including persons who enter military | 3 |
| service while a member of the
General Assembly , and any person | 4 |
| serving as Governor, Lieutenant Governor,
Secretary of State, | 5 |
| Treasurer, Comptroller, or Attorney General for the period
of | 6 |
| service in such office.
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| Any person who has served for 10 or more years as Clerk or | 8 |
| Assistant Clerk
of the House of Representatives, Secretary or | 9 |
| Assistant Secretary of the
Senate, or any combination thereof, | 10 |
| may elect to become a member
of this system while thenceforth | 11 |
| engaged in such service by filing a
written election with the | 12 |
| board. Any person so electing shall be
deemed an active member | 13 |
| of the General Assembly for the purpose of validating
and | 14 |
| transferring any service credits earned under any of the funds | 15 |
| and systems
established under Articles 3 through 18 of this | 16 |
| Code.
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| However, notwithstanding any other provision of this | 18 |
| Article, a person
shall not be deemed a member for the purposes | 19 |
| of this Article unless he or she
became a participant of the | 20 |
| System before the effective date of this amendatory
Act of the | 21 |
| 95th General Assembly.
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| (Source: P.A. 85-1008.)
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| (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
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| Sec. 2-119.1. Automatic increase in retirement annuity.
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| (a) A participant who retires after June 30, 1967, and who |
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| has not
received an initial increase under this Section before | 2 |
| the effective date
of this amendatory Act of 1991, shall, in | 3 |
| January or July next following
the first anniversary of | 4 |
| retirement, whichever occurs first, and in the same
month of | 5 |
| each year thereafter, but in no event prior to age 60, have the | 6 |
| amount
of the originally granted retirement annuity increased | 7 |
| as follows: for each
year through 1971, 1 1/2%; for each year | 8 |
| from 1972 through 1979, 2%; and for
1980 and each year | 9 |
| thereafter, 3%. Annuitants who have received an initial
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| increase under this subsection prior to the effective date of | 11 |
| this amendatory
Act of 1991 shall continue to receive their | 12 |
| annual increases in the same month
as the initial increase.
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| (b) Beginning January 1, 1990, for eligible participants | 14 |
| who remain
in service after attaining 20 years of creditable | 15 |
| service and have not elected to
stop contributing under Section | 16 |
| 2-126(e) , the 3% increases
provided under subsection (a) shall | 17 |
| begin to accrue on the January 1 next
following the date upon | 18 |
| which the participant (1) attains age 55, or (2)
attains 20 | 19 |
| years of creditable service, whichever occurs later, and shall
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| continue to accrue while the participant remains in service; | 21 |
| such increases
shall become payable on January 1 or July 1, | 22 |
| whichever occurs first, next
following the first anniversary of | 23 |
| retirement. For any person who has service
credit in the System | 24 |
| for the entire period from January 15, 1969 through
December | 25 |
| 31, 1992, regardless of the date of termination of service, the
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| reference to age 55 in clause (1) of this subsection (b) shall |
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| be deemed to
mean age 50.
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| This subsection (b) does not apply to any person who first | 3 |
| becomes a
member of the System after the effective date of this | 4 |
| amendatory Act of
the 93rd General Assembly.
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| (c) The foregoing provisions relating to automatic | 6 |
| increases are not
applicable to a participant who retires | 7 |
| before having made contributions
(at the rate prescribed in | 8 |
| Section 2-126) for automatic increases for less
than the | 9 |
| equivalent of one full year. However, in order to be eligible | 10 |
| for
the automatic increases, such a participant may make | 11 |
| arrangements to pay
to the system the amount required to bring | 12 |
| the total contributions for the
automatic increase to the | 13 |
| equivalent of one year's contributions based upon
his or her | 14 |
| last salary.
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| (d) A participant who terminated service prior to July 1, | 16 |
| 1967, with at
least 14 years of service is entitled to an | 17 |
| increase in retirement annuity
beginning January, 1976, and to | 18 |
| additional increases in January of each
year thereafter.
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| The initial increase shall be 1 1/2% of the originally | 20 |
| granted retirement
annuity multiplied by the number of full | 21 |
| years that the annuitant was in
receipt of such annuity prior | 22 |
| to January 1, 1972, plus 2% of the originally
granted | 23 |
| retirement annuity for each year after that date. The | 24 |
| subsequent
annual increases shall be at the rate of 2% of the | 25 |
| originally granted
retirement annuity for each year through | 26 |
| 1979 and at the rate of 3% for
1980 and thereafter.
