Public Act 095-0483
 
HB0804 Enrolled LRB095 10606 AMC 30828 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Sections 3-109, 7-139, and 14-104 as follows:
 
    (40 ILCS 5/3-109)  (from Ch. 108 1/2, par. 3-109)
    Sec. 3-109. Persons excluded.
    (a) The following persons shall not be eligible to
participate in a fund created under this Article:
        (1) part-time police officers, special police
    officers, night watchmen, temporary employees, traffic
    guards or so-called auxiliary police officers specially
    appointed to aid or direct traffic at or near schools or
    public functions, or to aid in civil defense, municipal
    parking lot attendants, clerks or other civilian employees
    of a police department who perform clerical duties
    exclusively;
        (2) any police officer who fails to pay the
    contributions required under Section 3-125.1, computed (i)
    for funds established prior to August 5, 1963, from the
    date the municipality established the fund or the date of a
    police officer's first appointment (including an
    appointment on probation), whichever is later, or (ii) for
    funds established after August 5, 1963, from the date, as
    determined from the statistics or census provided in
    Section 3-103, the municipality became subject to this
    Article by attaining the minimum population or by
    referendum, or the date of a police officer's first
    appointment (including an appointment on probation),
    whichever is later, and continuing during his or her entire
    service as a police officer; and
        (3) any person who has elected under Section 3-109.1 to
    participate in the Illinois Municipal Retirement Fund
    rather than in a fund established under this Article,
    without regard to whether the person continues to be
    employed as chief of police or is employed in some other
    rank or capacity within the police department, unless the
    person has lawfully rescinded that election.
    (b) A police officer who is reappointed shall, before being
declared eligible to participate in the pension fund, repay to
the fund as required by Section 3-124 any refund received
thereunder.
    (c) Any person otherwise qualified to participate who was
excluded from participation by reason of the age restriction
removed by Public Act 79-1165 may elect to participate by
making a written application to the Board before January 1,
1990. Persons so electing shall begin participation on the
first day of the month following the date of application. Such
persons may also elect to establish creditable service for
periods of employment as a police officer during which they did
not participate by paying into the police pension fund, before
January 1, 1990, the amount that the person would have
contributed had deductions from salary been made for such
purpose at the time such service was rendered, together with
interest thereon at 6% per annum from the time such service was
rendered until the date the payment is made.
    (d) A person otherwise qualified to participate who was
excluded from participation by reason of the fitness
requirement removed by this amendatory Act of 1995 may elect to
participate by making a written application to the Board before
July 1, 1996. Persons so electing shall begin participation on
the first day of the month following the month in which the
application is received by the Board. These persons may also
elect to establish creditable service for periods of employment
as a police officer during which they did not participate by
paying into the police pension fund, before January 1, 1997,
the amount that the person would have contributed had
deductions from salary been made for this purpose at the time
the service was rendered, together with interest thereon at 6%
per annum, compounded annually, from the time the service was
rendered until the date of payment.
    (e) A person employed by the Village of Shiloh who is
otherwise qualified to participate and was excluded from
participation by reason of his or her failure to make written
application to the Board within 3 months after receiving his or
her first appointment or reappointment as required under
Section 3-106 may elect to participate by making a written
application to the Board before July 1, 2008. Persons so
electing shall begin participation on the first day of the
month following the month in which the application is received
by the Board. These persons may also elect to establish
creditable service for periods of employment as a police
officer during which they did not participate by paying into
the police pension fund, before January 1, 2009, the amount
that the person would have contributed had deductions from
salary been made for this purpose at the time the service was
rendered, together with interest thereon at 6% per annum,
compounded annually, from the time the service was rendered
until the date of payment. The Village of Shiloh must pay to
the System the corresponding employer contributions, plus
interest.
(Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
 
    (40 ILCS 5/7-139)  (from Ch. 108 1/2, par. 7-139)
    Sec. 7-139. Credits and creditable service to employees.
    (a) Each participating employee shall be granted credits
and creditable service, for purposes of determining the amount
of any annuity or benefit to which he or a beneficiary is
entitled, as follows:
        1. For prior service: Each participating employee who
    is an employee of a participating municipality or
    participating instrumentality on the effective date shall
    be granted creditable service, but no credits under
    paragraph 2 of this subsection (a), for periods of prior
    service for which credit has not been received under any
    other pension fund or retirement system established under
    this Code, as follows:
        If the effective date of participation for the
    participating municipality or participating
    instrumentality is on or before January 1, 1998, creditable
    service shall be granted for the entire period of prior
    service with that employer without any employee
    contribution.
