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91_SB1049
LRB9101875EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 9-219 and to amend the State Mandates Act.
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 9-219 as follows:
7 (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
8 Sec. 9-219. Computation of service.
9 (1) In computing the term of service of an employee
10 prior to the effective date, the entire period beginning on
11 the date he was first appointed and ending on the day before
12 the effective date, except any intervening period during
13 which he was separated by withdrawal from service, shall be
14 counted for all purposes of this Article.
15 (2) In computing the term of service of any employee on
16 or after the effective date, the following periods of time
17 shall be counted as periods of service for age and service,
18 widow's and child's annuity purposes:
19 (a) The time during which he performed the duties
20 of his position.
21 (b) Vacations, leaves of absence with whole or part
22 pay, and leaves of absence without pay not longer than 90
23 days.
24 (c) For an employee who is a member of a county
25 police department or a correctional officer with the
26 county department of corrections, approved leaves of
27 absence without pay during which the employee serves as a
28 full-time officer or employee head of an employee
29 association, the membership of which consists of other
30 participants in the Fund police officers, provided that
31 the employee contributes to the Fund (1) the amount that
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1 he would have contributed had he remained an active
2 employee member of the county police department in the
3 position he occupied at the time the leave of absence was
4 granted, (2) an amount calculated by the Board
5 representing employer contributions, and (3) regular
6 interest thereon from the date of service to the date of
7 payment. However, if the employee's application to
8 establish credit under this subsection is received by the
9 Fund on or after January 1, 2000 and before July 1, 2000,
10 the amount representing employer contributions specified
11 in item (2) shall be waived.
12 For a former member of a county police department
13 who has received a refund under Section 9-164, periods
14 during which the employee serves as head of an employee
15 association, the membership of which consists of other
16 police officers, provided that the employee contributes
17 to the Fund (1) the amount that he would have contributed
18 had he remained an active member of the county police
19 department in the position he occupied at the time he
20 left service, (2) an amount calculated by the Board
21 representing employer contributions, and (3) regular
22 interest thereon from the date of service to the date of
23 payment. However, if the former member of the county
24 police department retires on or after January 1, 1993 but
25 no later than March 1, 1993, the amount representing
26 employer contributions specified in item (2) shall be
27 waived.
28 (d) Any period of disability for which he received
29 disability benefit or whole or part pay.
30 (e) Accumulated vacation or other time for which an
31 employee who retires on or after November 1, 1990
32 receives a lump sum payment at the time of retirement,
33 provided that contributions were made to the fund at the
34 time such lump sum payment was received. The service
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1 granted for the lump sum payment shall not change the
2 employee's date of withdrawal for computing the effective
3 date of the annuity.
4 (f) An employee may receive service credit for
5 annuity purposes for accumulated sick leave as of the
6 date of the employee's withdrawal from service, not to
7 exceed a total of 180 days, provided that the amount of
8 such accumulated sick leave is certified by the County
9 Comptroller to the Board and the employee pays an amount
10 equal to 8.5% (9% for members of the County Police
11 Department who are eligible to receive an annuity under
12 Section 9-128.1) of the amount that would have been paid
13 had such accumulated sick leave been paid at the
14 employee's final rate of salary. Such payment shall be
15 made within 30 days after the date of withdrawal and
16 prior to receipt of the first annuity check. The service
17 credit granted for such accumulated sick leave shall not
18 change the employee's date of withdrawal for the purpose
19 of computing the effective date of the annuity.
20 (3) In computing the term of service of an employee on
21 or after the effective date for ordinary disability benefit
22 purposes, the following periods of time shall be counted as
23 periods of service:
24 (a) Unless otherwise specified in Section 9-157,
25 the time during which he performed the duties of his
26 position.
27 (b) Paid vacations and leaves of absence with whole
28 or part pay.
29 (c) Any period for which he received duty
30 disability benefit.
31 (d) Any period of disability for which he received
32 whole or part pay.
33 (4) For an employee who on January 1, 1958, was
34 transferred by Act of the 70th General Assembly from his
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1 position in a department of welfare of any city located in
2 the county in which this Article is in force and effect to a
3 similar position in a department of such county, service
4 shall also be credited for ordinary disability benefit and
5 child's annuity for such period of department of welfare
6 service during which period he was a contributor to a
7 statutory annuity and benefit fund in such city and for which
8 purposes service credit would otherwise not be credited by
9 virtue of such involuntary transfer.
10 (5) An employee described in subsection (e) of Section
11 9-108 shall receive credit for child's annuity and ordinary
12 disability benefit for the period of time for which he was
13 credited with service in the fund from which he was
14 involuntarily separated through class or group transfer;
15 provided, that no such credit shall be allowed to the extent
16 that it results in a duplication of credits or benefits, and
17 neither shall such credit be allowed to the extent that it
18 was or may be forfeited by the application for and acceptance
19 of a refund from the fund from which the employee was
20 transferred.
21 (6) Overtime or extra service shall not be included in
22 computing service. Not more than 1 year of service shall be
23 allowed for service rendered during any calendar year.
24 (Source: P.A. 86-1488; 87-794; 87-1265.)
25 Section 90. The State Mandates Act is amended by adding
26 Section 8.23 as follows:
27 (30 ILCS 805/8.23 new)
28 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
29 and 8 of this Act, no reimbursement by the State is required
30 for the implementation of any mandate created by this
31 amendatory Act of the 91st General Assembly.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.