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90_SB1299 40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104 Amends the State Employee Article of the Pension Code. Allows a member to establish service credit for certain periods of employment prior to becoming a member without paying interest, if application and payment in full are made before January 1, 2000. Effective immediately. LRB9008716EGfg LRB9008716EGfg 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 are 9 permitted. Creditable service shall be granted under this 10 Section for the types of service specified, upon application 11 in writing and payment of the contributions provided for in 12 this Section covering
shall coverthe period of service to be 13 granted. The contributions shall , andbe based upon the 14 applicant's employee'scompensation and contribution rate in 15 effect on the date he or she last became a member of the 16 System; provided thatfor all employment prior to January 1, 17 1969, the contribution rate shall be that in effect for a 18 noncovered employee on the date he last became a member of19 the System. Contributions permitted under this Section shall 20 include regular interest from the date the applicant an21 employeelast became a member of the System to the date of 22 payment. 23 These contributions must be paid in full before 24 retirement either in a lump sum or in installment payments in 25 accordance with such rules as may be adopted by the board. 26 (a) Any member may make contributions as required in 27 this Section for any period of service ,subsequent to the 28 date of establishment, but prior to the date of membership. 29 With respect only to service established under this 30 subdivision (a), if application and payment in full are made 31 on or after the effective date of this amendatory Act of 1998 -2- LRB9008716EGfg 1 and before January 1, 2000, the payment of interest is not 2 required. 3 (b) Any employee who had been previously excluded from 4 membership because of age at entry and subsequently became 5 eligible may elect to make contributions as required in this 6 Section for the period of service during which he was 7 ineligible. 8 (c) An employee of the Department of Insurance who, 9 after January 1, 1944 but prior to becoming eligible for 10 membership, received salary from funds of insurance companies 11 in the process of rehabilitation, liquidation, conservation 12 or dissolution, may elect to make contributions as required 13 in this Section for such service. 14 (d) Any employee who rendered service in a State office 15 to which he was elected, or rendered service in the elective 16 office of Clerk of the Appellate Court prior to the date he 17 became a member, may make contributions for such service as 18 required in this Section. Any member who served by 19 appointment of the Governor under the Civil Administrative 20 Code of Illinois and did not participate in this System may 21 make contributions as required in this Section for such 22 service. 23 (e) Any person employed by the United States government 24 or any instrumentality or agency thereof from January 1, 1942 25 through November 15, 1946 as the result of a transfer from 26 State service by executive order of the President of the 27 United States shall be entitled to prior service credit 28 covering the period from January 1, 1942 through December 31, 29 1943 as provided for in this Article and to membership 30 service credit for the period from January 1, 1944 through 31 November 15, 1946 by making the contributions required in 32 this Section. A person so employed on January 1, 1944 but 33 whose employment began after January 1, 1942 may qualify for 34 prior service and membership service credit under the same -3- LRB9008716EGfg 1 conditions. 2 (f) An employee of the Department of Labor of the State 3 of Illinois who performed services for and under the 4 supervision of that Department prior to January 1, 1944 but 5 who was compensated for those services directly by federal 6 funds and not by a warrant of the Auditor of Public Accounts 7 paid by the State Treasurer may establish credit for such 8 employment by making the contributions required in this 9 Section. An employee of the Department of Agriculture of the 10 State of Illinois, who performed services for and under the 11 supervision of that Department prior to June 1, 1963, but was 12 compensated for those services directly by federal funds and 13 not paid by a warrant of the Auditor of Public Accounts paid 14 by the State Treasurer, and who did not contribute to any 15 other public employee retirement system for such service, may 16 establish credit for such employment by making the 17 contributions required in this Section. 18 (g) Any employee who executed a waiver of membership 19 within 60 days prior to January 1, 1944 may, at any time 20 while in the service of a department, file with the board a 21 rescission of such waiver. Upon making the contributions 22 required by this Section, the member shall be granted the 23 creditable service that would have been received if the 24 waiver had not been executed. 25 (h) Until May 1, 1990, an employee who was employed on a 26 full-time basis by a regional planning commission for at 27 least 5 continuous years may establish creditable service for 28 such employment by making the contributions required under 29 this Section, provided that any credits earned by the 30 employee in the commission's retirement plan have been 31 terminated. 32 (i) Any person who rendered full time contractual 33 services to the General Assembly as a member of a legislative 34 staff may establish service credit for up to 8 years of such -4- LRB9008716EGfg 1 services by making the contributions required under this 2 Section, provided that application therefor is made not later 3 than July 1, 1991. 4 (j) By paying the contributions otherwise required under 5 this Section, plus an amount determined by the Board to be 6 equal to the employer's normal cost of the benefit plus 7 interest, an employee may establish service credit for a 8 period of up to 2 years spent in active military service for 9 which he does not qualify for credit under Section 14-105, 10 provided that (1) he was not dishonorably discharged from 11 such military service, and (2) the amount of service credit 12 established by a member under this subsection (j), when added 13 to the amount of military service credit granted to the 14 member under subsection (b) of Section 14-105, shall not 15 exceed 5 years. 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 less than one year spent on authorized leave of absence 30 from service, provided that (1) the period of leave began on 31 or after January 1, 1982 and (2) any credit established by 32 the member for the period of leave in any other public 33 employee retirement system has been terminated. A member may 34 establish service credit under this subsection for more than -5- LRB9008716EGfg 1 one period of authorized leave, and in that case the total 2 period of service credit established by the member under this 3 subsection may exceed one year. 4 (m) (l)Any person who rendered contractual services to 5 a member of the General Assembly as a worker in the member's 6 district office may establish creditable service for up to 3 7 years of those contractual services by making the 8 contributions required under this Section. The System shall 9 determine a full-time salary equivalent for the purpose of 10 calculating the required contribution. To establish credit 11 under this subsection, the applicant must apply to the System 12 by March 1, 1998. 13 (n) (l)Any person who rendered contractual services to 14 a member of the General Assembly as a worker providing 15 constituent services to persons in the member's district may 16 establish creditable service for up to 8 years of those 17 contractual services by making the contributions required 18 under this Section. The System shall determine a full-time 19 salary equivalent for the purpose of calculating the required 20 contribution. To establish credit under this subsection, the 21 applicant must apply to the System by March 1, 1998. 22 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97; 23 90-511, eff. 8-22-97; revised 9-5-97.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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