        If the effective date of participation for the
    participating municipality or participating
    instrumentality is after January 1, 1998, creditable
    service shall be granted for the last 20% of the period of
    prior service with that employer, but no more than 5 years,
    without any employee contribution. A participating
    employee may establish creditable service for the
    remainder of the period of prior service with that employer
    by making an application in writing, accompanied by payment
    of an employee contribution in an amount determined by the
    Fund, based on the employee contribution rates in effect at
    the time of application for the creditable service and the
    employee's salary rate on the effective date of
    participation for that employer, plus interest at the
    effective rate from the date of the prior service to the
    date of payment. Application for this creditable service
    may be made at any time while the employee is still in
    service.
        A municipality that (i) has at least 35 employees; (ii)
    is located in a county with at least 2,000,000 inhabitants;
    and (iii) maintains an independent defined benefit pension
    plan for the benefit of its eligible employees may restrict
    creditable service in whole or in part for periods of prior
    service with the employer if the governing body of the
    municipality adopts an irrevocable resolution to restrict
    that creditable service and files the resolution with the
    board before the municipality's effective date of
    participation.
        Any person who has withdrawn from the service of a
    participating municipality or participating
    instrumentality prior to the effective date, who reenters
    the service of the same municipality or participating
    instrumentality after the effective date and becomes a
    participating employee is entitled to creditable service
    for prior service as otherwise provided in this subdivision
    (a)(1) only if he or she renders 2 years of service as a
    participating employee after the effective date.
    Application for such service must be made while in a
    participating status. The salary rate to be used in the
    calculation of the required employee contribution, if any,
    shall be the employee's salary rate at the time of first
    reentering service with the employer after the employer's
    effective date of participation.
        2. For current service, each participating employee
    shall be credited with:
            a. Additional credits of amounts equal to each
        payment of additional contributions received from him
        under Section 7-173, as of the date the corresponding
        payment of earnings is payable to him.
            b. Normal credits of amounts equal to each payment
        of normal contributions received from him, as of the
        date the corresponding payment of earnings is payable
        to him, and normal contributions made for the purpose
        of establishing out-of-state service credits as
        permitted under the conditions set forth in paragraph 6
        of this subsection (a).
            c. Municipality credits in an amount equal to 1.4
        times the normal credits, except those established by
        out-of-state service credits, as of the date of
        computation of any benefit if these credits would
        increase the benefit.
            d. Survivor credits equal to each payment of
        survivor contributions received from the participating
        employee as of the date the corresponding payment of
        earnings is payable, and survivor contributions made
        for the purpose of establishing out-of-state service
        credits.
        3. For periods of temporary and total and permanent
    disability benefits, each employee receiving disability
    benefits shall be granted creditable service for the period
    during which disability benefits are payable. Normal and
    survivor credits, based upon the rate of earnings applied
    for disability benefits, shall also be granted if such
    credits would result in a higher benefit to any such
    employee or his beneficiary.
        4. For authorized leave of absence without pay: A
    participating employee shall be granted credits and
    creditable service for periods of authorized leave of
    absence without pay under the following conditions:
            a. An application for credits and creditable
        service is submitted to the board while the employee is
        in a status of active employment, and within 2 years
        after termination of the leave of absence period for
        which credits and creditable service are sought.
            b. Not more than 12 complete months of creditable
        service for authorized leave of absence without pay
        shall be counted for purposes of determining any
        benefits payable under this Article.
            c. Credits and creditable service shall be granted
        for leave of absence only if such leave is approved by
        the governing body of the municipality, including
        approval of the estimated cost thereof to the
        municipality as determined by the fund, and employee
        contributions, plus interest at the effective rate
        applicable for each year from the end of the period of
        leave to date of payment, have been paid to the fund in
        accordance with Section 7-173. The contributions shall
        be computed upon the assumption earnings continued
        during the period of leave at the rate in effect when
        the leave began.
            d. Benefits under the provisions of Sections
        7-141, 7-146, 7-150 and 7-163 shall become payable to
        employees on authorized leave of absence, or their
        designated beneficiary, only if such leave of absence
        is creditable hereunder, and if the employee has at
        least one year of creditable service other than the
        service granted for leave of absence. Any employee
        contributions due may be deducted from any benefits
        payable.
            e. No credits or creditable service shall be
        allowed for leave of absence without pay during any
        period of prior service.
