093_SB1213

 
                                     LRB093 10979 EFG 11589 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,
 
                            -2-      LRB093 10979 EFG 11589 b
 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
 
                            -3-      LRB093 10979 EFG 11589 b
 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  an amount determined by the Board to be
32    equal to the employer's  normal  cost  of  the  benefit  plus
33    interest,  but  with  all of the interest calculated from the
34    date the employee last became  a  member  of  the  System  or
 
                            -4-      LRB093 10979 EFG 11589 b
 1    November  19,  1991,  whichever  is  later,  to  the  date of
 2    payment, an employee  may  establish  service  credit  for  a
 3    period  of up to 2 years spent in active military service for
 4    which he does not qualify for credit  under  Section  14-105,
 5    provided  that  (1)  he  was not dishonorably discharged from
 6    such military service, and (2) the amount of  service  credit
 7    established by a member under this subsection (j), when added
 8    to  the  amount  of  military  service  credit granted to the
 9    member under subsection (b)  of  Section  14-105,  shall  not
10    exceed  5  years.   The  change  in the manner of calculating
11    interest under this subsection (j) made  by  this  amendatory
12    Act  of the 92nd General Assembly applies to credit purchased
13    by an employee on or after its effective date  and  does  not
14    entitle  any  person to a refund of contributions or interest
15    already paid.
16        (k)  An employee who was employed on a full-time basis by
17    the  Illinois   State's   Attorneys   Association   Statewide
18    Appellate Assistance Service LEAA-ILEC grant project prior to
19    the  time that project became the State's Attorneys Appellate
20    Service Commission, now the Office of the  State's  Attorneys
21    Appellate  Prosecutor,  an  agency  of  State government, may
22    establish creditable service for  not  more  than  60  months
23    service  for such employment by making contributions required
24    under this Section.
25        (l)  By paying the contributions otherwise required under
26    this Section, plus an amount determined by the  Board  to  be
27    equal  to  the  employer's  normal  cost  of the benefit plus
28    interest, a member may establish service credit  for  periods
29    of up to 2 years less than one year spent on authorized leave
30    of  absence  from  service,  provided  that (1) the period of
31    leave began on or after January 1, 1982 and  (2)  any  credit
32    established  by  the  member  for  the period of leave in any
33    other public employee retirement system has been  terminated.
34    A  member  may establish service credit under this subsection
 
                            -5-      LRB093 10979 EFG 11589 b
 1    for more than one period of authorized  leave,  and  in  that
 2    case  the  total  period of service credit established by the
 3    member under this subsection may exceed 2 years one year.  In
 4    determining  the  contributions  required  for   establishing
 5    service  credit  under this subsection, the interest shall be
 6    calculated from the beginning of the leave of absence to  the
 7    date of payment.
 8        (m)  Any  person  who  rendered contractual services to a
 9    member of the General Assembly as a worker  in  the  member's
10    district  office may establish creditable service for up to 3
11    years  of  those   contractual   services   by   making   the
12    contributions  required under this Section.  The System shall
13    determine a full-time salary equivalent for  the  purpose  of
14    calculating  the  required contribution.  To establish credit
15    under this subsection, the applicant must apply to the System
16    by March 1, 1998.
17        (n)  Any person who rendered contractual  services  to  a
18    member   of  the  General  Assembly  as  a  worker  providing
19    constituent services to persons in the member's district  may
20    establish  creditable  service  for  up  to  8 years of those
21    contractual services by  making  the  contributions  required
22    under  this  Section.  The System shall determine a full-time
23    salary equivalent for the purpose of calculating the required
24    contribution.  To establish credit under this subsection, the
25    applicant must apply to the System by March 1, 1998.
26        (o)  A  member   who   participated   in   the   Illinois
27    Legislative Staff Internship Program may establish creditable
28    service  for  up  to one year of that participation by making
29    the contribution required  under  this  Section.  The  System
30    shall determine a full-time salary equivalent for the purpose
31    of  calculating the required contribution.  Credit may not be
32    established under this subsection for any  period  for  which
33    service  credit  is  established under any other provision of
34    this Code.
 
                            -6-      LRB093 10979 EFG 11589 b
 1    (Source: P.A. 92-54, eff. 7-12-01.)

 2        Section 99. Effective date.  This Act takes  effect  upon
 3    becoming law.