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91_SB0362
LRB9101032EGfg
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 cover the period of service to be
13 granted. Except as otherwise provided in this Section, the
14 contributions shall be based upon the applicant's employee's
15 compensation and contribution rate in effect on the date he
16 or she last became a member of the System; provided that for
17 all employment prior to January 1, 1969, the contribution
18 rate shall be that in effect for a noncovered employee on the
19 date he last became a member of the System. Except as
20 otherwise provided in this Section, contributions permitted
21 under this Section shall include regular interest from the
22 date the applicant an employee last became a member of the
23 System to the date of payment.
24 These contributions must be paid in full before
25 retirement either in a lump sum or in installment payments in
26 accordance with such rules as may be adopted by the board.
27 (a) Any member may make contributions as required in
28 this Section for any period of service, subsequent to the
29 date of establishment, but prior to the date of membership.
30 (b) Any member employee who had been previously excluded
31 from membership because of age at entry and subsequently
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1 became eligible may elect to make contributions as required
2 in this Section for the period of service during which the
3 member he was ineligible.
4 (c) An employee of the Department of Insurance who,
5 after January 1, 1944 but prior to becoming eligible for
6 membership, received salary from funds of insurance companies
7 in the process of rehabilitation, liquidation, conservation
8 or dissolution, may elect to make contributions as required
9 in this Section for such service.
10 (d) Any member employee who rendered service in a State
11 office to which he or she was elected, or rendered service in
12 the elective office of Clerk of the Appellate Court prior to
13 the date he or she became a member, may make contributions
14 for such service as required in this Section. Any member who
15 served by appointment of the Governor under the Civil
16 Administrative Code of Illinois and did not participate in
17 this System may make contributions as required in this
18 Section for such service.
19 (e) Any person employed by the United States government
20 or any instrumentality or agency thereof from January 1, 1942
21 through November 15, 1946 as the result of a transfer from
22 State service by executive order of the President of the
23 United States shall be entitled to prior service credit
24 covering the period from January 1, 1942 through December 31,
25 1943 as provided for in this Article and to membership
26 service credit for the period from January 1, 1944 through
27 November 15, 1946 by making the contributions required in
28 this Section. A person so employed on January 1, 1944 but
29 whose employment began after January 1, 1942 may qualify for
30 prior service and membership service credit under the same
31 conditions.
32 (f) An employee of the Department of Labor of the State
33 of Illinois who performed services for and under the
34 supervision of that Department prior to January 1, 1944 but
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1 who was compensated for those services directly by federal
2 funds and not by a warrant of the Auditor of Public Accounts
3 paid by the State Treasurer may establish credit for such
4 employment by making the contributions required in this
5 Section. An employee of the Department of Agriculture of the
6 State of Illinois, who performed services for and under the
7 supervision of that Department prior to June 1, 1963, but was
8 compensated for those services directly by federal funds and
9 not paid by a warrant of the Auditor of Public Accounts paid
10 by the State Treasurer, and who did not contribute to any
11 other public employee retirement system for such service, may
12 establish credit for such employment by making the
13 contributions required in this Section.
14 (g) Any employee who executed a waiver of membership
15 within 60 days prior to January 1, 1944 may, at any time
16 while in the service of a department, file with the board a
17 rescission of such waiver. Upon making the contributions
18 required by this Section, the member shall be granted the
19 creditable service that would have been received if the
20 waiver had not been executed.
21 (h) Until May 1, 1990, an employee who was employed on a
22 full-time basis by a regional planning commission for at
23 least 5 continuous years may establish creditable service for
24 such employment by making the contributions required under
25 this Section, provided that any credits earned by the
26 employee in the commission's retirement plan have been
27 terminated.
28 (i) Any person who rendered full time contractual
29 services to the General Assembly as a member of a legislative
30 staff may establish service credit for up to 8 years of such
31 services by making the contributions required under this
32 Section, provided that application therefor is made not later
33 than July 1, 1991.
34 (j) By paying the contributions otherwise required under
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1 this Section, plus an amount determined by the Board to be
2 equal to the employer's normal cost of the benefit plus
3 interest, a member an employee may establish service credit
4 for a period of up to 2 years spent in active military
5 service for which he or she does not qualify for credit under
6 Section 14-105, provided that (1) the member he was not
7 dishonorably discharged from such military service, and (2)
8 the amount of service credit established by the a member
9 under this subsection (j), when added to the amount of
10 military service credit granted to the member under
11 subsection (b) of Section 14-105, shall not exceed 5 years.
12 (k) A member An employee who was employed on a full-time
13 basis by the Illinois State's Attorneys Association Statewide
14 Appellate Assistance Service LEAA-ILEC grant project prior to
15 the time that project became the State's Attorneys Appellate
16 Service Commission, now the Office of the State's Attorneys
17 Appellate Prosecutor, an agency of State government, may
18 establish creditable service for not more than 60 months
19 service for such employment by making contributions required
20 under this Section.
21 (l) By paying the contributions otherwise required under
22 this Section, plus an amount determined by the Board to be
23 equal to the employer's normal cost of the benefit plus
24 interest, a member may establish service credit for periods
25 of less than one year spent on authorized leave of absence
26 from service, provided that (1) the period of leave began on
27 or after January 1, 1982 and (2) any credit established by
28 the member for the period of leave in any other public
29 employee retirement system has been terminated. A member may
30 establish service credit under this subsection for more than
31 one period of authorized leave, and in that case the total
32 period of service credit established by the member under this
33 subsection may exceed one year. In determining the
34 contributions required for establishing service credit under
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1 this subsection, the interest shall be calculated from the
2 beginning of the leave of absence to the date of payment.
3 (m) Any person who rendered contractual services to a
4 member of the General Assembly as a worker in the member's
5 district office may establish creditable service for up to 3
6 years of those contractual services by making the
7 contributions required under this Section. The System shall
8 determine a full-time salary equivalent for the purpose of
9 calculating the required contribution. To establish credit
10 under this subsection, the applicant must apply to the System
11 by March 1, 1998.
12 (n) Any person who rendered contractual services to a
13 member of the General Assembly as a worker providing
14 constituent services to persons in the member's district may
15 establish creditable service for up to 8 years of those
16 contractual services by making the contributions required
17 under this Section. The System shall determine a full-time
18 salary equivalent for the purpose of calculating the required
19 contribution. To establish credit under this subsection, the
20 applicant must apply to the System by March 1, 1998.
21 (o) A member who participated in the Illinois
22 Legislative Staff Internship Program may establish creditable
23 service for up to one year of that participation by making
24 the contribution required under this Section. The System
25 shall determine a full-time salary equivalent for the purpose
26 of calculating the required contribution. Credit may not be
27 established under this subsection for any period for which
28 service credit is established under any other provision of
29 this Code.
30 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
31 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff.
32 8-14-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.