        5. For military service: The governing body of a
    municipality or participating instrumentality may elect to
    allow creditable service to participating employees who
    leave their employment to serve in the armed forces of the
    United States for all periods of such service, provided
    that the person returns to active employment within 90 days
    after completion of full time active duty, but no
    creditable service shall be allowed such person for any
    period that can be used in the computation of a pension or
    any other pay or benefit, other than pay for active duty,
    for service in any branch of the armed forces of the United
    States. If necessary to the computation of any benefit, the
    board shall establish municipality credits for
    participating employees under this paragraph on the
    assumption that the employee received earnings at the rate
    received at the time he left the employment to enter the
    armed forces. A participating employee in the armed forces
    shall not be considered an employee during such period of
    service and no additional death and no disability benefits
    are payable for death or disability during such period.
        Any participating employee who left his employment
    with a municipality or participating instrumentality to
    serve in the armed forces of the United States and who
    again became a participating employee within 90 days after
    completion of full time active duty by entering the service
    of a different municipality or participating
    instrumentality, which has elected to allow creditable
    service for periods of military service under the preceding
    paragraph, shall also be allowed creditable service for his
    period of military service on the same terms that would
    apply if he had been employed, before entering military
    service, by the municipality or instrumentality which
    employed him after he left the military service and the
    employer costs arising in relation to such grant of
    creditable service shall be charged to and paid by that
    municipality or instrumentality.
        Notwithstanding the foregoing, any participating
    employee shall be entitled to creditable service as
    required by any federal law relating to re-employment
    rights of persons who served in the United States Armed
    Services. Such creditable service shall be granted upon
    payment by the member of an amount equal to the employee
    contributions which would have been required had the
    employee continued in service at the same rate of earnings
    during the military leave period, plus interest at the
    effective rate.
        5.1. In addition to any creditable service established
    under paragraph 5 of this subsection (a), creditable
    service may be granted for up to 48 24 months of service in
    the armed forces of the United States.
        In order to receive creditable service for military
    service under this paragraph 5.1, a participating employee
    must (1) apply to the Fund in writing and provide evidence
    of the military service that is satisfactory to the Board;
    (2) obtain the written approval of the current employer;
    and (3) make contributions to the Fund equal to (i) the
    employee contributions that would have been required had
    the service been rendered as a member, plus (ii) an amount
    determined by the board to be equal to the employer's
    normal cost of the benefits accrued for that military
    service, plus (iii) interest on items (i) and (ii) from the
    date of first membership in the Fund to the date of
    payment. If payment is made during the 6-month period that
    begins 3 months after the effective date of this amendatory
    Act of 1997, the required interest shall be at the rate of
    2.5% per year, compounded annually; otherwise, the
    required interest shall be calculated at the regular
    interest rate.
        The changes made to this paragraph 5.1 by this
    amendatory Act of the 95th General Assembly apply only to
    participating employees in service on or after its
    effective date.
        6. For out-of-state service: Creditable service shall
    be granted for service rendered to an out-of-state local
    governmental body under the following conditions: The
    employee had participated and has irrevocably forfeited
    all rights to benefits in the out-of-state public employees
    pension system; the governing body of his participating
    municipality or instrumentality authorizes the employee to
    establish such service; the employee has 2 years current
    service with this municipality or participating
    instrumentality; the employee makes a payment of
    contributions, which shall be computed at 8% (normal) plus
    2% (survivor) times length of service purchased times the
    average rate of earnings for the first 2 years of service
    with the municipality or participating instrumentality
    whose governing body authorizes the service established
    plus interest at the effective rate on the date such
    credits are established, payable from the date the employee
    completes the required 2 years of current service to date
    of payment. In no case shall more than 120 months of
    creditable service be granted under this provision.
        7. For retroactive service: Any employee who could have
    but did not elect to become a participating employee, or
    who should have been a participant in the Municipal Public
    Utilities Annuity and Benefit Fund before that fund was
    superseded, may receive creditable service for the period
    of service not to exceed 50 months; however, a current or
    former elected or appointed official of a participating
    municipality may establish credit under this paragraph 7
    for more than 50 months of service as an official of that
    municipality, if the excess over 50 months is approved by
    resolution of the governing body of the affected
    municipality filed with the Fund before January 1, 2002.
