State of Illinois
91st General Assembly
Legislation

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91_HB0114

 
                                               LRB9100791EGfg

 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.  Except as otherwise provided in
11    this Section, the  contributions  shall  be  based  upon  the
12    employee's  compensation  and  contribution rate in effect on
13    the date he last became a member of the System; provided that
14    for all employment prior to January 1, 1969 the  contribution
15    rate shall be that in effect for a noncovered employee on the
16    date  he  last  became  a  member  of  the System.  Except as
17    otherwise provided in this Section,  contributions  permitted
18    under  this  Section  shall include regular interest from the
19    date an employee last became a member of the  System  to  the
20    date of payment.
21        These   contributions   must   be  paid  in  full  before
22    retirement either in a lump sum or in installment payments in
23    accordance with such rules as may be adopted by the board.
24        (a)  Any member may make  contributions  as  required  in
25    this  Section  for  any  period of service, subsequent to the
26    date of establishment, but prior to the date of membership.
27        (b)  Any employee who had been previously  excluded  from
28    membership  because  of  age at entry and subsequently became
29    eligible may elect to make contributions as required in  this
30    Section  for  the  period  of  service  during  which  he was
31    ineligible.
 
                            -2-                LRB9100791EGfg
 1        (c)  An employee of  the  Department  of  Insurance  who,
 2    after  January  1,  1944  but  prior to becoming eligible for
 3    membership, received salary from funds of insurance companies
 4    in the process of rehabilitation,  liquidation,  conservation
 5    or  dissolution,  may elect to make contributions as required
 6    in this Section for such service.
 7        (d)  Any employee who rendered service in a State  office
 8    to  which he was elected, or rendered service in the elective
 9    office of Clerk of the Appellate Court prior to the  date  he
10    became  a  member, may make contributions for such service as
11    required  in  this  Section.   Any  member  who   served   by
12    appointment  of  the  Governor under the Civil Administrative
13    Code of Illinois and did not participate in this  System  may
14    make  contributions  as  required  in  this  Section for such
15    service.
16        (e)  Any person employed by the United States  government
17    or any instrumentality or agency thereof from January 1, 1942
18    through  November  15,  1946 as the result of a transfer from
19    State service by executive order  of  the  President  of  the
20    United  States  shall  be  entitled  to  prior service credit
21    covering the period from January 1, 1942 through December 31,
22    1943 as provided  for  in  this  Article  and  to  membership
23    service  credit   for the period from January 1, 1944 through
24    November 15, 1946 by making  the  contributions  required  in
25    this  Section.   A  person so employed on January 1, 1944 but
26    whose employment began after January 1, 1942 may qualify  for
27    prior  service  and  membership service credit under the same
28    conditions.
29        (f)  An employee of the Department of Labor of the  State
30    of   Illinois  who  performed  services  for  and  under  the
31    supervision of that Department prior to January 1,  1944  but
32    who  was  compensated  for those services directly by federal
33    funds and not by a warrant of the Auditor of Public  Accounts
34    paid  by  the  State  Treasurer may establish credit for such
 
                            -3-                LRB9100791EGfg
 1    employment by  making  the  contributions  required  in  this
 2    Section.  An employee of the Department of Agriculture of the
 3    State of Illinois, who performed services for and  under  the
 4    supervision of that Department prior to June 1, 1963, but was
 5    compensated  for those services directly by federal funds and
 6    not paid by a warrant of the Auditor of Public Accounts  paid
 7    by  the  State  Treasurer,  and who did not contribute to any
 8    other public employee retirement system for such service, may
 9    establish  credit  for  such   employment   by   making   the
10    contributions required in this Section.
11        (g)  Any  employee  who  executed  a waiver of membership
12    within 60 days prior to January 1,  1944  may,  at  any  time
13    while  in  the service of a department, file with the board a
14    rescission of such waiver.   Upon  making  the  contributions
15    required  by  this  Section,  the member shall be granted the
16    creditable service that  would  have  been  received  if  the
17    waiver had not been executed.
18        (h)  Until May 1, 1990, an employee who was employed on a
19    full-time  basis  by  a  regional  planning commission for at
20    least 5 continuous years may establish creditable service for
21    such employment by making the  contributions  required  under
22    this  Section,  provided  that  any  credits  earned  by  the
23    employee  in  the  commission's  retirement  plan  have  been
24    terminated.
25        (i)  Any   person  who  rendered  full  time  contractual
26    services to the General Assembly as a member of a legislative
27    staff may establish service credit for up to 8 years of  such
28    services  by  making  the  contributions  required under this
29    Section, provided that application therefor is made not later
30    than July 1, 1991.
31        (j)  By paying the contributions otherwise required under
32    this Section, plus an amount determined by the  Board  to  be
33    equal  to  the  employer's  normal  cost  of the benefit plus
34    interest, an employee may  establish  service  credit  for  a
 
