093_HB1361

 
                                     LRB093 07351 LRD 07513 b

 1        AN ACT in relation to public employee benefits.

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

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 9-219 as follows:

 6        (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
 7        Sec. 9-219. Computation of service.
 8        (1)  In  computing  the  term  of  service of an employee
 9    prior to the effective date, the entire period  beginning  on
10    the  date he was first appointed and ending on the day before
11    the effective date,  except  any  intervening  period  during
12    which  he  was separated by withdrawal from service, shall be
13    counted for all purposes of this Article.
14        (2)  In computing the term of service of any employee  on
15    or  after  the  effective date, the following periods of time
16    shall be counted as periods of service for age  and  service,
17    widow's and child's annuity purposes:
18             (a)  The  time  during which he performed the duties
19        of his position.
20             (b)  Vacations, leaves of absence with whole or part
21        pay, and leaves of absence without pay not longer than 90
22        days.
23             (c)  For an employee who is a  member  of  a  county
24        police  department  or  a  correctional  officer with the
25        county department  of  corrections,  approved  leaves  of
26        absence without pay during which the employee serves as a
27        full-time officer or employee of an employee association,
28        the membership of which consists of other participants in
29        the  Fund,  provided that the employee contributes to the
30        Fund (1) the amount that he would have contributed had he
31        remained an active employee in the position  he  occupied
 
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 1        at  the  time  the  leave  of absence was granted, (2) an
 2        amount calculated  by  the  Board  representing  employer
 3        contributions,  and (3) regular interest thereon from the
 4        date of service to the date of payment.  However, if  the
 5        employee's  application  to  establish  credit under this
 6        subsection is received by the Fund on or  after  July  1,
 7        2003  2000  and  before  July  1,  2004  2000, the amount
 8        representing employer contributions specified in item (2)
 9        shall be waived.
10             For a former member of a  county  police  department
11        who  has  received  a refund under Section 9-164, periods
12        during which the employee serves as head of  an  employee
13        association,  the  membership  of which consists of other
14        police officers, provided that the  employee  contributes
15        to the Fund (1) the amount that he would have contributed
16        had  he  remained  an  active member of the county police
17        department in the position he occupied  at  the  time  he
18        left  service,  (2)  an  amount  calculated  by the Board
19        representing  employer  contributions,  and  (3)  regular
20        interest thereon from the date of service to the date  of
21        payment.   However,  if  the  former member of the county
22        police department retires on or after January 1, 1993 but
23        no later than March  1,  1993,  the  amount  representing
24        employer  contributions  specified  in  item (2) shall be
25        waived.
26             (d)  Any period of disability for which he  received
27        disability benefit or whole or part pay.
28             (e)  Accumulated vacation or other time for which an
29        employee  who  retires  on  or  after  November  1,  1990
30        receives  a  lump  sum payment at the time of retirement,
31        provided that contributions were made to the fund at  the
32        time  such  lump  sum  payment was received.  The service
33        granted for the lump sum payment  shall  not  change  the
34        employee's date of withdrawal for computing the effective
 
                            -3-      LRB093 07351 LRD 07513 b
 1        date of the annuity.
 2             (f)  An  employee  may  receive  service  credit for
 3        annuity purposes for accumulated sick  leave  as  of  the
 4        date  of  the  employee's withdrawal from service, not to
 5        exceed a total of 180 days, provided that the  amount  of
 6        such  accumulated  sick  leave is certified by the County
 7        Comptroller to the Board and the employee pays an  amount
 8        equal  to  8.5%  (9%  for  members  of  the County Police
 9        Department who are eligible to receive an  annuity  under
10        Section  9-128.1) of the amount that would have been paid
11        had  such  accumulated  sick  leave  been  paid  at   the
12        employee's  final  rate  of salary. Such payment shall be
13        made within 30 days after  the  date  of  withdrawal  and
14        prior to receipt of the first annuity check.  The service
15        credit  granted for such accumulated sick leave shall not
16        change the employee's date of withdrawal for the  purpose
17        of computing the effective date of the annuity.
18        (3)  In  computing  the term of service of an employee on
19    or after the effective date for ordinary  disability  benefit
20    purposes,  the  following periods of time shall be counted as
21    periods of service:
22             (a)  Unless otherwise specified  in  Section  9-157,
23        the  time  during  which  he  performed the duties of his
24        position.
25             (b)  Paid vacations and leaves of absence with whole
26        or part pay.
27             (c)  Any  period  for   which   he   received   duty
28        disability benefit.
29             (d)  Any  period of disability for which he received
30        whole or part pay.
31        (4)  For  an  employee  who  on  January  1,  1958,   was
32    transferred  by  Act  of  the  70th General Assembly from his
33    position in a department of welfare of any  city  located  in
34    the  county in which this Article is in force and effect to a
 
                            -4-      LRB093 07351 LRD 07513 b
 1    similar position in a  department  of  such  county,  service
 2    shall  also  be  credited for ordinary disability benefit and
 3    child's annuity for such  period  of  department  of  welfare
 4    service  during  which  period  he  was  a  contributor  to a
 5    statutory annuity and benefit fund in such city and for which
 6    purposes service credit would otherwise not  be  credited  by
 7    virtue of such involuntary transfer.
 8        (5)  An  employee  described in subsection (e) of Section
 9    9-108 shall receive credit for child's annuity  and  ordinary
10    disability  benefit  for  the period of time for which he was
11    credited  with  service  in  the  fund  from  which  he   was
12    involuntarily  separated  through  class  or  group transfer;
13    provided, that no such credit shall be allowed to the  extent
14    that  it results in a duplication of credits or benefits, and
15    neither shall such credit be allowed to the  extent  that  it
16    was or may be forfeited by the application for and acceptance
17    of  a  refund  from  the  fund  from  which  the employee was
18    transferred.
19        (6)  Overtime or extra service shall not be  included  in
20    computing  service.  Not more than 1 year of service shall be
21    allowed for service rendered during any calendar year.
22    (Source: P.A. 92-599, eff. 6-28-02.)

23        Section 90.  The State Mandates Act is amended by  adding
24    Section 8.27 as follows:

25        (30 ILCS 805/8.27 new)
26        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
27    and 8 of this Act, no reimbursement by the State is  required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 93rd General Assembly.

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.