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| (e) Beginning January 1, 1990, all automatic annual | 2 |
| increases payable
under this Section shall be calculated as a | 3 |
| percentage of the total annuity
payable at the time of the | 4 |
| increase, including previous increases granted
under this | 5 |
| Article.
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| (Source: P.A. 93-494, eff. 8-8-03.)
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| (40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
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| Sec. 2-126. Contributions by participants.
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| (a) Each participant shall contribute toward the cost of | 10 |
| his or her
retirement annuity a percentage of each payment of | 11 |
| salary received by him or
her for service as a member as | 12 |
| follows: for service between October 31, 1947
and January 1, | 13 |
| 1959, 5%; for service between January 1, 1959 and June 30, | 14 |
| 1969,
6%; for service between July 1, 1969 and January 10, | 15 |
| 1973, 6 1/2%; for service
after January 10, 1973, 7%; for | 16 |
| service after December 31, 1981, 8 1/2%.
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| (b) Beginning August 2, 1949, each male participant, and | 18 |
| from July 1,
1971, each female participant shall contribute | 19 |
| towards the cost of the
survivor's annuity 2% of salary.
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| A participant who has no eligible survivor's annuity | 21 |
| beneficiary may elect
to cease making contributions for | 22 |
| survivor's annuity under this subsection.
A survivor's annuity | 23 |
| shall not be payable upon the death of a person who has
made | 24 |
| this election, unless prior to that death the election has been | 25 |
| revoked
and the amount of the contributions that would have |
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| been paid under this
subsection in the absence of the election | 2 |
| is paid to the System, together
with interest at the rate of 4% | 3 |
| per year from the date the contributions
would have been made | 4 |
| to the date of payment.
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| (c) Beginning July 1, 1967, each participant shall | 6 |
| contribute 1% of
salary towards the cost of automatic increase | 7 |
| in annuity provided in
Section 2-119.1. These contributions | 8 |
| shall be made concurrently with
contributions for retirement | 9 |
| annuity purposes.
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| (d) In addition, each participant serving as an officer of | 11 |
| the General
Assembly shall contribute, for the same purposes | 12 |
| and at the same rates
as are required of a regular participant, | 13 |
| on each additional payment
received as an officer. If the | 14 |
| participant serves as an
officer for at least 2 but less than 4 | 15 |
| years, he or she shall
contribute an amount equal to the amount | 16 |
| that would have been contributed
had the participant served as | 17 |
| an officer for 4 years. Persons who serve
as officers in the | 18 |
| 87th General Assembly but cannot receive the additional
payment | 19 |
| to officers because of the ban on increases in salary during | 20 |
| their
terms may nonetheless make contributions based on those | 21 |
| additional payments
for the purpose of having the additional | 22 |
| payments included in their highest
salary for annuity purposes; | 23 |
| however, persons electing to make these
additional | 24 |
| contributions must also pay an amount representing the
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| corresponding employer contributions, as calculated by the | 26 |
| System.
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| (e) A person may irrevocably elect, within 60 days after | 2 |
| attaining 20
years of creditable service or within 60 days | 3 |
| following the effective date of
this amendatory Act of the 95th | 4 |
| General Assembly, whichever is later, to stop
making employee | 5 |
| contributions under this Section. The election does not affect
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| the person's status as a participant, but a person so electing | 7 |
| thereby forfeits
the accelerated 3% increases to which he or | 8 |
| she would otherwise be entitled
under subsection (b) of Section | 9 |
| 2-119.1.
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| (Source: P.A. 90-766, eff. 8-14-98.)
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| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
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| Sec. 14-103.05. Employee.
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| (a) Any person employed by a Department who receives salary
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| for personal services rendered to the Department on a warrant
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| issued pursuant to a payroll voucher certified by a Department | 16 |
| and drawn
by the State Comptroller upon the State Treasurer, | 17 |
| including an elected
official described in subparagraph (d) of | 18 |
| Section 14-104, shall become
an employee for purpose of | 19 |
| membership in the Retirement System on the
first day of such | 20 |
| employment.
