Public Act 093-1069
 
SB3199 Enrolled LRB093 21130 RCE 47185 b

    AN ACT in relation to State employees.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Sections 14-103.05 and 18-127 and by adding Section 1-123 as
follows:
 
    (40 ILCS 5/1-123 new)
    Sec. 1-123. Service as legal counsel. Notwithstanding any
provision in this Code to the contrary, if a person is a
participant under Article 18 and files a written election by
July 1, 2005 with the Judges Retirement System of Illinois,
then that person may serve either as legal counsel in the
Office of the Governor or as Chief Deputy Attorney General and
(A) no retirement annuity or other benefit of that person under
Article 18 is subject to forfeiture, diminishment, suspension,
or other impairment solely by virtue of that service and (B)
that person does not participate in any pension fund or
retirement system under this Code with respect to that service.
This Section applies without regard to whether the person is in
active service under Article 18 of this Code on or after the
effective date of this amendatory Act of the 93rd General
Assembly.
 
    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
    Sec. 14-103.05. Employee.
    (a) Any person employed by a Department who receives salary
for personal services rendered to the Department on a warrant
issued pursuant to a payroll voucher certified by a Department
and drawn by the State Comptroller upon the State Treasurer,
including an elected official described in subparagraph (d) of
Section 14-104, shall become an employee for purpose of
membership in the Retirement System on the first day of such
employment.
    A person entering service on or after January 1, 1972 and
prior to January 1, 1984 shall become a member as a condition
of employment and shall begin making contributions as of the
first day of employment.
    A person entering service on or after January 1, 1984
shall, upon completion of 6 months of continuous service which
is not interrupted by a break of more than 2 months, become a
member as a condition of employment. Contributions shall begin
the first of the month after completion of the qualifying
period.
    The qualifying period of 6 months of service is not
applicable to: (1) a person who has been granted credit for
service in a position covered by the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, the General Assembly Retirement System, or the
Judges Retirement System of Illinois unless that service has
been forfeited under the laws of those systems; (2) a person
entering service on or after July 1, 1991 in a noncovered
position; or (3) a person to whom Section 14-108.2a or
14-108.2b applies.
    (b) The term "employee" does not include the following:
        (1) members of the State Legislature, and persons
    electing to become members of the General Assembly
    Retirement System pursuant to Section 2-105;
        (2) incumbents of offices normally filled by vote of
    the people;
        (3) except as otherwise provided in this Section, any
    person appointed by the Governor with the advice and
    consent of the Senate unless that person elects to
    participate in this system;
        (3.1) any person serving as a commissioner of an ethics
    commission created under the State Officials and Employees
    Ethics Act unless that person elects to participate in this
    system with respect to that service as a commissioner;
        (3.2) any person serving as a part-time employee in any
    of the following positions: Legislative Inspector General,
    Special Legislative Inspector General, employee of the
    Office of the Legislative Inspector General, Executive
    Director of the Legislative Ethics Commission, or staff of
    the Legislative Ethics Commission, regardless of whether
    he or she is in active service on or after July 8, 2004
    (the effective date of Public Act 93-685) this amendatory
    Act of the 93rd General Assembly, unless that person elects
    to participate in this System with respect to that service;
    in this item (3.2), a "part-time employee" is a person who
    is not required to work at least 35 hours per week;
        (3.3) any person who has made an election under Section
    1-123 and who is serving either as legal counsel in the
    Office of the Governor or as Chief Deputy Attorney General;
        (4) except as provided in Section 14-108.2 or
    14-108.2c, any person who is covered or eligible to be
    covered by the Teachers' Retirement System of the State of
    Illinois, the State Universities Retirement System, or the
    Judges Retirement System of Illinois;
        (5) an employee of a municipality or any other
    political subdivision of the State;
        (6) any person who becomes an employee after June 30,
    1979 as a public service employment program participant
    under the Federal Comprehensive Employment and Training
    Act and whose wages or fringe benefits are paid in whole or
    in part by funds provided under such Act;
        (7) enrollees of the Illinois Young Adult Conservation
    Corps program, administered by the Department of Natural
    Resources, authorized grantee pursuant to Title VIII of the
    "Comprehensive Employment and Training Act of 1973", 29 USC
    993, as now or hereafter amended;
        (8) enrollees and temporary staff of programs
    administered by the Department of Natural Resources under
    the Youth Conservation Corps Act of 1970;
        (9) any person who is a member of any professional
    licensing or disciplinary board created under an Act
    administered by the Department of Professional Regulation
    or a successor agency or created or re-created after the
    effective date of this amendatory Act of 1997, and who
    receives per diem compensation rather than a salary,
    notwithstanding that such per diem compensation is paid by
    warrant issued pursuant to a payroll voucher; such persons
    have never been included in the membership of this System,
    and this amendatory Act of 1987 (P.A. 84-1472) is not
    intended to effect any change in the status of such
    persons;
        (10) any person who is a member of the Illinois Health
    Care Cost Containment Council, and receives per diem
    compensation rather than a salary, notwithstanding that
    such per diem compensation is paid by warrant issued
    pursuant to a payroll voucher; such persons have never been
    included in the membership of this System, and this
    amendatory Act of 1987 is not intended to effect any change
    in the status of such persons;
        (11) any person who is a member of the Oil and Gas
    Board created by Section 1.2 of the Illinois Oil and Gas
    Act, and receives per diem compensation rather than a
    salary, notwithstanding that such per diem compensation is
    paid by warrant issued pursuant to a payroll voucher; or
        (12) a person employed by the State Board of Higher
    Education in a position with the Illinois Century Network
    as of June 30, 2004, who remains continuously employed
    after that date by the Department of Central Management
    Services in a position with the Illinois Century Network
    and participates in the Article 15 system with respect to
    that employment.
(Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839,
eff. 7-30-04; revised 9-8-04.)
 