        Any employee who is a participating employee on or
    after September 24, 1981 and who was excluded from
    participation by the age restrictions removed by Public Act
    82-596 may receive creditable service for the period, on or
    after January 1, 1979, excluded by the age restriction and,
    in addition, if the governing body of the participating
    municipality or participating instrumentality elects to
    allow creditable service for all employees excluded by the
    age restriction prior to January 1, 1979, for service
    during the period prior to that date excluded by the age
    restriction. Any employee who was excluded from
    participation by the age restriction removed by Public Act
    82-596 and who is not a participating employee on or after
    September 24, 1981 may receive creditable service for
    service after January 1, 1979. Creditable service under
    this paragraph shall be granted upon payment of the
    employee contributions which would have been required had
    he participated, with interest at the effective rate for
    each year from the end of the period of service established
    to date of payment.
        8. For accumulated unused sick leave: A participating
    employee who is applying for a retirement annuity shall be
    entitled to creditable service for that portion of the
    employee's accumulated unused sick leave for which payment
    is not received, as follows:
            a. Sick leave days shall be limited to those
        accumulated under a sick leave plan established by a
        participating municipality or participating
        instrumentality which is available to all employees or
        a class of employees.
            b. Only sick leave days accumulated with a
        participating municipality or participating
        instrumentality with which the employee was in service
        within 60 days of the effective date of his retirement
        annuity shall be credited; If the employee was in
        service with more than one employer during this period
        only the sick leave days with the employer with which
        the employee has the greatest number of unpaid sick
        leave days shall be considered.
            c. The creditable service granted shall be
        considered solely for the purpose of computing the
        amount of the retirement annuity and shall not be used
        to establish any minimum service period required by any
        provision of the Illinois Pension Code, the effective
        date of the retirement annuity, or the final rate of
        earnings.
            d. The creditable service shall be at the rate of
        1/20 of a month for each full sick day, provided that
        no more than 12 months may be credited under this
        subdivision 8.
            e. Employee contributions shall not be required
        for creditable service under this subdivision 8.
            f. Each participating municipality and
        participating instrumentality with which an employee
        has service within 60 days of the effective date of his
        retirement annuity shall certify to the board the
        number of accumulated unpaid sick leave days credited
        to the employee at the time of termination of service.
        9. For service transferred from another system:
    Credits and creditable service shall be granted for service
    under Article 3, 4, 5, 14 or 16 of this Act, to any active
    member of this Fund, and to any inactive member who has
    been a county sheriff, upon transfer of such credits
    pursuant to Section 3-110.3, 4-108.3, 5-235, 14-105.6 or
    16-131.4, and payment by the member of the amount by which
    (1) the employer and employee contributions that would have
    been required if he had participated in this Fund as a
    sheriff's law enforcement employee during the period for
    which credit is being transferred, plus interest thereon at
    the effective rate for each year, compounded annually, from
    the date of termination of the service for which credit is
    being transferred to the date of payment, exceeds (2) the
    amount actually transferred to the Fund. Such transferred
    service shall be deemed to be service as a sheriff's law
    enforcement employee for the purposes of Section 7-142.1.
        10. For service transferred from an Article 3 system
    under Section 3-110.8: Credits and creditable service
    shall be granted for service under Article 3 of this Act as
    provided in Section 3-110.8, to any active member of this
    Fund upon transfer of such credits pursuant to Section
    3-110.8. If the amount by which (1) the employer and
    employee contributions that would have been required if he
    had participated in this Fund during the period for which
    credit is being transferred, plus interest thereon at the
    effective rate for each year, compounded annually, from the
    date of termination of the service for which credit is
    being transferred to the date of payment, exceeds (2) the
    amount actually transferred to the Fund, then the amount of
    creditable service established under this paragraph 10
    shall be reduced by a corresponding amount in accordance
    with the rules and procedures established under this
    paragraph 10.
        The board shall establish by rule the manner of making
    the calculation required under this paragraph 10, taking
    into account the appropriate actuarial assumptions; the
    member's service, age, and salary history; the level of
    funding of the employer; and any other factors that the
    board determines to be relevant.
