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92nd General Assembly

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Public Act 92-0054

HB0513 Enrolled                                LRB9200763LDpr

    AN ACT to amend the Illinois  Pension  Code  by  changing
Section 14-104.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Pension  Code  is  amended  by
changing Section 14-104 as follows:

    (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
    Sec.  14-104.  Service for which contributions permitted.
Contributions provided for in this Section  shall  cover  the
period  of  service granted.  Except as otherwise provided in
this Section, the  contributions  shall  be  based  upon  the
employee's  compensation  and  contribution rate in effect on
the date he last became a member of the System; provided that
for all employment prior to January 1, 1969 the  contribution
rate shall be that in effect for a noncovered employee on the
date  he  last  became  a  member  of  the System.  Except as
otherwise provided in this Section,  contributions  permitted
under  this  Section  shall include regular interest from the
date an employee last became a member of the  System  to  the
date of payment.
    These   contributions   must   be  paid  in  full  before
retirement either in a lump sum or in installment payments in
accordance with such rules as may be adopted by the board.
    (a)  Any member may make  contributions  as  required  in
this  Section  for  any  period of service, subsequent to the
date of establishment, but prior to the date of membership.
    (b)  Any employee who had been previously  excluded  from
membership  because  of  age at entry and subsequently became
eligible may elect to make contributions as required in  this
Section  for  the  period  of  service  during  which  he was
ineligible.
    (c)  An employee of  the  Department  of  Insurance  who,
after  January  1,  1944  but  prior to becoming eligible for
membership, received salary from funds of insurance companies
in the process of rehabilitation,  liquidation,  conservation
or  dissolution,  may elect to make contributions as required
in this Section for such service.
    (d)  Any employee who rendered service in a State  office
to  which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the  date  he
became  a  member, may make contributions for such service as
required  in  this  Section.   Any  member  who   served   by
appointment  of  the  Governor under the Civil Administrative
Code of Illinois and did not participate in this  System  may
make  contributions  as  required  in  this  Section for such
service.
    (e)  Any person employed by the United States  government
or any instrumentality or agency thereof from January 1, 1942
through  November  15,  1946 as the result of a transfer from
State service by executive order  of  the  President  of  the
United  States  shall  be  entitled  to  prior service credit
covering the period from January 1, 1942 through December 31,
1943 as provided  for  in  this  Article  and  to  membership
service  credit   for the period from January 1, 1944 through
November 15, 1946 by making  the  contributions  required  in
this  Section.   A  person so employed on January 1, 1944 but
whose employment began after January 1, 1942 may qualify  for
prior  service  and  membership service credit under the same
conditions.
    (f)  An employee of the Department of Labor of the  State
of   Illinois  who  performed  services  for  and  under  the
supervision of that Department prior to January 1,  1944  but
who  was  compensated  for those services directly by federal
funds and not by a warrant of the Auditor of Public  Accounts
paid  by  the  State  Treasurer may establish credit for such
employment by  making  the  contributions  required  in  this
Section.  An employee of the Department of Agriculture of the
State of Illinois, who performed services for and  under  the
supervision of that Department prior to June 1, 1963, but was
compensated  for those services directly by federal funds and
not paid by a warrant of the Auditor of Public Accounts  paid
by  the  State  Treasurer,  and who did not contribute to any
other public employee retirement system for such service, may
establish  credit  for  such   employment   by   making   the
contributions required in this Section.
    (g)  Any  employee  who  executed  a waiver of membership
within 60 days prior to January 1,  1944  may,  at  any  time
while  in  the service of a department, file with the board a
rescission of such waiver.   Upon  making  the  contributions
required  by  this  Section,  the member shall be granted the
creditable service that  would  have  been  received  if  the
waiver had not been executed.
    (h)  Until May 1, 1990, an employee who was employed on a
full-time  basis  by  a  regional  planning commission for at
least 5 continuous years may establish creditable service for
such employment by making the  contributions  required  under
this  Section,  provided  that  any  credits  earned  by  the
employee  in  the  commission's  retirement  plan  have  been
terminated.
    (i)  Any   person  who  rendered  full  time  contractual
services to the General Assembly as a member of a legislative
staff may establish service credit for up to 8 years of  such
services  by  making  the  contributions  required under this
Section, provided that application therefor is made not later
than July 1, 1991.
    (j)  By paying the contributions otherwise required under
this Section, plus an amount determined by the  Board  to  be
equal  to  the  employer's  normal  cost  of the benefit plus
interest, but with all of the interest  calculated  from  the
date  the  employee  last  became  a  member of the System or
November 19,  1991,  whichever  is  later,  to  the  date  of
payment,  an  employee  may  establish  service  credit for a
period of up to 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.
    (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.
(Source: P.A. 90-32,  eff.  6-27-97;  90-448,  eff.  8-16-97;
90-511,  eff.  8-22-97;  90-655,  eff.  7-30-98; 90-766, eff.
8-14-98.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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