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92nd General Assembly

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Public Act 92-0867

HB5169 Enrolled                                LRB9212222EGfg

    AN ACT in relation to public employee benefits.

    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 Sections 16-127 and 16-128 as follows:

    (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
    Sec. 16-127.  Computation of creditable service.
    (a)  Each member shall receive  regular  credit  for  all
service  as  a  teacher  from the date membership begins, for
which satisfactory evidence is supplied and all contributions
have been paid.
    (b)  The following periods of service shall earn optional
credit and each member shall  receive  credit  for  all  such
service  for  which satisfactory evidence is supplied and all
contributions have been paid as of the date specified:
         (1)  Prior service as a teacher.
         (2)  Service in a capacity  essentially  similar  or
    equivalent  to  that  of  a teacher, in the public common
    schools in school districts in this  State  not  included
    within  the  provisions  of  this System, or of any other
    State, territory, dependency or possession of the  United
    States,  or  in schools operated by or under the auspices
    of the United States, or under the auspices of any agency
    or department of any other State, and service during  any
    period  of  professional  speech  correction  or  special
    education  experience  for  a  public  agency within this
    State  or  any  other  State,  territory,  dependency  or
    possession of the United States,  and  service  prior  to
    February  1, 1951 as a recreation worker for the Illinois
    Department of Public Safety, for a period  not  exceeding
    the  lesser of 2/5 of the total creditable service of the
    member or 10 years.  The  maximum  service  of  10  years
    which  is allowable under this paragraph shall be reduced
    by  the  service  credit  which  is  validated  by  other
    retirement systems under paragraph (i) of Section  15-113
    and  paragraph 1 of Section 17-133.  Credit granted under
    this paragraph may not be  used  in  determination  of  a
    retirement  annuity  or  disability  benefits  unless the
    member has at least 5 years of creditable service  earned
    subsequent  to  this  employment  with one or more of the
    following systems: Teachers'  Retirement  System  of  the
    State  of Illinois, State Universities Retirement System,
    and the Public School Teachers'  Pension  and  Retirement
    Fund  of  Chicago.   Whenever such service credit exceeds
    the maximum allowed for all purposes of this Article, the
    first  service  rendered  in  point  of  time  shall   be
    considered.  The  changes to this subdivision (b)(2) made
    by Public Act 86-272 shall apply not only to persons  who
    on  or  after its effective date (August 23, 1989) are in
    service as a  teacher  under  the  System,  but  also  to
    persons  whose  status as such a teacher terminated prior
    to such effective date, whether or not such person is  an
    annuitant on that date.
         (3)  Any   periods  immediately  following  teaching
    service, under this  System  or  under  Article  17,  (or
    immediately  following  service prior to February 1, 1951
    as a recreation worker for  the  Illinois  Department  of
    Public  Safety) spent in active service with the military
    forces of the United States; periods spent in educational
    programs that prepare for return to teaching sponsored by
    the federal government  following  such  active  military
    service;  if a teacher returns to teaching service within
    one calendar year after discharge or after the completion
    of  the  educational  program,  a  further  period,   not
    exceeding  one  calendar  year,  between  time  spent  in
    military  service or in such educational programs and the
    return to employment as a teacher under this System;  and
    a  period of up to 2 years of active military service not
    immediately following employment as a teacher.
         The changes  to  this  Section  and  Section  16-128
    relating  to  military  service made by P.A. 87-794 shall
    apply not only to persons who on or after  its  effective
    date  are  in  service as a teacher under the System, but
    also to persons whose  status  as  a  teacher  terminated
    prior  to  that  date,  whether  or  not the person is an
    annuitant on that date.  In the case of an annuitant  who
    applies  for  credit  allowable  under this Section for a
    period of  military  service  that  did  not  immediately
    follow   employment,   and  who  has  made  the  required
    contributions for  such  credit,  the  annuity  shall  be
    recalculated  to  include  the additional service credit,
    with the increase taking effect on the  date  the  System