    (b) Creditable service - amount:
        1. One month of creditable service shall be allowed for
    each month for which a participating employee made
    contributions as required under Section 7-173, or for which
    creditable service is otherwise granted hereunder. Not
    more than 1 month of service shall be credited and counted
    for 1 calendar month, and not more than 1 year of service
    shall be credited and counted for any calendar year. A
    calendar month means a nominal month beginning on the first
    day thereof, and a calendar year means a year beginning
    January 1 and ending December 31.
        2. A seasonal employee shall be given 12 months of
    creditable service if he renders the number of months of
    service normally required by the position in a 12-month
    period and he remains in service for the entire 12-month
    period. Otherwise a fractional year of service in the
    number of months of service rendered shall be credited.
        3. An intermittent employee shall be given creditable
    service for only those months in which a contribution is
    made under Section 7-173.
    (c) No application for correction of credits or creditable
service shall be considered unless the board receives an
application for correction while (1) the applicant is a
participating employee and in active employment with a
participating municipality or instrumentality, or (2) while
the applicant is actively participating in a pension fund or
retirement system which is a participating system under the
Retirement Systems Reciprocal Act. A participating employee or
other applicant shall not be entitled to credits or creditable
service unless the required employee contributions are made in
a lump sum or in installments made in accordance with board
rule.
    (d) Upon the granting of a retirement, surviving spouse or
child annuity, a death benefit or a separation benefit, on
account of any employee, all individual accumulated credits
shall thereupon terminate. Upon the withdrawal of additional
contributions, the credits applicable thereto shall thereupon
terminate. Terminated credits shall not be applied to increase
the benefits any remaining employee would otherwise receive
under this Article.
(Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
 
    (40 ILCS 5/14-104)  (from Ch. 108 1/2, par. 14-104)
    Sec. 14-104. Service for which contributions permitted.
Contributions provided for in this Section shall cover the
period of service granted. Except as otherwise provided in this
Section, the contributions shall be based upon the employee's
compensation and contribution rate in effect on the date he
last became a member of the System; provided that for all
employment prior to January 1, 1969 the contribution rate shall
be that in effect for a noncovered employee on the date he last
became a member of the System. Except as otherwise provided in
this Section, contributions permitted under this Section shall
include regular interest from the date an employee last became
a member of the System to the date of payment.
    These contributions must be paid in full before retirement
either in a lump sum or in installment payments in accordance
with such rules as may be adopted by the board.
    (a) Any member may make contributions as required in this
Section for any period of service, subsequent to the date of
establishment, but prior to the date of membership.
    (b) Any employee who had been previously excluded from
membership because of age at entry and subsequently became
eligible may elect to make contributions as required in this
Section for the period of service during which he was
ineligible.
    (c) An employee of the Department of Insurance who, after
January 1, 1944 but prior to becoming eligible for membership,
received salary from funds of insurance companies in the
process of rehabilitation, liquidation, conservation or
dissolution, may elect to make contributions as required in
this Section for such service.
    (d) Any employee who rendered service in a State office to
which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such service as
required in this Section. Any member who served by appointment
of the Governor under the Civil Administrative Code of Illinois
and did not participate in this System may make contributions
as required in this Section for such service.
    (e) Any person employed by the United States government or
any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of a transfer from
State service by executive order of the President of the United
States shall be entitled to prior service credit covering the
period from January 1, 1942 through December 31, 1943 as
provided for in this Article and to membership service credit
for the period from January 1, 1944 through November 15, 1946
by making the contributions required in this Section. A person
so employed on January 1, 1944 but whose employment began after
January 1, 1942 may qualify for prior service and membership
service credit under the same conditions.
    (f) An employee of the Department of Labor of the State of
Illinois who performed services for and under the supervision
of that Department prior to January 1, 1944 but who was
compensated for those services directly by federal funds and
not by a warrant of the Auditor of Public Accounts paid by the
State Treasurer may establish credit for such employment by
making the contributions required in this Section. An employee
of the Department of Agriculture of the State of Illinois, who
performed services for and under the supervision of that
Department prior to June 1, 1963, but was compensated for those
services directly by federal funds and not paid by a warrant of
the Auditor of Public Accounts paid by the State Treasurer, and
who did not contribute to any other public employee retirement
system for such service, may establish credit for such
employment by making the contributions required in this
Section.
    (g) Any employee who executed a waiver of membership within
60 days prior to January 1, 1944 may, at any time while in the
service of a department, file with the board a rescission of
such waiver. Upon making the contributions required by this
Section, the member shall be granted the creditable service
that would have been received if the waiver had not been
executed.
