Public Act 096-0961
 
HB4644 Enrolled LRB096 14771 AMC 29624 b

    AN ACT concerning public employee benefits.
 
    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 7-142, 7-142.1, 7-145.1, 9-121.6, 14-104, and by
adding Sections 9-128.2 and 15-113.11 as follows:
 
    (40 ILCS 5/7-142)  (from Ch. 108 1/2, par. 7-142)
    Sec. 7-142. Retirement annuities - Amount.
    (a) The amount of a retirement annuity shall be the sum of
the following, determined in accordance with the actuarial
tables in effect at the time of the grant of the annuity:
        1. For employees with 8 or more years of service, an
    annuity computed pursuant to subparagraphs a or b of this
    subparagraph 1, whichever is the higher, and for employees
    with less than 8 years of service the annuity computed
    pursuant to subparagraph a:
            a. The monthly annuity which can be provided from
        the total accumulated normal, municipality and prior
        service credits, as of the attained age of the employee
        on the date the annuity begins provided that such
        annuity shall not exceed 75% of the final rate of
        earnings of the employee.
            b. (i) The monthly annuity amount determined as
        follows by multiplying (a) 1 2/3% for annuitants with
        not more than 15 years or (b) 1 2/3% for the first 15
        years and 2% for each year in excess of 15 years for
        annuitants with more than 15 years by the number of
        years plus fractional years, prorated on a basis of
        months, of creditable service and multiply the product
        thereof by the employee's final rate of earnings.
            (ii) For the sole purpose of computing the formula
        (and not for the purposes of the limitations
        hereinafter stated) $125 shall be considered the final
        rate of earnings in all cases where the final rate of
        earnings is less than such amount.
            (iii) The monthly annuity computed in accordance
        with this subparagraph b, shall not exceed an amount
        equal to 75% of the final rate of earnings.
            (iv) For employees who have less than 35 years of
        service, the annuity computed in accordance with this
        subparagraph b (as reduced by application of
        subparagraph (iii) above) shall be reduced by 0.25%
        thereof (0.5% if service was terminated before January
        1, 1988) for each month or fraction thereof (1) that
        the employee's age is less than 60 years, or (2) if the
        employee has at least 30 years of service credit, that
        the employee's service credit is less than 35 years,
        whichever is less, on the date the annuity begins.
        2. The annuity which can be provided from the total
    accumulated additional credits as of the attained age of
    the employee on the date the annuity begins.
    (b) If payment of an annuity begins prior to the earliest
age at which the employee will become eligible for an old age
insurance benefit under the Federal Social Security Act, he may
elect that the annuity payments from this fund shall exceed
those payable after his attaining such age by an amount,
computed as determined by rules of the Board, but not in excess
of his estimated Social Security Benefit, determined as of the
effective date of the annuity, provided that in no case shall
the total annuity payments made by this fund exceed in
actuarial value the annuity which would have been payable had
no such election been made.
    (c) The retirement annuity shall be increased each year by
2%, not compounded, of the monthly amount of annuity, taking
into consideration any adjustment under paragraph (b) of this
Section. This increase shall be effective each January 1 and
computed from the effective date of the retirement annuity, the
first increase being .167% of the monthly amount times the
number of months from the effective date to January 1.
Beginning January 1, 1984 and thereafter, the retirement
annuity shall be increased by 3% each year, not compounded.
This increase shall not be applicable to annuitants who are not
in service on or after September 8, 1971.
    (d) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (40 ILCS 5/7-142.1)  (from Ch. 108 1/2, par. 7-142.1)
    Sec. 7-142.1. Sheriff's law enforcement employees.
    (a) In lieu of the retirement annuity provided by
subparagraph 1 of paragraph (a) of Section 7-142:
    Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service
prior to January 1, 1988 shall be entitled at his option to
receive a monthly retirement annuity for his service as a
sheriff's law enforcement employee computed by multiplying 2%
for each year of such service up to 10 years, 2 1/4% for each
year of such service above 10 years and up to 20 years, and 2
1/2% for each year of such service above 20 years, by his
annual final rate of earnings and dividing by 12.
    Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service on
or after January 1, 1988 and before July 1, 2004 shall be
entitled at his option to receive a monthly retirement annuity
for his service as a sheriff's law enforcement employee
computed by multiplying 2.5% for each year of such service up
to 20 years, 2% for each year of such service above 20 years
and up to 30 years, and 1% for each year of such service above
30 years, by his annual final rate of earnings and dividing by
12.
    Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service on
or after July 1, 2004 shall be entitled at his or her option to
receive a monthly retirement annuity for service as a sheriff's
law enforcement employee computed by multiplying 2.5% for each
year of such service by his annual final rate of earnings and
dividing by 12.
    If a sheriff's law enforcement employee has service in any
other capacity, his retirement annuity for service as a
sheriff's law enforcement employee may be computed under this
Section and the retirement annuity for his other service under
Section 7-142.
    In no case shall the total monthly retirement annuity for
persons who retire before July 1, 2004 exceed 75% of the
monthly final rate of earnings. In no case shall the total
monthly retirement annuity for persons who retire on or after
July 1, 2004 exceed 80% of the monthly final rate of earnings.
    (b) Whenever continued group insurance coverage is elected
in accordance with the provisions of Section 367h of the
Illinois Insurance Code, as now or hereafter amended, the total
monthly premium for such continued group insurance coverage or
such portion thereof as is not paid by the municipality shall,
upon request of the person electing such continued group
insurance coverage, be deducted from any monthly pension
benefit otherwise payable to such person pursuant to this
Section, to be remitted by the Fund to the insurance company or
other entity providing the group insurance coverage.
    (c) A sheriff's law enforcement employee who has service in
any other capacity may convert up to 10 years of that service
into service as a sheriff's law enforcement employee by paying
to the Fund an amount equal to (1) the additional employee
contribution required under Section 7-173.1, plus (2) the
additional employer contribution required under Section 7-172,
plus (3) interest on items (1) and (2) at the prescribed rate
from the date of the service to the date of payment.
    (d) The changes to subsections (a) and (b) of this Section
made by this amendatory Act of the 94th General Assembly apply
only to persons in service on or after July 1, 2004. In the
case of such a person who begins to receive a retirement
annuity before the effective date of this amendatory Act of the
94th General Assembly, the annuity shall be recalculated
prospectively to reflect those changes, with the resulting
increase beginning to accrue on the first annuity payment date
following the effective date of this amendatory Act.
    (e) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
(Source: P.A. 94-712, eff. 6-1-06.)
 
