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91_SB1235 LRB9106764EGfg 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. Except as otherwise provided in this Section, the 14 contributions shall be based upon the applicant's employee's15 compensation and contribution rate in effect on the date he 16 or she last became a member of the System; provided thatfor 17 all employment prior to January 1, 1969, the contribution 18 rate shall be that in effect for a noncovered employee on the19 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 employeelast 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 With respect only to service established under this 31 subdivision (a), if application and payment in full are made -2- LRB9106764EGfg 1 on or after the effective date of this amendatory Act of the 2 91st General Assembly and before January 1, 2001, the payment 3 of interest is not required. 4 (b) Any employee who had been previously excluded from 5 membership because of age at entry and subsequently became 6 eligible may elect to make contributions as required in this 7 Section for the period of service during which he was 8 ineligible. 9 (c) An employee of the Department of Insurance who, 10 after January 1, 1944 but prior to becoming eligible for 11 membership, received salary from funds of insurance companies 12 in the process of rehabilitation, liquidation, conservation 13 or dissolution, may elect to make contributions as required 14 in this Section for such service. 15 (d) Any employee who rendered service in a State office 16 to which he was elected, or rendered service in the elective 17 office of Clerk of the Appellate Court prior to the date he 18 became a member, may make contributions for such service as 19 required in this Section. Any member who served by 20 appointment of the Governor under the Civil Administrative 21 Code of Illinois and did not participate in this System may 22 make contributions as required in this Section for such 23 service. 24 (e) Any person employed by the United States government 25 or any instrumentality or agency thereof from January 1, 1942 26 through November 15, 1946 as the result of a transfer from 27 State service by executive order of the President of the 28 United States shall be entitled to prior service credit 29 covering the period from January 1, 1942 through December 31, 30 1943 as provided for in this Article and to membership 31 service credit for the period from January 1, 1944 through 32 November 15, 1946 by making the contributions required in 33 this Section. A person so employed on January 1, 1944 but 34 whose employment began after January 1, 1942 may qualify for -3- LRB9106764EGfg 1 prior service and membership service credit under the same 2 conditions. 3 (f) An employee of the Department of Labor of the State 4 of Illinois who performed services for and under the 5 supervision of that Department prior to January 1, 1944 but 6 who was compensated for those services directly by federal 7 funds and not by a warrant of the Auditor of Public Accounts 8 paid by the State Treasurer may establish credit for such 9 employment by making the contributions required in this 10 Section. An employee of the Department of Agriculture of the 11 State of Illinois, who performed services for and under the 12 supervision of that Department prior to June 1, 1963, but was 13 compensated for those services directly by federal funds and 14 not paid by a warrant of the Auditor of Public Accounts paid 15 by the State Treasurer, and who did not contribute to any 16 other public employee retirement system for such service, may 17 establish credit for such employment by making the 18 contributions required in this Section. 19 (g) Any employee who executed a waiver of membership 20 within 60 days prior to January 1, 1944 may, at any time 21 while in the service of a department, file with the board a 22 rescission of such waiver. Upon making the contributions 23 required by this Section, the member shall be granted the 24 creditable service that would have been received if the 25 waiver had not been executed. 26 (h) Until May 1, 1990, an employee who was employed on a 27 full-time basis by a regional planning commission for at 28 least 5 continuous years may establish creditable service for 29 such employment by making the contributions required under 30 this Section, provided that any credits earned by the 31 employee in the commission's retirement plan have been 32 terminated. 33 (i) Any person who rendered full time contractual 34 services to the General Assembly as a member of a legislative -4- LRB9106764EGfg 1 staff may establish service credit for up to 8 years of such 2 services by making the contributions required under this 3 Section, provided that application therefor is made not later 4 than July 1, 1991. 5 (j) By paying the contributions otherwise required under 6 this Section, plus an amount determined by the Board to be 7 equal to the employer's normal cost of the benefit plus 8 interest, an employee may establish service credit for a 9 period of up to 2 years spent in active military service for 10 which he does not qualify for credit under Section 14-105, 11 provided that (1) he was not dishonorably discharged from 12 such military service, and (2) the amount of service credit 13 established by a member under this subsection (j), when added 14 to the amount of military service credit granted to the 15 member under subsection (b) of Section 14-105, shall not 16 exceed 5 years. 17 (k) An employee who was employed on a full-time basis by 18 the Illinois State's Attorneys Association Statewide 19 Appellate Assistance Service LEAA-ILEC grant project prior to 20 the time that project became the State's Attorneys Appellate 21 Service Commission, now the Office of the State's Attorneys 22 Appellate Prosecutor, an agency of State government, may 23 establish creditable service for not more than 60 months 24 service for such employment by making contributions required 25 under this Section. 26 (l) By paying the contributions otherwise required under 27 this Section, plus an amount determined by the Board to be 28 equal to the employer's normal cost of the benefit plus 29 interest, a member may establish service credit for periods 30 of less than one year spent on authorized leave of absence 31 from service, provided that (1) the period of leave began on 32 or after January 1, 1982 and (2) any credit established by 33 the member for the period of leave in any other public 34 employee retirement system has been terminated. A member may -5- LRB9106764EGfg 1 establish service credit under this subsection for more than 2 one period of authorized leave, and in that case the total 3 period of service credit established by the member under this 4 subsection may exceed one year. In determining the 5 contributions required for establishing service credit under 6 this subsection, the interest shall be calculated from the 7 beginning of the leave of absence to the date of payment. 8 (m) Any person who rendered contractual services to a 9 member of the General Assembly as a worker in the member's 10 district office may establish creditable service for up to 3 11 years of those contractual services by making the 12 contributions required under this Section. The System shall 13 determine a full-time salary equivalent for the purpose of 14 calculating the required contribution. To establish credit 15 under this subsection, the applicant must apply to the System 16 by March 1, 1998. 17 (n) Any person who rendered contractual services to a 18 member of the General Assembly as a worker providing 19 constituent services to persons in the member's district may 20 establish creditable service for up to 8 years of those 21 contractual services by making the contributions required 22 under this Section. The System shall determine a full-time 23 salary equivalent for the purpose of calculating the required 24 contribution. To establish credit under this subsection, the 25 applicant must apply to the System by March 1, 1998. 26 (o) A member who participated in the Illinois 27 Legislative Staff Internship Program may establish creditable 28 service for up to one year of that participation by making 29 the contribution required under this Section. The System 30 shall determine a full-time salary equivalent for the purpose 31 of calculating the required contribution. Credit may not be 32 established under this subsection for any period for which 33 service credit is established under any other provision of 34 this Code. -6- LRB9106764EGfg 1 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97; 2 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff. 3 8-14-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.
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