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92_SB0525 LRB9207498EGfg 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 18-112 as follows: 6 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112) 7 Sec. 18-112. Service. "Service": The period beginning 8 on the day a person first became a judge, whether prior or 9 subsequent to the effective date, and ending on the date 10 under consideration, excluding all intervening periods during 11 which he or she was not a judge following resignation or 12 expiration of any term of election or appointment. 13 Service also includes the following: 14 (a) Any period prior to January 1, 1964 during which a 15 judge served as a justice of the peace, police magistrate or 16 master in chancery, or as a civil referee, commissioner or 17 trial assistant to the chief judge in the Municipal Court of 18 Chicago, or performed judicial duties as an assistant to the 19 judge of the Probate Court of Cook County. A judge shall be 20 entitled to credit for all or as much as the judge may desire 21 of such service, not exceeding 8 years, upon payment of the 22 participant's contribution covering such service at the 23 contribution rates in effect on July 1, 1969, together with 24 interest at 4% per annum compounded annually, from the dates 25 the service was rendered to the date of payment, provided 26 credit for such service had not been granted in any public 27 pension fund or retirement system in the State. The required 28 contributions shall be based upon the rate of salary in 29 effect for the judge on the date he or she entered the system 30 or on January 1, 1964, whichever is later. 31 (b) Service rendered after January 1, 1964, as a -2- LRB9207498EGfg 1 holdover magistrate or master in chancery of the Circuit 2 Court. A judge shall be entitled to credit for any period of 3 such service, not exceeding a total of 8 years, together with 4 the period of service taken into account in paragraph (a). 5 Service credit under this paragraph is subject to the same 6 contribution requirements and other limitations that are 7 prescribed for service credit under paragraph (a). 8 (c) Any period that a participant served as a member of 9 the General Assembly, subject to the following conditions: 10 (1) He or she has been a participant in this system 11 for at least 4 years and has contributed to the system 12 for service rendered as a member of the General Assembly 13 subsequent to November 1, 1941, at the contribution rates 14 in effect for a judge on the date of becoming a 15 participant, including interest at 3% per annum 16 compounded annually from the date such service was 17 rendered to the date of payment, based on the salary in 18 effect during such period of service; and 19 (2) The participant is not entitled to credit for 20 such service in any other public retirement system in the 21 State. 22 (d) Any period a participant served as a judge or 23 commissioner of the Court of Claims of this State after 24 November 1, 1941, provided he or she contributes to the 25 system at the contribution rates in effect on the date of 26 becoming a participant, based on salary received during such 27 service, including interest at 3% per annum compounded 28 annually from the date such service was rendered to the date 29 of payment. 30 (e) Any period that a participant served as State's 31 Attorney or Public Defender of any county of this State, 32 subject to the following conditions: (1) such service was not 33 credited under any public pension fund or retirement system; 34 (2) the maximum service to be credited in this system shall -3- LRB9207498EGfg 1 be 8 years; (3) the participant must have at least 6 years of 2 service as a judge and as a participant of this system; and 3 (4) the participant has made contributions to the system for 4 such service at the contribution rates in effect on the date 5 of becoming a participant in this system based upon the 6 salary of the judge on such date, including interest at 4% 7 per annum compounded annually from such date to the date of 8 payment. 9 A judge who terminated service before January 26, 1988 10 and whose retirement annuity began after January 1, 1988 may 11 establish credit for service as a Public Defender in 12 accordance with the other provisions of this subsection by 13 making application and paying the required contributions to 14 the Board not later than 30 days after August 23, 1989. In 15 such cases, the Board shall recalculate the retirement 16 annuity, effective on the first day of the next calendar 17 month beginning at least 30 days after the application is 18 received. 19 (e-1) Any period of full-time employment by the federal 20 government for which the participant does not qualify for 21 credit under any other provision of this Article, subject to 22 the following conditions: (1) any credit that the participant 23 received for that employment in any other public employee 24 pension fund or retirement system has been terminated or 25 relinquished; (2) the maximum period of service that may be 26 credited under this subsection is 3 years; (3) the 27 participant must have at least 8 years of service as a judge 28 and as a participant of this System; and (4) the participant 29 must make contributions to the System for the service to be 30 established, at the contribution rate in effect for judges on 31 the date of becoming a participant in this System, based upon 32 the salary of the judge on that date, and including interest 33 at 4% per annum compounded annually from that date to the 34 date of payment. -4- LRB9207498EGfg 1 (f) Any period as a participating policeman, employee or 2 teacher under Article 5, 14 or 16 of this Code, subject to 3 the following conditions: (1) the credits accrued under 4 Article 5, 14 or 16 have been transferred to this system; and 5 (2) the participant has contributed to the system an amount 6 equal to (A) contributions at the rate in effect for 7 participants at the date of membership in this system based 8 upon the salary of the judge on such date, (B) the employer's 9 share of the normal cost under this system for each year that 10 credit is being established, based on the salary in effect at 11 the date of membership in this system, and (C) interest at 6% 12 per annum, compounded annually, from the date of membership 13 to the date of payment; less (D) the amount transferred on 14 behalf of the participant from Article 5, 14 or 16. 15 (g) Any period that a participant served as the 16 Administrative Director of the Circuit Court of Cook County, 17 as Executive Director of the Home Rule Commission, as 18 assistant corporation counsel in the Chicago Law Department, 19 or as an employee of the Cook County Treasurer, subject to 20 the following conditions: (1) the maximum amount of such 21 service which may be credited is 10 years; (2) in order to 22 qualify for such credit in this system, a judge must have at 23 least 6 years of service as a judge and participant of this 24 system; (3) the last 6 years of service credited in this 25 system shall be as a judge and a participant in this system; 26 (4) credits accrued to the participant under any other public 27 pension fund or public retirement system in the State, if 28 any, by reason of the service to be established under this 29 paragraph (g) has been transferred to this system; and (5) 30 the participant has contributed to this system the amount, if 31 any, by which the amount transferred pursuant to subdivision 32 (4) of this paragraph, if any, is less than the amount which 33 the participant would have contributed to the system during 34 the period of time being counted as service under this -5- LRB9207498EGfg 1 paragraph had the participant been a judge participating in 2 this system during that time, based on the rate of 3 contribution in effect and the salary earned by the 4 participant on the date he or she became a participant, with 5 interest accruing on such deficiency at a rate of 5% per 6 annum from the date he or she became a participant through 7 the date on which such deficiency is paid. 8 (h) Any period that a participant served as a full-time 9 attorney employed by the Chicago Transit Authority created by 10 the Metropolitan Transit Authority Act, subject to the 11 following conditions: (1) any credit received for such 12 service in the pension fund established under Section 22-101 13 has been terminated; (2) the maximum amount of such service 14 to be credited in this system shall be 10 years; (3) the 15 participant must have at least 6 years of service as a judge 16 and as a participant of this system; and (4) the participant 17 has made contributions to the system for such service at the 18 contribution rates in effect on the date of becoming a 19 participant in this system based upon the salary of the judge 20 on such date, including interest at 5% per annum compounded 21 annually from such date to the date of payment. 22 (i) Any period during which a participant received 23 temporary total disability benefit payments, as provided in 24 Section 18-126.1. 25 Service during a fraction of a month shall be considered 26 a month of service, but no more than one month of service 27 shall be credited for all service during any calendar month. 28 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.
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