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Public Act 095-0812 |
HB4603 Enrolled |
LRB095 15341 AMC 41329 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 3-110 and 7-139 as follows:
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(40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
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Sec. 3-110. Creditable service.
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(a) "Creditable service" is the time served by a police |
officer as a member
of a regularly constituted police force of |
a municipality. In computing
creditable service furloughs |
without pay exceeding 30 days shall not be
counted, but all |
leaves of absence for illness or accident, regardless of
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length, and all periods of disability retirement for which a |
police officer has
received no disability pension payments |
under this Article shall be counted.
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(a-5) Up to 3 years of time during which the police officer |
receives
a disability pension under Section 3-114.1, 3-114.2, |
3-114.3, or 3-114.6
shall be counted as creditable service, |
provided that
(i) the police officer returns to active service |
after the disability for a
period at least equal to the period |
for which credit is to be established and
(ii) the police |
officer makes contributions to the fund based on the rates
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specified in Section 3-125.1 and the salary upon which the |
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disability pension
is based. These contributions may be paid at |
any time prior to the
commencement of a retirement pension. The |
police officer may, but need not,
elect to have the |
contributions deducted from the disability pension or to
pay |
them in installments on a schedule approved by the board. If |
not
deducted from the disability pension, the contributions |
shall include
interest at the rate of 6% per year, compounded |
annually, from the date
for which service credit is being |
established to the date of payment. If
contributions are paid |
under this subsection (a-5) in excess of those
needed to |
establish the credit, the excess shall be refunded. This
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subsection (a-5) applies to persons receiving a disability |
pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on |
the effective date of this
amendatory Act of the 91st General |
Assembly, as well as persons who begin to
receive such a |
disability pension after that date.
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(b) Creditable service includes all periods of service in |
the military,
naval or air forces of the United States entered |
upon while an active police
officer of a municipality, provided |
that upon applying for a permanent pension,
and in accordance |
with the rules of the board, the police officer pays into the
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fund the amount the officer would have contributed if he or she |
had been a
regular contributor during such period, to the |
extent that the municipality
which the police officer served |
has not made such contributions in the
officer's behalf. The |
total amount of such creditable service shall not
exceed 5 |
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years, except that any police officer who on July 1, 1973 had |
more
than 5 years of such creditable service shall receive the |
total amount thereof.
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(c) Creditable service also includes service rendered by a |
police
officer while on leave of absence from a police |
department to serve as an
executive of an organization whose |
membership consists of members of a
police department, subject |
to the following conditions: (i) the police
officer is a |
participant of a fund established under this Article with at
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least 10 years of service as a police officer; (ii) the police |
officer
received no credit for such service under any other |
retirement system,
pension fund, or annuity and benefit fund |
included in this Code; (iii)
pursuant to the rules of the board |
the police officer pays to the fund the
amount he or she would |
have contributed had the officer been an active
member of the |
police department; and (iv) the organization pays a
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contribution equal to the municipality's normal cost for that
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period of service.
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(d)(1) Creditable service also includes periods of |
service originally
established in another police pension |
fund under this Article or in the Fund
established under |
Article 7 of this Code for which (i) the contributions have
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been transferred under Section 3-110.7 or Section 7-139.9 |
and (ii) any
additional contribution required under |
paragraph (2) of this subsection has
been paid in full in |
accordance with the requirements of this subsection (d).
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(2) If the board of the pension fund to which |
creditable service and
related
contributions are |
transferred under Section 3-110.7 or 7-139.9 determines |
that
the amount transferred is less than the true cost to |
the pension fund of
allowing that creditable service to be |
established, then in order to establish
that creditable |
service the police officer must pay to the pension fund, |
within
the payment period specified in paragraph (3) of |
this subsection, an additional
contribution equal to the |
difference, as determined by the board in accordance
with |
the rules and procedures adopted under paragraph (6) of |
this subsection.
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(3) Except as provided in paragraph (4), the additional
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contribution must be paid to the board (i) within 5 years |
from the date of the
transfer of contributions under |
Section 3-110.7 or 7-139.9 and (ii) before the
police |
officer terminates service with the fund. The additional |
contribution
may be paid in a lump sum or in accordance |
with a schedule of installment
payments authorized by the |
board.
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(4) If the police officer dies in service before |
payment in full has been
made and before the expiration of |
the 5-year payment period, the surviving
spouse of the |
officer may elect to pay the unpaid amount on the officer's
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behalf within 6 months after the date of death, in which |
case the creditable
service shall be granted as though the |
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deceased police officer had paid the
remaining balance on |
the day before the date of death.
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(5) If the additional contribution is not paid in full |
within the
required time, the creditable service shall not |
be granted and the
police officer (or the officer's |
surviving spouse or estate) shall be entitled
to receive a |
refund of (i) any partial payment of the additional |
contribution
that has been made by the police officer and |
(ii) those portions of the amounts
transferred under |
subdivision (a)(1) of Section 3-110.7 or subdivisions |
(a)(1)
and (a)(3) of Section 7-139.9 that represent |
employee contributions paid by the
police officer (but not |
the accumulated interest on those contributions) and
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interest paid by the police officer to the prior pension |
fund in order to
reinstate service terminated by acceptance |
of a refund.
