State of Illinois
91st General Assembly
Legislation

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91_SB0831

 
                                               LRB9106003EGfg

 1        AN ACT to amend the Illinois Pension Code.

 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    adding  Section  2-117.4  and  changing  Section  14-105.1 as
 6    follows:

 7        (40 ILCS 5/2-117.4 new)
 8        Sec.  2-117.4.   Retransfer  of  creditable  service   to
 9    Article  14  system.    If  a  person  transferred creditable
10    service to this System under Section 14-105.1 between January
11    1, 1990 and February 1, 1991, and that transfer  resulted  in
12    the  person  having  excess  service  not established in this
13    System, the person may elect to transfer that excess  service
14    back  into  the Article 14 retirement system.  Application to
15    transfer excess service under this Section must  be  made  to
16    the Board in writing within 6 months after the effective date
17    of  this  Section.   The  amount  of  excess  service  to  be
18    retransferred  shall  be calculated by multiplying the number
19    of years of service transferred from the  Article  14  system
20    under  Section  14-105.1  by  a  fraction, the denominator of
21    which is the total employee contribution (including interest)
22    transferred to this System under  Section  14-105.1  and  the
23    numerator of which is the amount of that transferred employee
24    contribution not used to establish service in this System.
25        At  the  time  of  the  retransfer, the System shall also
26    transfer to the State Employees' Retirement System an amount,
27    calculated  by  the  Board,  equal  to   (i)   the   employee
28    contributions   (including   interest),  if  any,  that  were
29    transferred to this System by  the  applicant  under  Section
30    14-105.1  and  not  used  to  establish  service  under  this
31    Article,  plus (ii) regular interest on those unused employee
 
                            -2-                LRB9106003EGfg
 1    contributions from the date of  the  transfer  under  Section
 2    14-105.1 to the date of the retransfer under this Section.

 3        (40 ILCS 5/14-105.1) (from Ch. 108 1/2, par. 14-105.1)
 4        Sec.  14-105.1.  Transfer  and  reinstatement  by General
 5    Assembly member.
 6        (a) Any active (and until February 1, 1993,  any  former)
 7    member  of  the  General Assembly Retirement System may apply
 8    for  transfer  of  his   credits   and   creditable   service
 9    accumulated  under this System to the General Assembly System
10    or a Fund established under Article 5 or  12  of  this  Code.
11    Such  credits  and  creditable  service  shall be transferred
12    forthwith.  Payment by this System to  the  General  Assembly
13    Retirement  System or the Fund established under Article 5 or
14    12 shall be made at the same time and shall consist of:
15             (1)  the amounts accumulated to the  credit  of  the
16        applicant,  including  regular  interest, on the books of
17        the System on the date of transfer; and
18             (2)  employer contributions in an  amount  equal  to
19        the  amount  of  member contributions as determined under
20        subparagraph (1).
21    Participation in this System as to  any  credits  transferred
22    under this Section shall terminate on the date of transfer.
23        (b)  An  active  (and  until  February 1, 1993, a former)
24    member of the General Assembly who has  service  credits  and
25    creditable  service under the System may establish additional
26    service credits and creditable  service  for  periods  during
27    which  he  was  an elected official and could have elected to
28    participate but  did  not  so  elect.   Service  credits  and
29    creditable  service  may  be  established  by  payment to the
30    System of an amount equal to the contributions he would  have
31    made  if he had elected to participate, plus regular interest
32    to the date of payment.
33        (c)  An active (and until February  1,  1993,  a  former)
 
                            -3-                LRB9106003EGfg
 1    member   of   the  General  Assembly  Retirement  System  may
 2    reinstate service and service credits terminated upon receipt
 3    of a separation benefit, by payment  to  the  System  of  the
 4    amount  of  the  separation  benefit  plus  regular  interest
 5    thereon to the date of payment.
 6        (d)  An  active  member  of  this  System  may  reinstate
 7    creditable  service  that  was terminated upon transfer under
 8    subsection (a) and has been retransferred back to this System
 9    under Section 2-117.4 of this Code by applying to the  System
10    in  writing  within 6 months after the effective date of this
11    amendatory Act of the 91st General Assembly and paying to the
12    System an amount to be determined by the Board, equal to  (1)
13    the  difference  between  the amount of employee and employer
14    contributions for that service as defined in this Section and
15    the amount repaid to this System under Section 2-117.4,  plus
16    (2) regular interest thereon from the date of the transfer to
17    the  Article  2  system  under  this  Section  to the date of
18    payment.
19    (Source: P.A. 86-27; 86-273; 86-1028; 86-1488; 87-794.)

20        Section 99. Effective date.  This Act takes  effect  upon
21    becoming law.

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