Illinois General Assembly - Full Text of HB2142
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Full Text of HB2142  93rd General Assembly

HB2142 93rd General Assembly


093_HB2142

 
                                     LRB093 07367 LRD 07529 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 14-104 as follows:

 6        (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
 7        Sec.  14-104.  Service for which contributions permitted.
 8    Contributions provided for in this Section  shall  cover  the
 9    period  of  service granted.  Except as otherwise provided in
10    this Section, the  contributions  shall  be  based  upon  the
11    employee's  compensation  and  contribution rate in effect on
12    the date he last became a member of the System; provided that
13    for all employment prior to January 1, 1969 the  contribution
14    rate shall be that in effect for a noncovered employee on the
15    date  he  last  became  a  member  of  the System.  Except as
16    otherwise provided in this Section,  contributions  permitted
17    under  this  Section  shall include regular interest from the
18    date an employee last became a member of the  System  to  the
19    date of payment.
20        These   contributions   must   be  paid  in  full  before
21    retirement either in a lump sum or in installment payments in
22    accordance with such rules as may be adopted by the board.
23        (a)  Any member may make  contributions  as  required  in
24    this  Section  for  any  period of service, subsequent to the
25    date of establishment, but prior to the date of membership.
26        (b)  Any employee who had been previously  excluded  from
27    membership  because  of  age at entry and subsequently became
28    eligible may elect to make contributions as required in  this
29    Section  for  the  period  of  service  during  which  he was
30    ineligible.
31        (c)  An employee of  the  Department  of  Insurance  who,
 
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 1    after  January  1,  1944  but  prior to becoming eligible for
 2    membership, received salary from funds of insurance companies
 3    in the process of rehabilitation,  liquidation,  conservation
 4    or  dissolution,  may elect to make contributions as required
 5    in this Section for such service.
 6        (d)  Any employee who rendered service in a State  office
 7    to  which he was elected, or rendered service in the elective
 8    office of Clerk of the Appellate Court prior to the  date  he
 9    became  a  member, may make contributions for such service as
10    required  in  this  Section.   Any  member  who   served   by
11    appointment  of  the  Governor under the Civil Administrative
12    Code of Illinois and did not participate in this  System  may
13    make  contributions  as  required  in  this  Section for such
14    service.
15        (e)  Any person employed by the United States  government
16    or any instrumentality or agency thereof from January 1, 1942
17    through  November  15,  1946 as the result of a transfer from
18    State service by executive order  of  the  President  of  the
19    United  States  shall  be  entitled  to  prior service credit
20    covering the period from January 1, 1942 through December 31,
21    1943 as provided  for  in  this  Article  and  to  membership
22    service  credit   for the period from January 1, 1944 through
23    November 15, 1946 by making  the  contributions  required  in
24    this  Section.   A  person so employed on January 1, 1944 but
25    whose employment began after January 1, 1942 may qualify  for
26    prior  service  and  membership service credit under the same
27    conditions.
28        (f)  An employee of the Department of Labor of the  State
29    of   Illinois  who  performed  services  for  and  under  the
30    supervision of that Department prior to January 1,  1944  but
31    who  was  compensated  for those services directly by federal
32    funds and not by a warrant of the Auditor of Public  Accounts
33    paid  by  the  State  Treasurer may establish credit for such
34    employment by  making  the  contributions  required  in  this
 
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 1    Section.  An employee of the Department of Agriculture of the
 2    State of Illinois, who performed services for and  under  the
 3    supervision of that Department prior to June 1, 1963, but was
 4    compensated  for those services directly by federal funds and
 5    not paid by a warrant of the Auditor of Public Accounts  paid
 6    by  the  State  Treasurer,  and who did not contribute to any
 7    other public employee retirement system for such service, may
 8    establish  credit  for  such   employment   by   making   the
 9    contributions required in this Section.
10        (g)  Any  employee  who  executed  a waiver of membership
11    within 60 days prior to January 1,  1944  may,  at  any  time
12    while  in  the service of a department, file with the board a
13    rescission of such waiver.   Upon  making  the  contributions
14    required  by  this  Section,  the member shall be granted the
15    creditable service that  would  have  been  received  if  the
16    waiver had not been executed.
17        (h)  Until May 1, 1990, an employee who was employed on a
18    full-time  basis  by  a  regional  planning commission for at
19    least 5 continuous years may establish creditable service for
20    such employment by making the  contributions  required  under
21    this  Section,  provided  that  any  credits  earned  by  the
22    employee  in  the  commission's  retirement  plan  have  been
23    terminated.
24        (i)  Any   person  who  rendered  full  time  contractual
25    services to the General Assembly as a member of a legislative
26    staff may establish service credit for up to 8 years of  such
27    services  by  making  the  contributions  required under this
28    Section, provided that application therefor is made not later
29    than July 1, 1991.
30        (j)  By paying the contributions otherwise required under
31    this Section, plus, if application  is  made  after  July  1,
32    2004,  an  amount  determined by the Board to be equal to the
33    employer's normal cost of the benefit plus interest, but with
34    all of the interest calculated from  the  date  the  employee
 