    received  written  notification of the annuitant's intent
    to purchase the credit, if payment of  all  the  required
    contributions  is  made within 60 days of such notice, or
    else on the first annuity payment date following the date
    of payment of the required contributions.  In calculating
    the automatic annual increase for  an  annuity  that  has
    been  recalculated  under    this  Section,  the increase
    attributable to the additional  service  allowable  under
    P.A.  87-794  shall  be  included  in  the calculation of
    automatic annual increases accruing after  the  effective
    date of the recalculation.
         Credit  for  military service shall be determined as
    follows: if entry  occurs  during  the  months  of  July,
    August,  or September and the member was a teacher at the
    end of the  immediately  preceding  school  term,  credit
    shall  be  granted from July 1 of the year in which he or
    she entered service; if entry occurs  during  the  school
    term  and  the  teacher  was  in  teaching service at the
    beginning of the school term,  credit  shall  be  granted
    from July 1 of such year. In all other cases where credit
    for  military service is allowed, credit shall be granted
    from the date of entry into the service.
         The total  period  of  military  service  for  which
    credit is granted shall not exceed 5 years for any member
    unless  the  service:   (A)  is  validated before July 1,
    1964, and (B)  does  not  extend  beyond  July  1,  1963.
    Credit  for  military service shall be granted under this
    Section only if not more than 5  years  of  the  military
    service for which credit is granted under this Section is
    used  by  the member to qualify for a military retirement
    allotment from any branch of  the  armed  forces  of  the
    United  States.  The  changes  to this subdivision (b)(3)
    made by Public Act 86-272 shall apply not only to persons
    who on or after its effective date (August 23, 1989)  are
    in  service  as  a  teacher under the System, but also to
    persons whose status as such a teacher  terminated  prior
    to  such effective date, whether or not such person is an
    annuitant on that date.
         (4)  Any periods served as a member of  the  General
    Assembly.
         (5)(i)  Any  periods for which a teacher, as defined
    in  Section  16-106,  is  granted  a  leave  of  absence,
    provided he or she returns to teaching service creditable
    under this System or the  State  Universities  Retirement
    System  following  the leave; (ii) periods during which a
    teacher is involuntarily laid off from teaching, provided
    he or she returns  to  teaching  following  the  lay-off;
    (iii)  periods  prior  to  July  1,  1983  during which a
    teacher  ceased  covered  employment  due  to  pregnancy,
    provided that the teacher returned  to  teaching  service
    creditable  under  this  System or the State Universities
    Retirement System following  the  pregnancy  and  submits
    evidence  satisfactory  to the Board documenting that the
    employment ceased due  to  pregnancy;  and  (iv)  periods
    prior  to  July  1,  1983  during  which a teacher ceased
    covered employment for the purpose of adopting an  infant
    under 3 years of age or caring for a newly adopted infant
    under  3 years of age, provided that the teacher returned
    to teaching service creditable under this System  or  the
    State   Universities   Retirement  System  following  the
    adoption and submits evidence satisfactory to  the  Board
    documenting that the employment ceased for the purpose of
    adopting  an  infant under 3 years of age or caring for a
    newly adopted infant under  3  years  of  age.   However,
    total  credit  under  this paragraph (5) may not exceed 3
    years.
         Any qualified member  or  annuitant  may  apply  for
    credit  under  item  (iii)  or (iv) of this paragraph (5)
    without regard to whether service was  terminated  before
    the  effective  date  of this amendatory Act of 1997.  In
    the case of an annuitant  who  establishes  credit  under
    item  (iii) or (iv), the annuity shall be recalculated to
    include the additional service credit.  The  increase  in
    annuity shall take effect on the date the System receives
    written   notification   of  the  annuitant's  intent  to
    purchase  the  credit,  if  the  required   evidence   is
    submitted  and  the  required contribution paid within 60
    days of that notification, otherwise on the first annuity
    payment  date  following  the  System's  receipt  of  the
    required evidence and contribution.  The increase  in  an
    annuity   recalculated  under  this  provision  shall  be
    included in the calculation of automatic annual increases
    in the annuity accruing after the effective date  of  the
    recalculation.