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| A person who becomes a judge, constitutional officer, or | 22 |
| member of the
General Assembly on or after
the effective date | 23 |
| of this amendatory Act of the 95th General Assembly
and is not | 24 |
| eligible to participate
in the Judges Retirement System of | 25 |
| Illinois or the General Assembly Retirement
System shall be |
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| deemed an employee for purposes of membership in this System
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| beginning on the first day of such service. | 3 |
| A person entering service on or after January 1, 1972 and | 4 |
| prior to January
1, 1984 shall become a member as a condition | 5 |
| of employment and shall begin
making contributions as of the | 6 |
| first day of employment.
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| A person entering service on or after January 1, 1984 | 8 |
| shall, upon completion
of 6 months of continuous service which | 9 |
| is not interrupted by a break of more
than 2 months, become a | 10 |
| member as a condition of employment. Contributions
shall begin | 11 |
| the first of the month after completion of the qualifying | 12 |
| period.
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| A person employed by the Chicago Metropolitan Agency for | 14 |
| Planning on the effective date of this amendatory Act of the | 15 |
| 95th General Assembly who was a member of this System as an | 16 |
| employee of the Chicago Area Transportation Study and makes an | 17 |
| election under Section 14-104.13 to participate in this System | 18 |
| for his or her employment with the Chicago Metropolitan Agency | 19 |
| for Planning.
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| The qualifying period of 6 months of service is not | 21 |
| applicable to: (1)
a person who has been granted credit for | 22 |
| service in a position covered by
the State Universities | 23 |
| Retirement System, the Teachers' Retirement System
of the State | 24 |
| of Illinois, the General Assembly Retirement System, or the
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| Judges Retirement System of Illinois unless that service has | 26 |
| been forfeited
under the laws of those systems; (2) a person |
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| entering service on or
after July 1, 1991 in a noncovered | 2 |
| position; or (3) a person to whom Section
14-108.2a or | 3 |
| 14-108.2b applies ; or (4) a person who is serving as a judge,
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| constitutional officer, or member of the General Assembly .
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| (b) The term "employee" does not include the following:
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| (1) persons participating in members of the State | 7 |
| Legislature, and persons electing to become
members of the | 8 |
| General Assembly Retirement System pursuant to Section | 9 |
| 2-105 ;
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| (2) incumbents of offices normally filled by vote of | 11 |
| the people , other
than judges, constitutional officers, | 12 |
| and members of the General Assembly ;
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| (3) except as otherwise provided in this Section, any | 14 |
| person
appointed by the Governor with the advice and | 15 |
| consent
of the Senate unless that person elects to | 16 |
| participate in this system;
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| (3.1) any person serving as a commissioner of an ethics | 18 |
| commission created under the State Officials and Employees | 19 |
| Ethics Act unless that person elects to participate in this | 20 |
| system with respect to that service as a commissioner;
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| (3.2) any person serving as a part-time employee in any | 22 |
| of the following positions: Legislative Inspector General, | 23 |
| Special Legislative Inspector General, employee of the | 24 |
| Office of the Legislative Inspector General, Executive | 25 |
| Director of the Legislative Ethics Commission, or staff of | 26 |
| the Legislative Ethics Commission, regardless of whether |
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| he or she is in active service on or after July 8, 2004 | 2 |
| (the effective date of Public Act 93-685), unless that | 3 |
| person elects to participate in this System with respect to | 4 |
| that service; in this item (3.2), a "part-time employee" is | 5 |
| a person who is not required to work at least 35 hours per | 6 |
| week; | 7 |
| (3.3) any person who has made an election under Section | 8 |
| 1-123 and who is serving either as legal counsel in the | 9 |
| Office of the Governor or as Chief Deputy Attorney General;
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| (4) except as provided in Section 14-108.2 or | 11 |
| 14-108.2c, any person
who is covered or eligible to be | 12 |
| covered by the Teachers' Retirement System of
the State of | 13 |
| Illinois, the State Universities Retirement System, or the | 14 |
| Judges
Retirement System of Illinois;
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| (5) an employee of a municipality or any other | 16 |
| political subdivision
