Illinois General Assembly - Full Text of SB1152
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Full Text of SB1152  93rd General Assembly

SB1152 93rd General Assembly


093_SB1152

 
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 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 17-134 as follows:

 6        (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
 7        Sec.   17-134.   Contributions  for  leaves  of  absence;
 8    military service; computing service.   In  computing  service
 9    for  pension  purposes the following periods of service shall
10    stand in lieu of a like number of years of  teaching  service
11    upon payment therefor in the manner hereinafter provided: (a)
12    time spent on a leave of absence granted by the employer; (b)
13    service  with  teacher  or  labor  organizations  based  upon
14    special  leaves  of  absence therefor granted by an Employer;
15    (c) a maximum of 5 years spent in the military service of the
16    United States, of which up to 2 years may  have  been  served
17    outside   the   pension  period;  (d)  unused  sick  days  at
18    termination of service to a maximum of 315 244 days; (e) time
19    lost due to layoff and curtailment of the  school  term  from
20    June  6  through June 21, 1976; and (f) time spent after June
21    30, 1982 as a member of the Board of Education,  if  required
22    to  resign  from  an  administrative or teaching  position in
23    order to qualify as a member of the Board of Education.
24             (1)  For time spent on or after September 6, 1948 on
25        sabbatical leaves of absence or sick  leaves,  for  which
26        salaries   are  paid,  an  Employer  shall  make  payroll
27        deductions at the applicable rates in effect during  such
28        periods.
29             (2)  For time spent on a leave of absence granted by
30        the  employer  for  which  no salaries are paid, teachers
31        desiring  credit  therefor   shall   pay   the   required
 
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 1        contributions  at the rates in effect during such periods
 2        as though they were in teaching service. If  an  Employer
 3        pays  salary for vacations which occur during a teacher's
 4        sick  leave  or  maternity  or  paternity  leave  without
 5        salary, vacation pay for which  the  teacher  would  have
 6        qualified  while  in  active  service shall be considered
 7        part of the teacher's total salary for pension  purposes.
 8        No more than 36 months of leave credit may be allowed any
 9        person  during  the  entire  term of service.  Sabbatical
10        leave credit shall be limited to the time the  person  on
11        leave without salary under an Employer's rules is allowed
12        to  engage in an activity for which he receives salary or
13        compensation.
14             (3)  For time spent prior to September 6,  1948,  on
15        sabbatical  leaves  of  absence  or sick leaves for which
16        salaries were  paid,  teachers  desiring  service  credit
17        therefor  shall  pay  the  required  contributions at the
18        maximum applicable rates in effect during such periods.
19             (4)  For service with teacher or labor organizations
20        authorized by special leaves of  absence,  for  which  no
21        payroll  deductions  are  made  by  an Employer, teachers
22        desiring service credit therefor shall contribute to  the
23        Fund  upon  the  basis of the actual salary received from
24        such organizations at  the  percentage  rates  in  effect
25        during  such  periods  for  certified positions with such
26        Employer.  To the extent the actual  salary  exceeds  the
27        regular  salary,  which  shall  be  defined as the salary
28        rate, as calculated by  the  Board,  in  effect  for  the
29        teacher's   regular   position  in  teaching  service  on
30        September 1, 1983 or on the effective date of  the  leave
31        with   the   organization,   whichever   is   later,  the
32        organization shall pay to the Fund the employer's  normal
33        cost as set by the Board on the increment.
34             (5)  For   time   spent  in  the  military  service,
 
