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Public Act 096-0718
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| SB1479 Enrolled |
LRB096 07978 AMC 18082 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 |
Section 14-104 as follows:
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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.
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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 |
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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 |
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 |
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provided for in this Article and to membership service
credit |
for the period from January 1, 1944 through November 15, 1946 |
by
making the contributions required in this Section. A person |
so employed
on January 1, 1944 but whose employment began after |
January 1, 1942 may
qualify for prior service and membership |
service credit under the same
conditions.
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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
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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
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Section.
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(g) Any employee who executed a waiver of membership within
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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 |
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Section, the member shall be
granted the creditable service |
that would have been received if the
waiver had not been |
executed.
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(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.
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(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.
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(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,
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1991, whichever is later, to the date of payment, an employee |
may establish
service credit
for a period of up to 4 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 |
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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
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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 Public Act 95-483
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 Public Act 95-483
is exempt from the |
provisions of subsection (d) of Section 14-152.1.
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(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.
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(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 |
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interest, a member may establish service credit
for periods of |
less than one year spent on authorized leave of absence from
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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
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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.
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(l-5) 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 |
up to 2 years spent on authorized leave of absence from
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service, provided that during that leave the member represented |
or was employed as an officer or employee of a statewide labor |
organization that represents members of this System. In
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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.
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(m) Any person who rendered contractual services to a |
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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
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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.
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(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
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contribution. To establish credit under this subsection, the |
applicant must
apply to the System by March 1, 1998.
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(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.
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(p) By paying the contributions otherwise required under |
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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
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Visually Handicapped Managers of Illinois in a vending program |
operated under
a contractual agreement with the Department of |
Rehabilitation Services or its successor agency.
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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).
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(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 |
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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.
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(r) A member who participated in the University of Illinois |
Government Public Service Internship Program (GPSI) may |
establish creditable service for up to 2 years
of that |
participation by making the contribution 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.
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. |
(s)
A member who worked as a nurse under a contractual |
agreement for the Department of Public Aid, or its successor |
agency, the Department of Human Services, in the Client |
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Assessment Unit and was subsequently determined to be a State |
employee by the United States Internal Revenue Service and the |
Illinois Labor Relations Board may establish creditable |
service for those contractual services by making the |
contributions required under this Section. To establish credit |
under this subsection, the applicant must apply to the System |
by July 1, 2008. |
The Department of Human Services shall pay an employer |
contribution based upon an amount determined by the Board to be |
equal to the employer's normal cost of the benefit, plus |
interest. |
In compliance with Section 14-152.1 added by Public Act |
94-4, the cost of the benefits provided by Public Act 95-583
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are offset by the required employee and employer contributions.
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(t) A member may establish creditable service and earnings |
credit for a period of voluntary or involuntary furlough, not |
exceeding 5 days, beginning on or after July 1, 2008 and ending |
on or before June 30, 2009, that is utilized as a means of |
addressing a State fiscal emergency. To receive this credit, |
the member must apply in writing to the System before July 1, |
2012, and make contributions 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 at the actuarially |
assumed rate. |
(Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07; |
95-483, eff. 8-28-07; 95-583, eff. 8-31-07; 95-652, eff. |