of the State;
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| (6) any person who becomes an employee after June 30, | 18 |
| 1979 as a
public service employment program participant | 19 |
| under the Federal
Comprehensive Employment and Training | 20 |
| Act and whose wages or fringe
benefits are paid in whole or | 21 |
| in part by funds provided under such Act;
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| (7) enrollees of the Illinois Young Adult Conservation | 23 |
| Corps program,
administered by the Department of Natural | 24 |
| Resources, authorized grantee
pursuant to Title VIII of the | 25 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 26 |
| 993, as now or hereafter amended;
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| (8) enrollees and temporary staff of programs | 2 |
| administered by the
Department of Natural Resources under | 3 |
| the Youth
Conservation Corps Act of 1970;
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| (9) any person who is a member of any professional | 5 |
| licensing or
disciplinary board created under an Act | 6 |
| administered by the Department of
Professional Regulation | 7 |
| or a successor agency or created or re-created
after the | 8 |
| effective date of this amendatory Act of 1997, and who | 9 |
| receives
per diem compensation rather than a salary, | 10 |
| notwithstanding that such per diem
compensation is paid by | 11 |
| warrant issued pursuant to a payroll voucher; such
persons | 12 |
| have never been included in the membership of this System, | 13 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 14 |
| intended to effect any change in
the status of such | 15 |
| persons;
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| (10) any person who is a member of the Illinois Health | 17 |
| Care Cost
Containment Council, and receives per diem | 18 |
| compensation rather than a
salary, notwithstanding that | 19 |
| such per diem compensation is paid by warrant
issued | 20 |
| pursuant to a payroll voucher; such persons have never been | 21 |
| included
in the membership of this System, and this | 22 |
| amendatory Act of 1987 is not
intended to effect any change | 23 |
| in the status of such persons;
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| (11) any person who is a member of the Oil and Gas | 25 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 26 |
| Act, and receives per diem
compensation rather than a |
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| salary, notwithstanding that such per diem
compensation is | 2 |
| paid by warrant issued pursuant to a payroll voucher; or
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| (12) a person employed by the State Board of Higher | 4 |
| Education in a position with the Illinois Century Network | 5 |
| as of June 30, 2004, who remains continuously employed | 6 |
| after that date by the Department of Central Management | 7 |
| Services in a position with the Illinois Century Network | 8 |
| and participates in the Article 15 system with respect to | 9 |
| that employment.
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| (c) An individual who represents or is employed as an | 11 |
| officer or employee of a statewide labor organization that | 12 |
| represents members of this System may participate in the System | 13 |
| and shall be deemed an employee, provided that (1) the | 14 |
| individual has previously earned creditable service under this | 15 |
| Article, (2) the individual files with the System an | 16 |
| irrevocable election to become a participant within 6 months | 17 |
| after the effective date of this amendatory Act of the 94th | 18 |
| General Assembly, and (3) the individual does not receive | 19 |
| credit for that employment under any other provisions of this | 20 |
| Code. An employee under this subsection (c) is responsible for | 21 |
| paying to the System both (i) employee contributions based on | 22 |
| the actual compensation received for service with the labor | 23 |
| organization and (ii) employer contributions based on the | 24 |
| percentage of payroll certified by the board; all or any part | 25 |
| of these contributions may be paid on the employee's behalf or | 26 |
| picked up for tax purposes (if authorized under federal law) by |
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| the labor organization. | 2 |
| A person who is an employee as defined in this subsection | 3 |
| (c) may establish service credit for similar employment prior | 4 |
| to becoming an employee under this subsection by paying to the | 5 |
| System for that employment the contributions specified in this | 6 |
| subsection, plus interest at the effective rate from the date | 7 |
| of service to the date of payment. However, credit shall not be | 8 |
| granted under this subsection (c) for any such prior employment | 9 |
| for which the applicant received credit under any other | 10 |
| provision of this Code or during which the applicant was on a | 11 |
| leave of absence.
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| (Source: P.A. 94-1111, eff. 2-27-07; 95-677, eff. 10-11-07.)
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| (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
| 14 |
| Sec. 14-133. Contributions by or on behalf of members.
