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90_SB0448
40 ILCS 5/7-139.9 new
40 ILCS 5/18-112 from Ch. 108 1/2, par. 18-112
Amends the Illinois Pension Code. Allows an active or
retired judge to transfer up to 3 years of service credit
from the Illinois Municipal Retirement Fund to the Judges
Retirement System. Effective immediately.
LRB9002382EGfg
LRB9002382EGfg
1 AN ACT to amend the Illinois Pension Code by adding
2 Section 7-139.9 and changing Section 18-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 adding Section 7-139.9 and changing Section 18-112 as
7 follows:
8 (40 ILCS 5/7-139.9 new)
9 Sec. 7-139.9. Transfer to Article 18.
10 (a) Until July 1, 1998, an active or retired member of
11 the Judges Retirement System of Illinois may apply for
12 transfer of up to 3 years of his or her creditable service
13 accumulated under this Article to the Judges Retirement
14 System. At the time of the transfer the Fund shall pay to
15 the Judges Retirement System an amount equal to:
16 (1) the amounts accumulated to the credit of the
17 applicant for that service on the books of the Fund on
18 the date of transfer; and
19 (2) the corresponding municipality credits,
20 including interest, on the books of the Fund on the date
21 of transfer; and
22 (3) any interest paid by the applicant in order to
23 reinstate that service.
24 Participation in this Fund with respect to the transferred
25 credits shall terminate on the date of transfer.
26 (b) Until July 1, 1998, an active or retired member of
27 the Judges Retirement System of Illinois may reinstate
28 service that was terminated by receipt of a refund, by paying
29 to the Fund the amount of the refund with interest thereon at
30 the effective rate from the date of refund to the date of
31 payment.
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1 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
2 Sec. 18-112. Service. "Service": The period beginning
3 on the day a person first became a judge, whether prior or
4 subsequent to the effective date, and ending on the date
5 under consideration, excluding all intervening periods during
6 which he or she was not a judge following resignation or
7 expiration of any term of election or appointment.
8 Service also includes the following:
9 (a) Any period prior to January 1, 1964 during which a
10 judge served as a justice of the peace, police magistrate or
11 master in chancery, or as a civil referee, commissioner or
12 trial assistant to the chief judge in the Municipal Court of
13 Chicago, or performed judicial duties as an assistant to the
14 judge of the Probate Court of Cook County. A judge shall be
15 entitled to credit for all or as much as the judge may desire
16 of such service, not exceeding 8 years, upon payment of the
17 participant's contribution covering such service at the
18 contribution rates in effect on July 1, 1969, together with
19 interest at 4% per annum compounded annually, from the dates
20 the service was rendered to the date of payment, provided
21 credit for such service had not been granted in any public
22 pension fund or retirement system in the State. The required
23 contributions shall be based upon the rate of salary in
24 effect for the judge on the date he or she entered the System
25 or on January 1, 1964, whichever is later.
26 (b) Service rendered after January 1, 1964, as a
27 holdover magistrate or master in chancery of the Circuit
28 Court. A judge shall be entitled to credit for any period of
29 such service, not exceeding a total of 8 years, together with
30 the period of service taken into account in paragraph (a).
31 Service credit under this paragraph is subject to the same
32 contribution requirements and other limitations that are
33 prescribed for service credit under paragraph (a).
34 (c) Any period that a participant served as a member of
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1 the General Assembly, subject to the following conditions:
2 (1) He or she has been a participant in this System for
3 at least 4 years and has contributed to the System for
4 service rendered as a member of the General Assembly
5 subsequent to November 1, 1941, at the contribution rates in
6 effect for a judge on the date of becoming a participant,
7 including interest at 3% per annum compounded annually from
8 the date such service was rendered to the date of payment,
9 based on the salary in effect during such period of service;
10 and
11 (2) The participant is not entitled to credit for such
12 service in any other public retirement system in the State.
13 (d) Any period a participant served as a judge or
14 commissioner of the Court of Claims of this State after
15 November 1, 1941, provided he or she contributes to the
16 System at the contribution rates in effect on the date of
17 becoming a participant, based on salary received during such
18 service, including interest at 3% per annum compounded
19 annually from the date such service was rendered to the date
20 of payment.
21 (e) Any period that a participant served as State's
22 Attorney or Public Defender of any county of this State,
23 subject to the following conditions: (1) such service was not
24 credited under any public pension fund or retirement System;
25 (2) the maximum service to be credited in this System shall
26 be 8 years; (3) the participant must have at least 6 years of
27 service as a judge and as a participant of this System; and
28 (4) the participant has made contributions to the System for
29 such service at the contribution rates in effect on the date
30 of becoming a participant in this System based upon the
31 salary of the judge on such date, including interest at 4%
32 per annum compounded annually from such date to the date of
33 payment.
