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Public Act 093-1069 |
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AN ACT in relation to State employees.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 14-103.05 and 18-127 and by adding Section 1-123 as | ||||
follows: | ||||
(40 ILCS 5/1-123 new) | ||||
Sec. 1-123. Service as legal counsel. Notwithstanding any | ||||
provision in this Code to the contrary, if a person is a | ||||
participant under Article 18 and files a written election by | ||||
July 1, 2005 with the Judges Retirement System of Illinois, | ||||
then that person may serve either as legal counsel in the | ||||
Office of the Governor or as Chief Deputy Attorney General and | ||||
(A) no retirement annuity or other benefit of that person under | ||||
Article 18 is subject to forfeiture, diminishment, suspension, | ||||
or other impairment solely by virtue of that service and (B) | ||||
that person does not participate in any pension fund or | ||||
retirement system under this Code with respect to that service. | ||||
This Section applies without regard to whether the person is in | ||||
active service under Article 18 of this Code on or after the | ||||
effective date of this amendatory Act of the 93rd General | ||||
Assembly.
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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 | ||||
and drawn
by the State Comptroller upon the State Treasurer, | ||||
including an elected
official described in subparagraph (d) of | ||||
Section 14-104, shall become
an employee for purpose of | ||||
membership in the Retirement System on the
first day of such |
employment.
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A person entering service on or after January 1, 1972 and | ||
prior to January
1, 1984 shall become a member as a condition | ||
of employment and shall begin
making contributions as of the | ||
first day of employment.
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A person entering service on or after January 1, 1984 | ||
shall, upon completion
of 6 months of continuous service which | ||
is not interrupted by a break of more
than 2 months, become a | ||
member as a condition of employment. Contributions
shall begin | ||
the first of the month after completion of the qualifying | ||
period.
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The qualifying period of 6 months of service is not | ||
applicable to: (1)
a person who has been granted credit for | ||
service in a position covered by
the State Universities | ||
Retirement System, the Teachers' Retirement System
of the State | ||
of Illinois, the General Assembly Retirement System, or the
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Judges Retirement System of Illinois unless that service has | ||
been forfeited
under the laws of those systems; (2) a person | ||
entering service on or
after July 1, 1991 in a noncovered | ||
position; or (3) a person to whom Section
14-108.2a or | ||
14-108.2b applies.
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(b) The term "employee" does not include the following:
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(1) members of the State Legislature, and persons | ||
electing to become
members of the General Assembly | ||
Retirement System pursuant to Section 2-105;
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(2) incumbents of offices normally filled by vote of | ||
the people;
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(3) except as otherwise provided in this Section, any | ||
person
appointed by the Governor with the advice and | ||
consent
of the Senate unless that person elects to | ||
participate in this system;
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(3.1) any person serving as a commissioner of an ethics | ||
commission created under the State Officials and Employees | ||
Ethics Act unless that person elects to participate in this | ||
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 |
of the following positions: Legislative Inspector General, | ||
Special Legislative Inspector General, employee of the | ||
Office of the Legislative Inspector General, Executive | ||
Director of the Legislative Ethics Commission, or staff of | ||
the Legislative Ethics Commission, regardless of whether | ||
he or she is in active service on or after July 8, 2004 | ||
( the effective date of Public Act 93-685)
this amendatory | ||
Act of the 93rd General Assembly , unless that person elects | ||
to participate in this System with respect to that service; | ||
in this item (3.2), a "part-time employee" is a person who | ||
is not required to work at least 35 hours per week; | ||
(3.3) any person who has made an election under Section | ||
1-123 and who is serving either as legal counsel in the | ||
Office of the Governor or as Chief Deputy Attorney General;
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(4) except as provided in Section 14-108.2 or | ||
14-108.2c, any person
who is covered or eligible to be | ||
covered by the Teachers' Retirement System of
the State of | ||
Illinois, the State Universities Retirement System, or the | ||
Judges
Retirement System of Illinois;
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(5) an employee of a municipality or any other | ||
political subdivision
of the State;
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(6) any person who becomes an employee after June 30, | ||
1979 as a
public service employment program participant | ||
under the Federal
Comprehensive Employment and Training | ||
Act and whose wages or fringe
benefits are paid in whole or | ||
in part by funds provided under such Act;
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(7) enrollees of the Illinois Young Adult Conservation | ||
Corps program,
administered by the Department of Natural | ||
Resources, authorized grantee
pursuant to Title VIII of the | ||
"Comprehensive Employment and Training Act of
1973", 29 USC | ||
993, as now or hereafter amended;
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(8) enrollees and temporary staff of programs | ||
administered by the
Department of Natural Resources under | ||
the Youth
Conservation Corps Act of 1970;
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(9) any person who is a member of any professional | ||
licensing or
disciplinary board created under an Act |
administered by the Department of
Professional Regulation | ||
or a successor agency or created or re-created
after the | ||
effective date of this amendatory Act of 1997, and who | ||
receives
per diem compensation rather than a salary, | ||
notwithstanding that such per diem
compensation is paid by | ||
warrant issued pursuant to a payroll voucher; such
persons | ||
have never been included in the membership of this System, | ||
and this
amendatory Act of 1987 (P.A. 84-1472) is not | ||
intended to effect any change in
the status of such | ||
persons;
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(10) any person who is a member of the Illinois Health | ||
Care Cost
Containment Council, and receives per diem | ||
compensation rather than a
salary, notwithstanding that | ||
such per diem compensation is paid by warrant
issued | ||
pursuant to a payroll voucher; such persons have never been | ||
included
in the membership of this System, and this | ||
amendatory Act of 1987 is not
intended to effect any change | ||
in the status of such persons;
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(11) any person who is a member of the Oil and Gas | ||
Board created by
Section 1.2 of the Illinois Oil and Gas | ||
Act, and receives per diem
compensation rather than a | ||
salary, notwithstanding that such per diem
compensation is | ||
paid by warrant issued pursuant to a payroll voucher; or
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(12) a person employed by the State Board of Higher | ||
Education in a position with the Illinois Century Network | ||
as of June 30, 2004, who remains continuously employed | ||
after that date by the Department of Central Management | ||
Services in a position with the Illinois Century Network | ||
and participates in the Article 15 system with respect to | ||
that employment.