         Optional   credit   may   be  purchased  under  this
    subsection (b)(5) for periods during which a teacher  has
    been granted a leave of absence pursuant to Section 24-13
    of  the  School Code.  A teacher whose service under this
    Article terminated prior to the effective  date  of  P.A.
    86-1488  shall  be  eligible  to  purchase  such optional
    credit.  If a teacher who purchases this optional  credit
    is  already  receiving  a  retirement  annuity under this
    Article, the annuity shall  be  recalculated  as  if  the
    annuitant  had applied for the leave of absence credit at
    the time  of  retirement.   The  difference  between  the
    entitled annuity and the actual annuity shall be credited
    to the purchase of the optional credit.  The remainder of
    the purchase cost of the optional credit shall be paid on
    or before April 1, 1992.
         The  change  in  this  paragraph  made by Public Act
    86-273 shall be applicable to teachers who  retire  after
    June  1,  1989, as well as to teachers who are in service
    on that date.
         (6)  Any   days   of   unused   and    uncompensated
    accumulated  sick leave earned by a teacher.  The service
    credit granted under this paragraph shall be the ratio of
    the number of unused and uncompensated  accumulated  sick
    leave  days  to 170 days, subject to a maximum of 2 years
    one year  of  service  credit.   Prior  to  the  member's
    retirement,  each  former  employer  shall certify to the
    System the number of unused and uncompensated accumulated
    sick leave days credited to the member  at  the  time  of
    termination  of  service. The period of unused sick leave
    shall not be considered in determining the effective date
    of  retirement.   A  member  is  not  required  to   make
    contributions  in  order  to  obtain  service  credit for
    unused sick leave.
         Credit for  sick  leave  shall,  at  retirement,  be
    granted  by  the  System  for  any  retiring  regional or
    assistant regional superintendent of schools at the  rate
    of  6  days  per  year  of  creditable service or portion
    thereof established while serving as such  superintendent
    or assistant superintendent.
         (7)  Periods  prior to February 1, 1987 served as an
    employee of the Illinois Mathematics and Science  Academy
    for  which  credit  has not been terminated under Section
    15-113.9 of this Code.
         (8)  Service  as  a  substitute  teacher  for   work
    performed prior to July 1, 1990.
         (9)  Service   as   a  part-time  teacher  for  work
    performed prior to July 1, 1990.
         (10)  Up to 2  years  of  employment  with  Southern
    Illinois  University  - Carbondale from September 1, 1959
    to August 31, 1961, or with  Governors  State  University
    from  September 1, 1972 to August 31, 1974, for which the
    teacher has no  credit  under  Article  15.   To  receive
    credit  under  this  item  (10),  a teacher must apply in
    writing to the Board and pay the  required  contributions
    before  May 1, 1993 and have at least 12 years of service
    credit under this Article.
    (b-1)  A member may establish optional credit for up to 2
years of service as a teacher or administrator employed by  a
private  school  recognized  by  the  Illinois State Board of
Education, provided that the teacher (i) was certified  under
the  law  governing the certification of teachers at the time
the service was rendered, (ii) applies in writing on or after
June 1, 2002 and on or before June 1,  2005,  (iii)  supplies
satisfactory  evidence  of  the employment, (iv) completes at
least 10 years  of  contributing  service  as  a  teacher  as
defined  in  Section  16-106,  and  (v) pays the contribution
required in subsection (d-5) of Section 16-128.   The  member
may  apply  for  credit  under  this  subsection  and pay the
required contribution  before  completing  the  10  years  of
contributing service required under item (iv), but the credit
may  not  be  used  until  the item (iv) contributing service
requirement has been met.
    (c)  The service credits specified in this Section  shall
be granted only if: (1) such service credits are not used for
credit  in  any other statutory tax-supported public employee
retirement system other  than  the  federal  Social  Security
program;  and (2) the member makes the required contributions
as specified  in  Section  16-128.   Except  as  provided  in
subsection (b-1) of this Section, the service credit shall be
effective  as  of  the  date  the  required contributions are
completed.
    Any service credits  granted  under  this  Section  shall
terminate upon cessation of membership for any cause.
    Credit may not be granted under this Section covering any
period  for  which an age retirement or disability retirement
allowance has been paid.
(Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.)