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 1    last  became  a  member  of  the System or November 19, 1991,
 2    whichever is later, to the date of payment, an  employee  may
 3    establish  service credit for a period of up to 2 years spent
 4    in active military service for which he does not qualify  for
 5    credit  under  Section  14-105,  provided that (1) he was not
 6    dishonorably discharged from such military service,  and  (2)
 7    the  amount  of  service credit established by a member under
 8    this subsection (j), when added to  the  amount  of  military
 9    service  credit granted to the member under subsection (b) of
10    Section 14-105, shall not exceed 5 years.  The change in  the
11    manner of calculating interest under this subsection (j) made
12    by  this  amendatory Act of the 92nd General Assembly applies
13    to credit purchased by an employee on or after its  effective
14    date  and  does  not  entitle  any  person  to  a  refund  of
15    contributions  or  interest already paid.  The change made to
16    this subsection (j)  by  this  amendatory  Act  of  the  93rd
17    General Assembly authorizing a person to establish credit for
18    military  service applies to credit purchased on or after its
19    effective date and does not entitle any person to a refund of
20    contributions or interest already paid.
21        (k)  An employee who was employed on a full-time basis by
22    the  Illinois   State's   Attorneys   Association   Statewide
23    Appellate Assistance Service LEAA-ILEC grant project prior to
24    the  time that project became the State's Attorneys Appellate
25    Service Commission, now the Office of the  State's  Attorneys
26    Appellate  Prosecutor,  an  agency  of  State government, may
27    establish creditable service for  not  more  than  60  months
28    service  for such employment by making contributions required
29    under this Section.
30        (l)  By paying the contributions otherwise required under
31    this Section, plus an amount determined by the  Board  to  be
32    equal  to  the  employer's  normal  cost  of the benefit plus
33    interest, a member may establish service credit  for  periods
34    of  less  than  one year spent on authorized leave of absence
 
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 1    from service, provided that (1) the period of leave began  on
 2    or  after  January  1, 1982 and (2) any credit established by
 3    the member for the  period  of  leave  in  any  other  public
 4    employee retirement system has been terminated.  A member may
 5    establish  service credit under this subsection for more than
 6    one period of authorized leave, and in that  case  the  total
 7    period of service credit established by the member under this
 8    subsection   may   exceed   one  year.   In  determining  the
 9    contributions required for establishing service credit  under
10    this  subsection,  the  interest shall be calculated from the
11    beginning of the leave of absence to the date of payment.
12        (m)  Any person who rendered contractual  services  to  a
13    member  of  the  General Assembly as a worker in the member's
14    district office may establish creditable service for up to  3
15    years   of   those   contractual   services   by  making  the
16    contributions required under this Section.  The System  shall
17    determine  a  full-time  salary equivalent for the purpose of
18    calculating the required contribution.  To  establish  credit
19    under this subsection, the applicant must apply to the System
20    by March 1, 1998.
21        (n)  Any  person  who  rendered contractual services to a
22    member  of  the  General  Assembly  as  a  worker   providing
23    constituent  services to persons in the member's district may
24    establish creditable service for  up  to  8  years  of  those
25    contractual  services  by  making  the contributions required
26    under this Section.  The System shall determine  a  full-time
27    salary equivalent for the purpose of calculating the required
28    contribution.  To establish credit under this subsection, the
29    applicant must apply to the System by March 1, 1998.
30        (o)  A   member   who   participated   in   the  Illinois
31    Legislative Staff Internship Program may establish creditable
32    service for up to one year of that  participation  by  making
33    the  contribution  required  under  this  Section. The System
34    shall determine a full-time salary equivalent for the purpose
 
                            -6-      LRB093 07367 LRD 07529 b
 1    of calculating the required contribution.  Credit may not  be
 2    established  under  this  subsection for any period for which
 3    service credit is established under any  other  provision  of
 4    this Code.
 5    (Source: P.A. 92-54, eff. 7-12-01.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.