State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ]


92_HB0233eng

 
HB0233 Engrossed                               LRB9203719EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 14-104.

 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    changing Section 14-104 as follows:

 7        (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
 8        Sec.  14-104.  Service for which contributions permitted.
 9    Contributions provided for in this Section  shall  cover  the
10    period  of  service granted.  Except as otherwise provided in
11    this Section, the  contributions  shall  be  based  upon  the
12    employee's  compensation  and  contribution rate in effect on
13    the date he last became a member of the System; provided that
14    for all employment prior to January 1, 1969 the  contribution
15    rate shall be that in effect for a noncovered employee on the
16    date  he  last  became  a  member  of  the System.  Except as
17    otherwise provided in this Section,  contributions  permitted
18    under  this  Section  shall include regular interest from the
19    date an employee last became a member of the  System  to  the
20    date of payment.
21        These   contributions   must   be  paid  in  full  before
22    retirement either in a lump sum or in installment payments in
23    accordance with such rules as may be adopted by the board.
24        (a)  Any member may make  contributions  as  required  in
25    this  Section  for  any  period of service, subsequent to the
26    date of establishment, but prior to the date of membership.
27        (b)  Any employee who had been previously  excluded  from
28    membership  because  of  age at entry and subsequently became
29    eligible may elect to make contributions as required in  this
30    Section  for  the  period  of  service  during  which  he was
31    ineligible.
 
HB0233 Engrossed            -2-                LRB9203719EGfg
 1        (c)  An employee of  the  Department  of  Insurance  who,
 2    after  January  1,  1944  but  prior to becoming eligible for
 3    membership, received salary from funds of insurance companies
 4    in the process of rehabilitation,  liquidation,  conservation
 5    or  dissolution,  may elect to make contributions as required
 6    in this Section for such service.
 7        (d)  Any employee who rendered service in a State  office
 8    to  which he was elected, or rendered service in the elective
 9    office of Clerk of the Appellate Court prior to the  date  he
10    became  a  member, may make contributions for such service as
11    required  in  this  Section.   Any  member  who   served   by
12    appointment  of  the  Governor under the Civil Administrative
13    Code of Illinois and did not participate in this  System  may
14    make  contributions  as  required  in  this  Section for such
15    service.
16        (e)  Any person employed by the United States  government
17    or any instrumentality or agency thereof from January 1, 1942
18    through  November  15,  1946 as the result of a transfer from
19    State service by executive order  of  the  President  of  the
20    United  States  shall  be  entitled  to  prior service credit
21    covering the period from January 1, 1942 through December 31,
22    1943 as provided  for  in  this  Article  and  to  membership
23    service  credit   for the period from January 1, 1944 through
24    November 15, 1946 by making  the  contributions  required  in
25    this  Section.   A  person so employed on January 1, 1944 but
26    whose employment began after January 1, 1942 may qualify  for
27    prior  service  and  membership service credit under the same
28    conditions.
29        (f)  An employee of the Department of Labor of the  State
30    of   Illinois  who  performed  services  for  and  under  the
31    supervision of that Department prior to January 1,  1944  but
32    who  was  compensated  for those services directly by federal
33    funds and not by a warrant of the Auditor of Public  Accounts
34    paid  by  the  State  Treasurer may establish credit for such
 
HB0233 Engrossed            -3-                LRB9203719EGfg
 1    employment by  making  the  contributions  required  in  this
 2    Section.  An employee of the Department of Agriculture of the
 3    State of Illinois, who performed services for and  under  the
 4    supervision of that Department prior to June 1, 1963, but was
 5    compensated  for those services directly by federal funds and
 6    not paid by a warrant of the Auditor of Public Accounts  paid
 7    by  the  State  Treasurer,  and who did not contribute to any
 8    other public employee retirement system for such service, may
 9    establish  credit  for  such   employment   by   making   the
10    contributions required in this Section.
11        (g)  Any  employee  who  executed  a waiver of membership
12    within 60 days prior to January 1,  1944  may,  at  any  time
13    while  in  the service of a department, file with the board a
14    rescission of such waiver.   Upon  making  the  contributions
15    required  by  this  Section,  the member shall be granted the
16    creditable service that  would  have  been  received  if  the
17    waiver had not been executed.
18        (h)  Until May 1, 1990, an employee who was employed on a
19    full-time  basis  by  a  regional  planning commission for at
20    least 5 continuous years may establish creditable service for
21    such employment by making the  contributions  required  under
22    this  Section,  provided  that  any  credits  earned  by  the
23    employee  in  the  commission's  retirement  plan  have  been
24    terminated.
25        (i)  Any   person  who  rendered  full  time  contractual
26    services to the General Assembly as a member of a legislative
27    staff may establish service credit for up to 8 years of  such
28    services  by  making  the  contributions  required under this
29    Section, provided that application therefor is made not later
30    than July 1, 1991.
31        (j)  By paying the contributions otherwise required under
32    this Section, plus an amount determined by the  Board  to  be
33    equal  to  the  employer's  normal  cost  of the benefit plus
34    interest, an employee may  establish  service  credit  for  a
 
