State of Illinois
92nd General Assembly
Legislation

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92_SB0143

 
                                               LRB9203366EGfg

 1        AN ACT in relation to public employee benefits.

 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    changing Section 17-134 as follows:

 6        (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
 7        Sec.  17-134.   Contributions  for  leaves  of   absence;
 8    military  service;  computing  service.  In computing service
 9    for pension purposes the following periods of  service  shall
10    stand  in  lieu of a like number of years of teaching service
11    upon payment therefor in the manner hereinafter provided: (a)
12    time spent on a leave sabbatical leaves of absence granted by
13    the employer, sick leaves or maternity or  paternity  leaves;
14    (b)  service  with  teacher or labor organizations based upon
15    special leaves of absence therefor granted  by  an  Employer;
16    (c) a maximum of 5 years spent in the military service of the
17    United  States,  of  which up to 2 years may have been served
18    outside  the  pension  period;  (d)  unused  sick   days   at
19    termination  of  service  to  a maximum of 244 days; (e) time
20    lost due to layoff and curtailment of the  school  term  from
21    June  6  through June 21, 1976; and (f) time spent after June
22    30, 1982 as a member of the Board of Education,  if  required
23    to  resign  from  an  administrative or teaching  position in
24    order to qualify as a member of the Board of Education.
25             (1)  For time spent on or after September 6, 1948 on
26        sabbatical leaves of absence or sick  leaves,  for  which
27        salaries   are  paid,  an  Employer  shall  make  payroll
28        deductions at the applicable rates in effect during  such
29        periods.
30             (2)  For time spent on a leave of absence granted by
31        the  employer  sabbatical or sick leaves commencing on or
 
                            -2-                LRB9203366EGfg
 1        after September 1, 1961, and for time spent on  maternity
 2        or  paternity  leaves,  for  which  no salaries are paid,
 3        teachers desiring credit therefor shall pay the  required
 4        contributions  at the rates in effect during such periods
 5        as though they were in teaching service.  If an  Employer
 6        pays  salary for vacations which occur during a teacher's
 7        sick  leave  or  maternity  or  paternity  leave  without
 8        salary, vacation pay for which  the  teacher  would  have
 9        qualified  while  in  active  service shall be considered
10        part of the teacher's total salary for pension  purposes.
11        No  more  than 36 12 months of sick leave or maternity or
12        paternity leave credit may be allowed any  person  during
13        the  entire  term  of  service.   Sabbatical leave credit
14        shall be limited to the time the person on leave  without
15        salary  under an Employer's rules is allowed to engage in
16        an activity for which he receives salary or compensation.
17             (3)  For time spent prior to September 6,  1948,  on
18        sabbatical  leaves  of  absence  or sick leaves for which
19        salaries were  paid,  teachers  desiring  service  credit
20        therefor  shall  pay  the  required  contributions at the
21        maximum applicable rates in effect during such periods.
22             (4)  For service with teacher or labor organizations
23        authorized by special leaves of  absence,  for  which  no
24        payroll  deductions  are  made  by  an Employer, teachers
25        desiring service credit therefor shall contribute to  the
26        Fund  upon  the  basis of the actual salary received from
27        such organizations at  the  percentage  rates  in  effect
28        during  such  periods  for  certified positions with such
29        Employer.  To the extent the actual  salary  exceeds  the
30        regular  salary,  which  shall  be  defined as the salary
31        rate, as calculated by  the  Board,  in  effect  for  the
32        teacher's   regular   position  in  teaching  service  on
33        September 1, 1983 or on the effective date of  the  leave
34        with   the   organization,   whichever   is   later,  the
 