    (h) Until May 1, 1990, an employee who was employed on a
full-time basis by a regional planning commission for at least
5 continuous years may establish creditable service for such
employment by making the contributions required under this
Section, provided that any credits earned by the employee in
the commission's retirement plan have been terminated.
    (i) Any person who rendered full time contractual services
to the General Assembly as a member of a legislative staff may
establish service credit for up to 8 years of such services by
making the contributions required under this Section, provided
that application therefor is made not later than July 1, 1991.
    (j) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, but with all of the interest calculated from the date
the employee last became a member of the System or November 19,
1991, whichever is later, to the date of payment, an employee
may establish service credit for a period of up to 4 2 years
spent in active military service for which he does not qualify
for credit under Section 14-105, provided that (1) he was not
dishonorably discharged from such military service, and (2) the
amount of service credit established by a member under this
subsection (j), when added to the amount of military service
credit granted to the member under subsection (b) of Section
14-105, shall not exceed 5 years. The change in the manner of
calculating interest under this subsection (j) made by this
amendatory Act of the 92nd General Assembly applies to credit
purchased by an employee on or after its effective date and
does not entitle any person to a refund of contributions or
interest already paid. In compliance with Section 14-152.1 of
this Act concerning new benefit increases, any new benefit
increase as a result of the changes to this subsection (j) made
by this amendatory Act of the 95th General Assembly is funded
through the employee contributions provided for in this
subsection (j). Any new benefit increase as a result of the
changes made to this subsection (j) by this amendatory Act of
the 95th General Assembly is exempt from the provisions of
subsection (d) of Section 14-152.1.
    (k) An employee who was employed on a full-time basis by
the Illinois State's Attorneys Association Statewide Appellate
Assistance Service LEAA-ILEC grant project prior to the time
that project became the State's Attorneys Appellate Service
Commission, now the Office of the State's Attorneys Appellate
Prosecutor, an agency of State government, may establish
creditable service for not more than 60 months service for such
employment by making contributions required under this
Section.
    (l) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
less than one year spent on authorized leave of absence from
service, provided that (1) the period of leave began on or
after January 1, 1982 and (2) any credit established by the
member for the period of leave in any other public employee
retirement system has been terminated. A member may establish
service credit under this subsection for more than one period
of authorized leave, and in that case the total period of
service credit established by the member under this subsection
may exceed one year. In determining the contributions required
for establishing service credit under this subsection, the
interest shall be calculated from the beginning of the leave of
absence to the date of payment.
    (m) Any person who rendered contractual services to a
member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the contributions
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. To establish credit under this
subsection, the applicant must apply to the System by March 1,
1998.
    (n) Any person who rendered contractual services to a
member of the General Assembly as a worker providing
constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
    (o) A member who participated in the Illinois Legislative
Staff Internship Program may establish creditable service for
up to one year of that participation by making the contribution
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. Credit may not be established under this
subsection for any period for which service credit is
established under any other provision of this Code.
    (p) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for a period of
up to 8 years during which he or she was employed by the
Visually Handicapped Managers of Illinois in a vending program
operated under a contractual agreement with the Department of
Rehabilitation Services or its successor agency.
    This subsection (p) applies without regard to whether the
person was in service on or after the effective date of this
amendatory Act of the 94th General Assembly. In the case of a
person who is receiving a retirement annuity on that effective
date, the increase, if any, shall begin to accrue on the first
annuity payment date following receipt by the System of the
contributions required under this subsection (p).
    (q) By paying the required contributions under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest, an
employee who was laid off but returned to State employment
under circumstances in which the employee is considered to have
been in continuous service for purposes of determining
seniority may establish creditable service for the period of
the layoff, provided that (1) the applicant applies for the
creditable service under this subsection (q) within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, (2) the applicant does not receive credit for
that period under any other provision of this Code, (3) at the
time of the layoff, the applicant is not in an initial
probationary status consistent with the rules of the Department
of Central Management Services, and (4) the total amount of
creditable service established by the applicant under this
subsection (q) does not exceed 3 years. For service established
under this subsection (q), the required employee contribution
shall be based on the rate of compensation earned by the
employee on the date of returning to employment after the
layoff and the contribution rate then in effect, and the
required interest shall be calculated from the date of
returning to employment after the layoff to the date of
payment.
(Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 95th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.