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(Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | ||
eff. 7-30-04; revised 9-8-04.)
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(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
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Sec. 18-127. Retirement annuity - suspension on | ||
reemployment.
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(a) A participant receiving a retirement annuity who is | ||
regularly
employed for compensation by an employer other than a | ||
county, in any
capacity, shall have his or her retirement | ||
annuity payments suspended
during such employment. Upon | ||
termination of such employment, retirement
annuity payments at | ||
the previous rate shall be resumed.
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If such a participant resumes service as a judge, he or she
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shall receive credit for any additional service. Upon | ||
subsequent
retirement, his or her retirement annuity shall be | ||
the amount previously
granted, plus the amount earned by the | ||
additional judicial service under
the provisions in effect | ||
during the period of such additional service.
However, if the | ||
participant was receiving the maximum rate of annuity at
the | ||
time of re-employment, he or she may elect, in a written | ||
direction
filed with the board, not to receive any additional | ||
service credit during
the period of re-employment. In such | ||
case, contributions shall not be
required during the period of | ||
re-employment. Any such election shall be
irrevocable.
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(b) Beginning January 1, 1991, any participant receiving a | ||
retirement
annuity who accepts temporary employment from an | ||
employer other than a
county for a period not exceeding 75 | ||
working days in any calendar year
shall not be deemed to be | ||
regularly employed for compensation or to have
resumed service | ||
as a judge for the purposes of this Article. A day shall
be | ||
considered a working day if the annuitant performs on it any of | ||
his
duties under the temporary employment agreement.
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(c) Except as provided in subsection (a), beginning January | ||
1, 1993,
retirement annuities shall not be subject to | ||
suspension upon resumption of
employment for an employer, and | ||
any retirement annuity that is then so
suspended shall be | ||
reinstated on that date.
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(d) The changes made in this Section by this amendatory Act | ||
of 1993
shall apply to judges no longer in service on its | ||
effective date, as well as to
judges serving on or after that | ||
date.
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(e) A participant receiving a retirement
annuity under this |
Article who serves as a part-time employee in any of the | ||
following positions: Legislative Inspector General, Special | ||
Legislative Inspector General, employee of the Office of the | ||
Legislative Inspector General, Executive Director of the | ||
Legislative Ethics Commission, or staff of the Legislative | ||
Ethics Commission, but has not elected to participate in the | ||
Article 14 System with respect to that service, shall not be | ||
deemed to be regularly employed for compensation by an employer | ||
other than a county, nor to have
resumed service as a judge, on | ||
the basis of that service, and the retirement annuity payments | ||
and other benefits of that person under this Code shall not be | ||
suspended, diminished, or otherwise impaired solely as a | ||
consequence of that service. This subsection (e) applies | ||
without regard to whether the person is in service as a judge | ||
under this Article on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly. In this | ||
subsection, a "part-time employee" is a person who is not | ||
required to work at least 35 hours per week.
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(f) A participant receiving a retirement annuity under this | ||
Article who has made an election under Section 1-123 and who is | ||
serving either as legal counsel in the Office of the Governor | ||
or as Chief Deputy Attorney General shall not be deemed to be | ||
regularly employed for compensation by an employer other than a | ||
county, nor to have resumed service as a judge, on the basis of | ||
that service, and the retirement annuity payments and other | ||
benefits of that person under this Code shall not be suspended, | ||
diminished, or otherwise impaired solely as a consequence of | ||
that service. This subsection (f) applies without regard to | ||
whether the person is in service as a judge under this Article | ||
on or after the effective date of this amendatory Act of the | ||
93rd General Assembly.
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(Source: P.A. 93-685, eff. 7-8-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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