| 15 |
| (a) Each participating employee shall make contributions | 16 |
| to the System,
based on the employee's compensation, as | 17 |
| follows:
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| (1) Covered employees, except as indicated below, 3.5% | 19 |
| for
retirement annuity, and 0.5% for a widow or survivors
| 20 |
| annuity;
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| (2) Noncovered employees, except as indicated below, | 22 |
| 7% for retirement
annuity and 1% for a widow or survivors | 23 |
| annuity;
| 24 |
| (3) Noncovered employees serving in a position in which | 25 |
| "eligible
creditable service" as defined in Section 14-110 |
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| may be earned, 1% for a widow
or survivors annuity
plus the | 2 |
| following amount for retirement annuity: 8.5% through | 3 |
| December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% | 4 |
| in 2004 and thereafter;
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| (4) Covered employees serving in a position in which | 6 |
| "eligible
creditable service" as defined in Section 14-110 | 7 |
| may be earned, 0.5% for
a widow or survivors annuity plus | 8 |
| the following amount for retirement
annuity: 5% through | 9 |
| December 31, 2001; 6% in 2002; 7% in 2003; and 8% in
2004 | 10 |
| and thereafter;
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| (5) Each security employee of the Department of | 12 |
| Corrections
or of the Department of Human Services who is a | 13 |
| covered employee, 0.5% for a
widow or survivors annuity
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| plus the following amount for retirement annuity: 5% | 15 |
| through December 31,
2001; 6% in 2002; 7% in 2003; and 8% | 16 |
| in 2004 and thereafter;
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| (6) Each security employee of the Department of | 18 |
| Corrections
or of the Department of Human Services who is | 19 |
| not a covered employee,
1% for a widow or survivors annuity
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| plus the following amount for retirement annuity: 8.5% | 21 |
| through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and | 22 |
| 11.5% in 2004 and thereafter.
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| (b) Contributions shall be in the form of a deduction from
| 24 |
| compensation and shall be made notwithstanding that the | 25 |
| compensation
paid in cash to the employee shall be reduced | 26 |
| thereby below the minimum
prescribed by law or regulation. Each |
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| member is deemed to consent and
agree to the deductions from | 2 |
| compensation provided for in this Article,
and shall receipt in | 3 |
| full for salary or compensation.
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| (c) All or a portion of the employee contributions required | 5 |
| under this
Section may be paid by the State on behalf of the | 6 |
| employee through a separate
line item appropriation to the | 7 |
| department for that purpose; this does not,
however, apply to | 8 |
| judges, constitutional officers, or members of the General
| 9 |
| Assembly.
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| (Source: P.A. 92-14, eff. 6-28-01.)
| 11 |
| (40 ILCS 5/18-101) (from Ch. 108 1/2, par. 18-101)
| 12 |
| Sec. 18-101. Creation of fund.
| 13 |
| A retirement system is created to be known as the "Judges | 14 |
| Retirement
System of Illinois". It shall be a trust separate | 15 |
| and distinct from all
other entities, maintained for the | 16 |
| purpose of securing the payment of
annuities and benefits as | 17 |
| prescribed herein.
| 18 |
| Participation in the retirement system created under this | 19 |
| Article is
restricted to persons who become participants before | 20 |
| the effective date of
this amendatory Act of the 95th General | 21 |
| Assembly. Beginning on that date,
the System shall not accept | 22 |
| any new participants.
| 23 |
| (Source: Laws 1963, p. 161.)
| 24 |
| (40 ILCS 5/18-102) (from Ch. 108 1/2, par. 18-102)
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| 1 |
| Sec. 18-102. Purpose.
| 2 |
| The purpose of the system is to establish an efficient | 3 |
| method of permitting
retirement, without hardship or | 4 |
| prejudice, of certain judges who are
aged or otherwise | 5 |
| incapacitated, by enabling them to accumulate reserves
for | 6 |
| themselves and their dependents for old age, disability, death, | 7 |
| and
termination of employment.
| 8 |
| (Source: Laws 1963, p. 161.)
| 9 |
| (40 ILCS 5/18-120) (from Ch. 108 1/2, par. 18-120)
| 10 |
| Sec. 18-120. Employee participation. An eligible judge who | 11 |
| is not a
participant shall become a participant beginning on | 12 |
| the date he or she becomes
an eligible judge, unless the judge | 13 |
| files with the board a written notice of
election not to | 14 |
| participate within 30 days of the date of being notified of the
| 15 |
| option.
| 16 |
| A person electing not to participate shall thereafter be | 17 |
| ineligible to
become a participant unless the election is | 18 |
| revoked as provided in Section
18-121.
| 19 |
| However, notwithstanding any other provision of this | 20 |
| Article, a person
shall not be deemed an eligible or | 21 |
| participating judge for the purposes of
this Article unless he | 22 |
| or she became a participant of the System before the
effective | 23 |
| date of this amendatory Act of the 95th General Assembly.
| 24 |
| (Source: P.A. 83-1440.)
| 25 |
| Section 99. Effective date. This Act takes effect upon |
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LRB095 19534 AMC 45850 b |
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| 1 |
| becoming law. |
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