                            -3-                LRB9203366EGfg
 1        organization shall pay to the Fund the employer's  normal
 2        cost as set by the Board on the increment.
 3             (5)  For   time   spent  in  the  military  service,
 4        teachers entitled to and desiring credit  therefor  shall
 5        contribute  the  amount required for each year of service
 6        or fraction thereof at the rates in force (a) at the date
 7        oF appointment, or (b) on return to teaching service as a
 8        regularly certified teacher, as the case may be; provided
 9        such rates shall not  be  less  than  $450  per  year  of
10        service.  These conditions shall apply unless an Employer
11        elects  to  and  does  pay into the Fund the amount which
12        would have been due from such person had he been employed
13        as a teacher during such time.  In the case of credit for
14        military service  not  during  the  pension  period,  the
15        teacher must also pay to the Fund an amount determined by
16        the  Board  to  be equal to the employer's normal cost of
17        the benefits accrued from  such  service,  plus  interest
18        thereon  at  5%  per  year, compounded annually, from the
19        date of appointment to the date of payment.
20             The changes to  this  Section  made  by  Public  Act
21        87-795  shall  apply  not only to persons who on or after
22        its effective date are in service  under  the  Fund,  but
23        also  to  persons  whose  status  as a teacher terminated
24        prior to that date, whether  or  not  the  person  is  an
25        annuitant  on that date.  In the case of an annuitant who
26        applies for credit allowable under  this  Section  for  a
27        period  of  military  service  that  did  not immediately
28        follow  employment,  and  who  has  made   the   required
29        contributions  for  such  credit,  the  annuity  shall be
30        recalculated to include the  additional  service  credit,
31        with  the  increase  taking  effect  on the date the Fund
32        received written notification of the  annuitant's  intent
33        to  purchase  the  credit, if payment of all the required
34        contributions is made within 60 days of such  notice,  or
 
                            -4-                LRB9203366EGfg
 1        else on the first annuity payment date following the date
 2        of payment of the required contributions.  In calculating
 3        the  automatic  annual  increase  for an annuity that has
 4        been  recalculated  under  this  Section,  the   increase
 5        attributable  to  the  additional service allowable under
 6        this amendatory Act of 1991  shall  be  included  in  the
 7        calculation  of automatic annual increases accruing after
 8        the effective date of the recalculation.
 9             The total credit  for  military  service  shall  not
10        exceed  5  years,  except that any teacher who on July 1,
11        1963, had validated credit  for  more  than  5  years  of
12        military service shall be entitled to the total amount of
13        such credit.
14             (6)  A  maximum  of 244 unused sick days credited to
15        his account by an Employer on the date of termination  of
16        employment.   Members,  upon  verification of unused sick
17        days, may add  this  service  time  to  total  creditable
18        service.
19             (7)  In  all  cases  where  time  spent  on leave is
20        creditable and no payroll deductions therefor are made by
21        an Employer, persons desiring service credit  shall  make
22        the required contributions directly to the Fund.
23             (8)  For  time  lost  without  pay due to layoff and
24        curtailment of the school term from June 6  through  June
25        21,  1976, as provided in item (e) of the first paragraph
26        of this Section, persons who  were  contributors  on  the
27        days  immediately  preceding  such  layoff  shall receive
28        credit upon paying to the Fund a  contribution  based  on
29        the  rates  of compensation and employee contributions in
30        effect at the time  of  such  layoff,  together  with  an
31        additional  amount  equal  to  12.2%  of the compensation
32        computed for such period of layoff, plus interest on  the
33        entire amount at 5% per annum from January 1, 1978 to the
34        date  of  payment.   If such contribution is paid, salary
 
                            -5-                LRB9203366EGfg
 1        for pension purposes for any year in which such a  layoff
 2        occurred  shall  include  the compensation recognized for
 3        purposes of computing that contribution.
 4             (9)  For time  spent  after  June  30,  1982,  as  a
 5        nonsalaried member of the Board of Education, if required
 6        to  resign from an administrative or teaching position in
 7        order to qualify as a member of the Board  of  Education,
 8        an  administrator  or  teacher  desiring  credit therefor
 9        shall pay the required contributions  at  the  rates  and
10        salaries  in  effect  during  such  periods as though the
11        member were in service.
12        Effective September 1, 1974,  the  interest  charged  for
13    validation of service described in paragraphs (2) through (5)
14    of  this Section shall be compounded annually at a rate of 5%
15    commencing one year after the termination  of  the  leave  or
16    return to service.
17    (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)

18        Section  90.  The State Mandates Act is amended by adding
19    Section 8.25 as follows:

20        (30 ILCS 805/8.25 new)
21        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
22    and  8 of this Act, no reimbursement by the State is required
23    for  the  implementation  of  any  mandate  created  by  this
24    amendatory Act of the 92nd General Assembly.

25        Section 99. Effective date.  This Act takes  effect  upon
26    becoming law.

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