    (40 ILCS 5/18-127)  (from Ch. 108 1/2, par. 18-127)
    Sec. 18-127. Retirement annuity - suspension on
reemployment.
    (a) A participant receiving a retirement annuity who is
regularly employed for compensation by an employer other than a
county, in any capacity, shall have his or her retirement
annuity payments suspended during such employment. Upon
termination of such employment, retirement annuity payments at
the previous rate shall be resumed.
    If such a participant resumes service as a judge, he or she
shall receive credit for any additional service. Upon
subsequent retirement, his or her retirement annuity shall be
the amount previously granted, plus the amount earned by the
additional judicial service under the provisions in effect
during the period of such additional service. However, if the
participant was receiving the maximum rate of annuity at the
time of re-employment, he or she may elect, in a written
direction filed with the board, not to receive any additional
service credit during the period of re-employment. In such
case, contributions shall not be required during the period of
re-employment. Any such election shall be irrevocable.
    (b) Beginning January 1, 1991, any participant receiving a
retirement annuity who accepts temporary employment from an
employer other than a county for a period not exceeding 75
working days in any calendar year shall not be deemed to be
regularly employed for compensation or to have resumed service
as a judge for the purposes of this Article. A day shall be
considered a working day if the annuitant performs on it any of
his duties under the temporary employment agreement.
    (c) Except as provided in subsection (a), beginning January
1, 1993, retirement annuities shall not be subject to
suspension upon resumption of employment for an employer, and
any retirement annuity that is then so suspended shall be
reinstated on that date.
    (d) The changes made in this Section by this amendatory Act
of 1993 shall apply to judges no longer in service on its
effective date, as well as to judges serving on or after that
date.
    (e) A participant receiving a retirement annuity under this
Article who serves as a part-time employee in any of the
following positions: Legislative Inspector General, Special
Legislative Inspector General, employee of the Office of the
Legislative Inspector General, Executive Director of the
Legislative Ethics Commission, or staff of the Legislative
Ethics Commission, but has not elected to participate in the
Article 14 System with respect to that service, shall not be
deemed to be regularly employed for compensation by an employer
other than a county, nor to have resumed service as a judge, on
the basis of that service, and the retirement annuity payments
and other benefits of that person under this Code shall not be
suspended, diminished, or otherwise impaired solely as a
consequence of that service. This subsection (e) applies
without regard to whether the person is in service as a judge
under this Article on or after the effective date of this
amendatory Act of the 93rd General Assembly. In this
subsection, a "part-time employee" is a person who is not
required to work at least 35 hours per week.
    (f) A participant receiving a retirement annuity under this
Article who has made an election under Section 1-123 and who is
serving either as legal counsel in the Office of the Governor
or as Chief Deputy Attorney General shall not be deemed to be
regularly employed for compensation by an employer other than a
county, nor to have resumed service as a judge, on the basis of
that service, and the retirement annuity payments and other
benefits of that person under this Code shall not be suspended,
diminished, or otherwise impaired solely as a consequence of
that service. This subsection (f) applies without regard to
whether the person is in service as a judge under this Article
on or after the effective date of this amendatory Act of the
93rd General Assembly.
(Source: P.A. 93-685, eff. 7-8-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/15/2005