HB0233 Engrossed            -4-                LRB9203719EGfg
 1    period  of up to 2 years spent in active military service for
 2    which he does not qualify for credit  under  Section  14-105,
 3    provided  that  (1)  he  was not dishonorably discharged from
 4    such military service, and (2) the amount of  service  credit
 5    established by a member under this subsection (j), when added
 6    to  the  amount  of  military  service  credit granted to the
 7    member under subsection (b)  of  Section  14-105,  shall  not
 8    exceed 5 years.
 9        (k)  An employee who was employed on a full-time basis by
10    the   Illinois   State's   Attorneys   Association  Statewide
11    Appellate Assistance Service LEAA-ILEC grant project prior to
12    the time that project became the State's Attorneys  Appellate
13    Service  Commission,  now the Office of the State's Attorneys
14    Appellate Prosecutor, an  agency  of  State  government,  may
15    establish  creditable  service  for  not  more than 60 months
16    service for such employment by making contributions  required
17    under this Section.
18        (l)  By paying the contributions otherwise required under
19    this  Section,  plus  an amount determined by the Board to be
20    equal to the employer's  normal  cost  of  the  benefit  plus
21    interest,  a  member may establish service credit for periods
22    of less than one year spent on authorized  leave  of  absence
23    from  service, provided that (1) the period of leave began on
24    or after January 1, 1982 and (2) any  credit  established  by
25    the  member  for  the  period  of  leave  in any other public
26    employee retirement system has been terminated.  A member may
27    establish service credit under this subsection for more  than
28    one  period  of  authorized leave, and in that case the total
29    period of service credit established by the member under this
30    subsection  may  exceed  one  year.    In   determining   the
31    contributions  required for establishing service credit under
32    this subsection, the interest shall be  calculated  from  the
33    beginning of the leave of absence to the date of payment.
34        (m)  Any  person  who  rendered contractual services to a
 
HB0233 Engrossed            -5-                LRB9203719EGfg
 1    member of the General Assembly as a worker  in  the  member's
 2    district  office may establish creditable service for up to 3
 3    years  of  those   contractual   services   by   making   the
 4    contributions  required under this Section.  The System shall
 5    determine a full-time salary equivalent for  the  purpose  of
 6    calculating  the  required contribution.  To establish credit
 7    under this subsection, the applicant must apply to the System
 8    by March 1, 1998.
 9        (n)  Any person who rendered contractual  services  to  a
10    member   of  the  General  Assembly  as  a  worker  providing
11    constituent services to persons in the member's district  may
12    establish  creditable  service  for  up  to  8 years of those
13    contractual services by  making  the  contributions  required
14    under  this  Section.  The System shall determine a full-time
15    salary equivalent for the purpose of calculating the required
16    contribution.  To establish credit under this subsection, the
17    applicant must apply to the System by March 1, 1998.
18        (o)  A  member   who   participated   in   the   Illinois
19    Legislative Staff Internship Program may establish creditable
20    service  for  up  to one year of that participation by making
21    the contribution required under this  Section.    The  System
22    shall determine a full-time salary equivalent for the purpose
23    of  calculating the required contribution.  Credit may not be
24    established under this subsection for any  period  for  which
25    service  credit  is  established under any other provision of
26    this Code.
27        (p)  By paying  the  contributions  required  under  this
28    Section,  plus  an amount determined by the Board to be equal
29    to the employer's normal cost of the benefit  plus  interest,
30    an employee who was laid off but returned to State employment
31    under  circumstances  in  which the employee is considered to
32    have been in continuous service for purposes  of  determining
33    seniority  may establish creditable service for the period of
34    the layoff, provided that (1) the applicant does not  receive
 
HB0233 Engrossed            -6-                LRB9203719EGfg
 1    credit  for  that  period  under  any other provision of this
 2    Code, (2) at the  time  of  the  layoff,  the  applicant  had
 3    attained  certified  status under the rules of the Department
 4    of Central Management Services, and (3) the total  amount  of
 5    creditable  service  established  by the applicant under this
 6    subsection does not exceed 2 years.  For service  established
 7    under  this  subsection,  the  required employee contribution
 8    shall be based on the rate  of  compensation  earned  by  the
 9    employee  on  the  date  of returning to employment after the
10    layoff and the contribution rate  then  in  effect,  and  the
11    required  interest  shall  be  calculated  from  the  date of
12    returning to employment after  the  layoff  to  the  date  of
13    payment.
14    (Source: P.A.  90-32,  eff.  6-27-97;  90-448,  eff. 8-16-97;
15    90-511, eff. 8-22-97;  90-655,  eff.  7-30-98;  90-766,  eff.
16    8-14-98.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

[ Top ]