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90_HB1827 40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104 Amends the State Employee Article of the Pension Code. Authorizes purchase of service credit for periods of authorized leave of absence not exceeding one year. Requires the applicant to pay both employee and employer contributions plus interest. Effective immediately. LRB9004793EGfg LRB9004793EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 14-104. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Pension Code is amended by 6 changing Section 14-104 as follows: 7 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) 8 Sec. 14-104. Service for which contributions permitted. 9 Contributions provided for in this Section shall cover the 10 period of service granted, and be based upon employee's 11 compensation and contribution rate in effect on the date he 12 last became a member of the System; provided that for all 13 employment prior to January 1, 1969 the contribution rate 14 shall be that in effect for a noncovered employee on the date 15 he last became a member of the System. Contributions 16 permitted under this Section shall include regular interest 17 from the date an employee last became a member of the System 18 to date of payment. 19 These contributions must be paid in full before 20 retirement either in a lump sum or in installment payments in 21 accordance with such rules as may be adopted by the board. 22 (a) Any member may make contributions as required in 23 this Section for any period of service, subsequent to the 24 date of establishment, but prior to the date of membership. 25 (b) Any employee who had been previously excluded from 26 membership because of age at entry and subsequently became 27 eligible may elect to make contributions as required in this 28 Section for the period of service during which he was 29 ineligible. 30 (c) An employee of the Department of Insurance who, 31 after January 1, 1944 but prior to becoming eligible for -2- LRB9004793EGfg 1 membership, received salary from funds of insurance companies 2 in the process of rehabilitation, liquidation, conservation 3 or dissolution, may elect to make contributions as required 4 in this Section for such service. 5 (d) Any employee who rendered service in a State office 6 to which he was elected, or rendered service in the elective 7 office of Clerk of the Appellate Court prior to the date he 8 became a member, may make contributions for such service as 9 required in this Section. Any member who served by 10 appointment of the Governor under the Civil Administrative 11 Code of Illinois and did not participate in this System may 12 make contributions as required in this Section for such 13 service. 14 (e) Any person employed by the United States government 15 or any instrumentality or agency thereof from January 1, 1942 16 through November 15, 1946 as the result of a transfer from 17 State service by executive order of the President of the 18 United States shall be entitled to prior service credit 19 covering the period from January 1, 1942 through December 31, 20 1943 as provided for in this Article and to membership 21 service credit for the period from January 1, 1944 through 22 November 15, 1946 by making the contributions required in 23 this Section. A person so employed on January 1, 1944 but 24 whose employment began after January 1, 1942 may qualify for 25 prior service and membership service credit under the same 26 conditions. 27 (f) An employee of the Department of Labor of the State 28 of Illinois who performed services for and under the 29 supervision of that Department prior to January 1, 1944 but 30 who was compensated for those services directly by federal 31 funds and not by a warrant of the Auditor of Public Accounts 32 paid by the State Treasurer may establish credit for such 33 employment by making the contributions required in this 34 Section. An employee of the Department of Agriculture of the -3- LRB9004793EGfg 1 State of Illinois, who performed services for and under the 2 supervision of that Department prior to June 1, 1963, but was 3 compensated for those services directly by federal funds and 4 not paid by a warrant of the Auditor of Public Accounts paid 5 by the State Treasurer, and who did not contribute to any 6 other public employee retirement system for such service, may 7 establish credit for such employment by making the 8 contributions required in this Section. 9 (g) Any employee who executed a waiver of membership 10 within 60 days prior to January 1, 1944 may, at any time 11 while in the service of a department, file with the board a 12 rescission of such waiver. Upon making the contributions 13 required by this Section, the member shall be granted the 14 creditable service that would have been received if the 15 waiver had not been executed. 16 (h) Until May 1, 1990, an employee who was employed on a 17 full-time basis by a regional planning commission for at 18 least 5 continuous years may establish creditable service for 19 such employment by making the contributions required under 20 this Section, provided that any credits earned by the 21 employee in the commission's retirement plan have been 22 terminated. 23 (i) Any person who rendered full time contractual 24 services to the General Assembly as a member of a legislative 25 staff may establish service credit for up to 8 years of such 26 services by making the contributions required under this 27 Section, provided that application therefor is made not later 28 than July 1, 1991. 29 (j) By paying the contributions otherwise required under 30 this Section, plus an amount determined by the Board to be 31 equal to the employer's normal cost of the benefit plus 32 interest, an employee may establish service credit for a 33 period of up to 2 years spent in active military service for 34 which he does not qualify for credit under Section 14-105, -4- LRB9004793EGfg 1 provided that (1) he was not dishonorably discharged from 2 such military service, and (2) the amount of service credit 3 established by a member under this subsection (j), when added 4 to the amount of military service credit granted to the 5 member under subsection (b) of Section 14-105, shall not 6 exceed 5 years. 7 (k) An employee who was employed on a full-time basis by 8 the Illinois State's Attorneys Association Statewide 9 Appellate Assistance Service LEAA-ILEC grant project prior to 10 the time that project became the State's Attorneys Appellate 11 Service Commission, now the Office of the State's Attorneys 12 Appellate Prosecutor, an agency of State government, may 13 establish creditable service for not more than 60 months 14 service for such employment by making contributions required 15 under this Section. 16 (l) By paying the contributions otherwise required under 17 this Section, plus an amount determined by the Board to be 18 equal to the employer's normal cost of the benefit plus 19 interest, a member may establish service credit for periods 20 of less than one year spent on authorized leave of absence 21 from service, provided that (1) the period of leave began on 22 or after January 1, 1992 and (2) any credit established by 23 the member for the period of leave in any other public 24 employee retirement system has been terminated. A member may 25 establish service credit under this subsection for more than 26 one period of authorized leave, and in that case the total 27 period of service credit established by the member under this 28 subsection may exceed one year. 29 (Source: P.A. 86-273; 86-1488; 87-794; 87-895; 87-1265.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.
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