    (40 ILCS 5/16-128) (from Ch. 108 1/2, par. 16-128)
    Sec.    16-128.  Creditable    service     -     required
contributions.
    (a)  In order to receive the creditable service specified
under  subsection (b) of Section 16-127, a member is required
to make the following contributions: (i) an amount  equal  to
the  contributions  which  would  have been required had such
service been rendered as a member under this System; (ii) for
military service not immediately following employment and for
service established  under  subdivision  (b)(10)  of  Section
16-127,  an amount determined by the Board to be equal to the
employer's normal cost  of  the  benefits  accrued  for  such
service;  and  (iii) interest from the date the contributions
would have been due (or, in the case of a person establishing
credit for  military  service  under  subdivision  (b)(3)  of
Section  16-127,  the date of first membership in the System,
if that date is  later)  to  the  date  of  payment,  at  the
following rate of interest, compounded annually:  for periods
prior to July 1, 1965, regular interest; from July 1, 1965 to
June  30,  1977,  4%  per  year;  on  and after July 1, 1977,
regular interest.
    (b)  In  order  to  receive  creditable   service   under
paragraph  (2)  of subsection (b) of Section 16-127 for those
who were not members on June 30, 1963, the  minimum  required
contribution  shall be $420 per year of service together with
interest at 4% per year  compounded  annually  from  July  1,
preceding  the  date of membership until June 30, 1977 and at
regular interest compounded annually thereafter to  the  date
of payment.
    (c)  In determining the contribution required in order to
receive  creditable service under paragraph (3) of subsection
(b) of Section 16-127, the salary rate for the  remainder  of
the  school  term  in  which a member enters military service
shall be assumed to be equal to the member's salary  rate  at
the time of entering military service.  However, for military
service not immediately following employment, the salary rate
on  the  last  date  as a participating teacher prior to such
military service, or on the first  date  as  a  participating
teacher  after  such  military service, whichever is greater,
shall be assumed to be equal to the member's salary  rate  at
the  time of entering military service.  For each school term
thereafter, the member's salary rate shall be assumed  to  be
5% higher than the salary rate in the previous school term.
    (d)  In determining the contribution required in order to
receive  creditable service under paragraph (5) of subsection
(b) of Section 16-127, a  member's  salary  rate  during  the
period for which credit is being established shall be assumed
to  be  equal  to  the  member's last salary rate immediately
preceding that period.
    (d-5)  For each year of service credit to be  established
under  subsection  (b-1)  of  Section  16-127,  a  member  is
required  to contribute to the System (i) 16.5% of the annual
salary rate during the first year of full-time employment  as
a  teacher  under  this  Article following the private school
service, plus (ii) interest thereon from the  date  of  first
full-time   employment   as  a  teacher  under  this  Article
following the private school service to the date of  payment,
compounded annually, at the rate of 8.5% per year for periods
before  the effective date of this amendatory Act of the 92nd
General Assembly, and for subsequent periods at a rate  equal
to  the  System's  actuarially  assumed  rate  of  return  on
investments.
    (e)  The contributions required under this Section may be
made  from the date the statement for such creditable service
is  issued  until  retirement  date.    All   such   required
contributions  must  be made before any retirement annuity is
granted.
(Source: P.A. 89-430, eff. 12-15-95.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly December 05, 2002.
    Approved January 03, 2003.

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