                            -4-                LRB9100791EGfg
 1    period  of up to 2 years spent in active military service for
 2    which he does not qualify for credit  under  Section  14-105,
 3    provided  that  (1)  he  was not dishonorably discharged from
 4    such military service, and (2) the amount of  service  credit
 5    established by a member under this subsection (j), when added
 6    to  the  amount  of  military  service  credit granted to the
 7    member under subsection (b)  of  Section  14-105,  shall  not
 8    exceed  5  years.   However, an employee establishing service
 9    credit under this subsection (j) need not pay interest on the
10    employer's normal cost  of  the  benefit  and  need  not  pay
11    interest  on the employee contribution that is required under
12    the first paragraph of this Section if  the  contribution  is
13    paid  to  the  System  on or after the effective date of this
14    amendatory Act of the 91st General Assembly and  before  July
15    1,  2000.   The  change  in  this  subsection  made  by  this
16    amendatory  Act of the 91st General Assembly does not entitle
17    any person to a refund of interest already paid to  establish
18    service credit under this subsection.
19        (k)  An employee who was employed on a full-time basis by
20    the   Illinois   State's   Attorneys   Association  Statewide
21    Appellate Assistance Service LEAA-ILEC grant project prior to
22    the time that project became the State's Attorneys  Appellate
23    Service  Commission,  now the Office of the State's Attorneys
24    Appellate Prosecutor, an  agency  of  State  government,  may
25    establish  creditable  service  for  not  more than 60 months
26    service for such employment by making contributions  required
27    under this Section.
28        (l)  By paying the contributions otherwise required under
29    this  Section,  plus  an amount determined by the Board to be
30    equal to the employer's  normal  cost  of  the  benefit  plus
31    interest,  a  member may establish service credit for periods
32    of less than one year spent on authorized  leave  of  absence
33    from  service, provided that (1) the period of leave began on
34    or after January 1, 1982 and (2) any  credit  established  by
 
                            -5-                LRB9100791EGfg
 1    the  member  for  the  period  of  leave  in any other public
 2    employee retirement system has been terminated.  A member may
 3    establish service credit under this subsection for more  than
 4    one  period  of  authorized leave, and in that case the total
 5    period of service credit established by the member under this
 6    subsection  may  exceed  one  year.    In   determining   the
 7    contributions  required for establishing service credit under
 8    this subsection, the interest shall be  calculated  from  the
 9    beginning of the leave of absence to the date of payment.
10        (m)  Any  person  who  rendered contractual services to a
11    member of the General Assembly as a worker  in  the  member's
12    district  office may establish creditable service for up to 3
13    years  of  those   contractual   services   by   making   the
14    contributions  required under this Section.  The System shall
15    determine a full-time salary equivalent for  the  purpose  of
16    calculating  the  required contribution.  To establish credit
17    under this subsection, the applicant must apply to the System
18    by March 1, 1998.
19        (n)  Any person who rendered contractual  services  to  a
20    member   of  the  General  Assembly  as  a  worker  providing
21    constituent services to persons in the member's district  may
22    establish  creditable  service  for  up  to  8 years of those
23    contractual services by  making  the  contributions  required
24    under  this  Section.  The System shall determine a full-time
25    salary equivalent for the purpose of calculating the required
26    contribution.  To establish credit under this subsection, the
27    applicant must apply to the System by March 1, 1998.
28        (o)  A  member   who   participated   in   the   Illinois
29    Legislative Staff Internship Program may establish creditable
30    service  for  up  to one year of that participation by making
31    the contribution required under this  Section.    The  System
32    shall determine a full-time salary equivalent for the purpose
33    of  calculating the required contribution.  Credit may not be
34    established under this subsection for any  period  for  which
 
                            -6-                LRB9100791EGfg
 1    service  credit  is  established under any other provision of
 2    this Code.
 3    (Source: P.A. 90-32,  eff.  6-27-97;  90-448,  eff.  8-16-97;
 4    90-511,  eff.  8-22-97;  90-655,  eff.  7-30-98; 90-766, eff.
 5    8-14-98.)

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

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