34 A judge who terminated service before January 26, 1988
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1 and whose retirement annuity began after January 1, 1988 may
2 establish credit for service as a Public Defender in
3 accordance with the other provisions of this subsection by
4 making application and paying the required contributions to
5 the Board not later than 30 days after August 23, 1989. In
6 such cases, the Board shall recalculate the retirement
7 annuity, effective on the first day of the next calendar
8 month beginning at least 30 days after the application is
9 received.
10 (f) Any period as a participating policeman, employee or
11 teacher under Article 5, 14 or 16 of this Code, subject to
12 the following conditions: (1) the credits accrued under
13 Article 5, 14 or 16 have been transferred to this System; and
14 (2) the participant has contributed to the System an amount
15 equal to (A) contributions at the rate in effect for
16 participants at the date of membership in this System based
17 upon the salary of the judge on such date, (B) the employer's
18 share of the normal cost under this System for each year that
19 credit is being established, based on the salary in effect at
20 the date of membership in this System, and (C) interest at 6%
21 per annum, compounded annually, from the date of membership
22 to the date of payment; less (D) the amount transferred on
23 behalf of the participant from the Article 5, 14, or 16
24 pension fund or retirement system.
25 (f-1) Up to 3 years as a participating employee under
26 Article 7 of this Code, subject to the following conditions:
27 (1) the applicant, who need no longer be in service, must
28 apply in writing before July 1, 1998; (2) the credits accrued
29 under Article 7 must be transferred to this System in
30 accordance with Section 7-139.9; and (3) the applicant must
31 contribute to the System an amount equal to (A) employee
32 contributions at the rate in effect for participants on the
33 date of the transfer, based on the judge's salary on the date
34 of application or, if no longer in service, the salary used
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1 to compute the judge's retirement annuity, plus (B) the
2 employer's share of the normal cost of the credit being
3 established, based on the salary specified in item (A), plus
4 (C) interest on the amounts specified in items (A) and (B) at
5 the rate of 6% per annum, compounded annually, from the date
6 of membership to the date of payment; less the amount
7 transferred on behalf of the participant from the Article 7
8 pension fund.
9 This subsection (f-1) applies to both active and retired
10 judges without regard to whether service was terminated
11 before the effective date of this amendatory Act of 1997. In
12 the case of an annuitant who establishes additional service
13 credit under this subsection, the retirement annuity shall be
14 recalculated to include the additional service credit. The
15 increase in annuity shall take effect on the first annuity
16 payment date following the System's receipt of the required
17 contributions. The increase in an annuity recalculated under
18 this provision shall be included in the calculation of
19 automatic annual increases in the retirement annuity accruing
20 after the effective date of the recalculation.
21 (g) Any period that a participant served as the
22 Administrative Director of the Circuit Court of Cook County,
23 as Executive Director of the Home Rule Commission, as
24 assistant corporation counsel in the Chicago Law Department,
25 or as an employee of the Cook County Treasurer, subject to
26 the following conditions: (1) the maximum amount of such
27 service which may be credited is 10 years; (2) in order to
28 qualify for such credit in this System, a judge must have at
29 least 6 years of service as a judge and participant of this
30 System; (3) the last 6 years of service credited in this
31 System shall be as a judge and a participant in this System;
32 (4) credits accrued to the participant under any other public
33 pension fund or public retirement system in the State, if
34 any, by reason of the service to be established under this
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1 paragraph (g) has been transferred to this System; and (5)
2 the participant has contributed to this System the amount, if
3 any, by which the amount transferred pursuant to subdivision
4 (4) of this paragraph, if any, is less than the amount which
5 the participant would have contributed to the System during
6 the period of time being counted as service under this
7 paragraph had the participant been a judge participating in
8 this System during that time, based on the rate of
9 contribution in effect and the salary earned by the
10 participant on the date he or she became a participant, with
11 interest accruing on such deficiency at a rate of 5% per
12 annum from the date he or she became a participant through
13 the date on which such deficiency is paid.
14 (h) Any period that a participant served as a full-time
15 attorney employed by the Chicago Transit Authority created by
16 the Metropolitan Transit Authority Act, subject to the
17 following conditions: (1) any credit received for such
18 service in the pension fund established under Section 22-101
19 has been terminated; (2) the maximum amount of such service
20 to be credited in this System shall be 10 years; (3) the
21 participant must have at least 6 years of service as a judge
22 and as a participant of this System; and (4) the participant
23 has made contributions to the System for such service at the
24 contribution rates in effect on the date of becoming a
25 participant in this System based upon the salary of the judge
26 on such date, including interest at 5% per annum compounded
27 annually from such date to the date of payment.
28 (i) Any period during which a participant received
29 temporary total disability benefit payments, as provided in
30 Section 18-126.1.
31 Service during a fraction of a month shall be considered
32 a month of service, but no more than one month of service
33 shall be credited for all service during any calendar month.
34 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.