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Public Act 095-0483
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| HB0804 Enrolled |
LRB095 10606 AMC 30828 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Sections 3-109, 7-139, and 14-104 as follows:
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(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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Sec. 3-109. Persons excluded.
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(a) The following persons shall not be eligible to |
participate in a fund
created under this Article:
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(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;
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(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 |
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funds established after August 5, 1963,
from the date, as |
determined from the statistics or census provided in
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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
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(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
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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.
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(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.
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(c) Any person otherwise qualified to participate who was
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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 |
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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.
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(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
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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.
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(e) A person employed by the Village of Shiloh who is |
otherwise qualified to participate and was excluded from
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participation by reason of his or her failure to make written |
application to the Board within 3 months after receiving his or |
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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.
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(Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
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(40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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Sec. 7-139. Credits and creditable service to employees.
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(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:
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1. For prior service: Each participating employee who |
is an employee
of a participating municipality or |
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participating instrumentality on the
effective date shall |
be granted creditable service, but no credits under
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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:
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If the effective date of participation for the |
participating municipality
or participating |
instrumentality is on or before January 1, 1998, creditable
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service shall be granted for the entire period of prior |
service with that
employer without any employee |
contribution.
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If the effective date of participation for the |
participating municipality
or participating |
instrumentality is after January 1, 1998, creditable
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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 |
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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.
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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.
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Any person who has withdrawn from the service of a |
participating
municipality
or participating |
instrumentality prior to the effective date, who reenters
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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
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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, |
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shall be the employee's salary rate at the time of first
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reentering service with the employer after the employer's |
effective date of
participation.
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2. For current service, each participating employee |
shall be
credited with:
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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.
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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).
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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.
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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
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for the purpose of establishing out-of-state service |
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credits.
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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.
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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:
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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.
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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.
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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
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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
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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.
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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
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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
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payable.
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e. No credits or creditable service shall be |
allowed for leave of
absence without pay during any |
period of prior service.
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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
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that the person returns to active employment within 90 days |
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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
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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.
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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
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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 |
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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.
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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.
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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.
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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 |
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determined by the board to be equal
to the employer's |
normal cost of the benefits accrued for that military
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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.
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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.
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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
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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
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contributions, which shall be computed at 8% (normal) plus |
2% (survivor)
times length of service purchased times the |
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average rate of earnings for the
first 2
years of service |
with the municipality or participating
instrumentality |
whose governing body authorizes the service established
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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.
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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.
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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
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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 |
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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
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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.
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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:
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a. Sick leave days shall be limited to those |
accumulated under a sick
leave plan established by a |
participating municipality or participating
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instrumentality which is available to all employees or |
a class of employees.
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b. Only sick leave days accumulated with a |
participating municipality or
participating |
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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.
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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.
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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.
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e. Employee contributions shall not be required |
for creditable service
under this subdivision 8.
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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.
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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
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amount actually transferred to the Fund.
Such transferred |
service shall be deemed to be service as a sheriff's law
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enforcement employee for the purposes of Section 7-142.1.
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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 |
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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
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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.
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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.
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(b) Creditable service - amount:
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1. One month of creditable service
shall be allowed for |
each month for which a participating employee made
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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.
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2. A seasonal employee shall be given 12 months of |
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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
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number of months of service rendered shall be credited.
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3. An intermittent employee shall be given creditable |
service for
only those months in which a contribution is |
made under Section 7-173.
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(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.
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(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 |
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the benefits any remaining employee would otherwise receive |
under
this Article.
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(Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
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(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.
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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.
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(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.
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(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 |
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Section for the period of service
during which he was |
ineligible.
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(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.
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(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.
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(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 |
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January 1, 1942 may
qualify for prior service and membership |
service credit under the same
conditions.
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(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.
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(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 |