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At the time of paying a refund under this item (5), the |
pension fund
shall also repay to the pension fund from |
which the contributions were
transferred under Section |
3-110.7 or 7-139.9 the amount originally transferred
under |
subdivision (a)(2) of that Section, plus interest at the |
rate of 6% per
year, compounded annually, from the date of |
the original transfer to the date
of repayment. Amounts |
repaid to the Article 7 fund under this provision shall
be |
credited to the appropriate municipality.
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Transferred credit that is not granted due to failure |
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to pay the additional
contribution within the required time |
is lost; it may not be transferred to
another pension fund |
and may not be reinstated in the pension fund from which
it |
was transferred.
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(6) The Public Employee Pension Fund Division of the |
Department of
Insurance
shall establish by rule the manner |
of making the calculation required under
paragraph (2) of |
this subsection, taking into account the appropriate |
actuarial
assumptions; the police officer's service, age, |
and salary history; the level
of funding of the pension |
fund to which the credits are being transferred; and
any |
other factors that the Division determines to be relevant. |
The rules may
require that all calculations made under |
paragraph (2) be reported to the
Division by the board |
performing the calculation, together with documentation
of |
the creditable service to be transferred, the amounts of |
contributions and
interest to be transferred, the manner in |
which the calculation was performed,
the numbers relied |
upon in making the calculation, the results of the
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calculation, and any other information the Division may |
deem useful.
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(e)(1) Creditable service also includes periods of |
service originally
established in the Fund
established |
under Article 7 of this Code for which the contributions |
have
been transferred under Section 7-139.11.
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(2) If the board of the pension fund to which |
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creditable service and
related
contributions are |
transferred under Section 7-139.11 determines that
the |
amount transferred is less than the true cost to the |
pension fund of
allowing that creditable service to be |
established, then the amount of creditable service the |
police officer may establish under this subsection (e) |
shall be reduced by an amount equal to the difference, as |
determined by the board in accordance
with the rules and |
procedures adopted under paragraph (3) of this subsection.
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(3) The Public Pension Division of the Department of
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Financial and Professional Regulation
shall establish by |
rule the manner of making the calculation required under
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paragraph (2) of this subsection, taking into account the |
appropriate actuarial
assumptions; the police officer's |
service, age, and salary history; the level
of funding of |
the pension fund to which the credits are being |
transferred; and
any other factors that the Division |
determines to be relevant. The rules may
require that all |
calculations made under paragraph (2) be reported to the
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Division by the board performing the calculation, together |
with documentation
of the creditable service to be |
transferred, the amounts of contributions and
interest to |
be transferred, the manner in which the calculation was |
performed,
the numbers relied upon in making the |
calculation, the results of the
calculation, and any other |
information the Division may deem useful.
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(4) Until January 1, 2010, a police officer who |
transferred service from the Fund established under |
Article 7 of this Code under the provisions of Public Act |
94-356 may establish additional credit, but only for the |
amount of the service credit reduction in that transfer, as |
calculated under paragraph (3) of this subsection (e). This |
credit may be established upon payment by the police |
officer of an amount to be determined by the board, equal |
to (1) the amount that would have been contributed as |
employee and employer contributions had all of the service |
been as an employee under this Article, plus interest |
thereon at the rate of 6% per year, compounded annually |
from the date of service to the date of transfer, less (2) |
the total amount transferred from the Article 7 Fund, plus |
(3) interest on the difference at the rate of 6% per year, |
compounded annually, from the date of the transfer to the |
date of payment. The additional service credit is allowed |
under this amendatory Act of the 95th General Assembly |
notwithstanding the provisions of Article 7 terminating |
all transferred credits on the date of transfer. |
(Source: P.A. 94-356, eff. 7-29-05.)
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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 |
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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 |
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 |
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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.
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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, |
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 |
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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 |
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 |
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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 |
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 |
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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.
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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 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; |
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(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
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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. The required interest shall be
calculated at the |
regular interest rate.
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The changes made to this paragraph 5.1 by Public Acts |
95-483 and 95-486
this amendatory Act of the 95th General |
Assembly apply only to participating employees in service |
on or after August 28, 2007 (the effective date of those |
Public Acts)
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 |
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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
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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, |
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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.
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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 |
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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.
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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 |
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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, 8, 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,
8-226.7,
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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.
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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 |
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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
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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.
|
Until January 1, 2010, members who transferred service |
from an Article 3 system under the provisions of Public Act |
94-356 may establish additional credit in this Fund, but |
only up to the amount of the service credit reduction in |
that transfer, as calculated under the actuarial |
assumptions. This credit may be established upon payment by |
the member of an amount to be determined by the board, |
equal to (1) the amount that would have been contributed as |
employee and employer contributions had all the service |
been as an employee under this Article, plus interest |
|
thereon compounded annually from the date of service to the |
date of transfer, less (2) the total amount transferred |
from the Article 3 system, plus (3) interest on the |
difference at the effective rate for each year, compounded |
annually, from the date of the transfer to the date of |
payment. The additional service credit is allowed under |
this amendatory Act of the 95th General Assembly |
notwithstanding the provisions of Article 3 terminating |
all transferred credits on the date of transfer. |
(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
|
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 |
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.
|
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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 |
the benefits any remaining employee would otherwise receive |
under
this Article.
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(Source: P.A. 95-483, eff. 8-28-07; 95-486, eff. 8-28-07; |
95-504, eff. 8-28-07; revised 11-9-07.)
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