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 1        teachers entitled to and desiring credit  therefor  shall
 2        contribute  the  amount required for each year of service
 3        or fraction thereof at the rates in force (a) at the date
 4        oF appointment, or (b) on return to teaching service as a
 5        regularly certified teacher, as the case may be; provided
 6        such rates shall not  be  less  than  $450  per  year  of
 7        service.  These conditions shall apply unless an Employer
 8        elects  to  and  does  pay into the Fund the amount which
 9        would have been due from such person had he been employed
10        as a teacher during such time.  In the case of credit for
11        military service  not  during  the  pension  period,  the
12        teacher must also pay to the Fund an amount determined by
13        the  Board  to  be equal to the employer's normal cost of
14        the benefits accrued from  such  service,  plus  interest
15        thereon  at  5%  per  year, compounded annually, from the
16        date of appointment to the date of payment.
17             The changes to  this  Section  made  by  Public  Act
18        87-795  shall  apply  not only to persons who on or after
19        its effective date are in service  under  the  Fund,  but
20        also  to  persons  whose  status  as a teacher terminated
21        prior to that date, whether  or  not  the  person  is  an
22        annuitant  on that date.  In the case of an annuitant who
23        applies for credit allowable under  this  Section  for  a
24        period  of  military  service  that  did  not immediately
25        follow  employment,  and  who  has  made   the   required
26        contributions  for  such  credit,  the  annuity  shall be
27        recalculated to include the  additional  service  credit,
28        with  the  increase  taking  effect  on the date the Fund
29        received written notification of the  annuitant's  intent
30        to  purchase  the  credit, if payment of all the required
31        contributions is made within 60 days of such  notice,  or
32        else on the first annuity payment date following the date
33        of payment of the required contributions.  In calculating
34        the  automatic  annual  increase  for an annuity that has
 
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 1        been  recalculated  under  this  Section,  the   increase
 2        attributable  to  the  additional service allowable under
 3        this amendatory Act of 1991  shall  be  included  in  the
 4        calculation  of automatic annual increases accruing after
 5        the effective date of the recalculation.
 6             The total credit  for  military  service  shall  not
 7        exceed  5  years,  except that any teacher who on July 1,
 8        1963, had validated credit  for  more  than  5  years  of
 9        military service shall be entitled to the total amount of
10        such credit.
11             (6)  A  maximum of 315 244 unused sick days credited
12        to his account by an Employer on the date of  termination
13        of employment.  Members, upon verification of unused sick
14        days,  may  add  this  service  time  to total creditable
15        service.
16             (7)  In all cases  where  time  spent  on  leave  is
17        creditable and no payroll deductions therefor are made by
18        an  Employer,  persons desiring service credit shall make
19        the required contributions directly to the Fund.
20             (8)  For time lost without pay  due  to  layoff  and
21        curtailment  of  the school term from June 6 through June
22        21, 1976, as provided in item (e) of the first  paragraph
23        of  this  Section,  persons  who were contributors on the
24        days immediately  preceding  such  layoff  shall  receive
25        credit  upon  paying  to the Fund a contribution based on
26        the rates of compensation and employee  contributions  in
27        effect  at  the  time  of  such  layoff, together with an
28        additional amount equal  to  12.2%  of  the  compensation
29        computed  for such period of layoff, plus interest on the
30        entire amount at 5% per annum from January 1, 1978 to the
31        date of payment.  If such contribution  is  paid,  salary
32        for  pension purposes for any year in which such a layoff
33        occurred shall include the  compensation  recognized  for
34        purposes of computing that contribution.
 
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 1             (9)  For  time  spent  after  June  30,  1982,  as a
 2        nonsalaried member of the Board of Education, if required
 3        to resign from an administrative or teaching position  in
 4        order  to  qualify as a member of the Board of Education,
 5        an administrator  or  teacher  desiring  credit  therefor
 6        shall  pay  the  required  contributions at the rates and
 7        salaries in effect during  such  periods  as  though  the
 8        member were in service.
 9        Effective  September  1,  1974,  the interest charged for
10    validation of service described in paragraphs (2) through (5)
11    of this Section shall be compounded annually at a rate of  5%
12    commencing  one  year  after  the termination of the leave or
13    return to service.
14    (Source: P.A. 92-599, eff. 6-28-02.)

15        Section 90.  The State Mandates Act is amended by  adding
16    Section 8.27 as follows:

17        (30 ILCS 805/8.27 new)
18        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
19    and 8 of this Act, no reimbursement by the State is  required
20    for  the  implementation  of  any  mandate  created  by  this
21    amendatory Act of the 93rd General Assembly.

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.