    (40 ILCS 5/7-145.1)
    Sec. 7-145.1. Alternative annuity for county officers.
    (a) The benefits provided in this Section and Section
7-145.2 are available only if the county board has filed with
the Board of the Fund a resolution or ordinance expressly
consenting to the availability of these benefits for its
elected county officers. The county board's consent is
irrevocable with respect to persons participating in the
program, but may be revoked at any time with respect to persons
who have not paid an additional optional contribution under
this Section before the date of revocation.
    An elected county officer may elect to establish
alternative credits for an alternative annuity by electing in
writing to make additional optional contributions in
accordance with this Section and procedures established by the
board. These alternative credits are available only for periods
of service as an elected county officer. The elected county
officer may discontinue making the additional optional
contributions by notifying the Fund in writing in accordance
with this Section and procedures established by the board.
    Additional optional contributions for the alternative
annuity shall be as follows:
        (1) For service as an elected county officer after the
    option is elected, an additional contribution of 3% of
    salary shall be contributed to the Fund on the same basis
    and under the same conditions as contributions required
    under Section 7-173.
        (2) For service as an elected county officer before the
    option is elected, an additional contribution of 3% of the
    salary for the applicable period of service, plus interest
    at the effective rate from the date of service to the date
    of payment, plus any additional amount required by the
    county board under paragraph (3). All payments for past
    service must be paid in full before credit is given.
        (3) With respect to service as an elected county
    officer before the option is elected, if payment is made
    after the county board has filed with the Board of the Fund
    a resolution or ordinance requiring an additional
    contribution under this paragraph, then the contribution
    required under paragraph (2) shall include an amount to be
    determined by the Fund, equal to the actuarial present
    value of the additional employer cost that would otherwise
    result from the alternative credits being established for
    that service. A county board's resolution or ordinance
    requiring additional contributions under this paragraph
    (3) is irrevocable.
    No additional optional contributions may be made for any
period of service for which credit has been previously
forfeited by acceptance of a refund, unless the refund is
repaid in full with interest at the effective rate from the
date of refund to the date of repayment.
    (b) In lieu of the retirement annuity otherwise payable
under this Article, an elected county officer who (1) has
elected to participate in the Fund and make additional optional
contributions in accordance with this Section, (2) has held and
made additional optional contributions with respect to the same
elected county office for at least 8 years, and (3) has
attained age 55 with at least 8 years of service credit (or has
attained age 50 with at least 20 years of service as a
sheriff's law enforcement employee) may elect to have his
retirement annuity computed as follows: 3% of the participant's
salary for each of the first 8 years of service credit, plus 4%
of that salary for each of the next 4 years of service credit,
plus 5% of that salary for each year of service credit in
excess of 12 years, subject to a maximum of 80% of that salary.
    This formula applies only to service in an elected county
office that the officer held for at least 8 years, and only to
service for which additional optional contributions have been
paid under this Section. If an elected county officer qualifies
to have this formula applied to service in more than one
elected county office, the qualifying service shall be
accumulated for purposes of determining the applicable accrual
percentages, but the salary used for each office shall be the
separate salary calculated for that office, as defined in
subsection (g).
    To the extent that the elected county officer has service
credit that does not qualify for this formula, his retirement
annuity will first be determined in accordance with this
formula with respect to the service to which this formula
applies, and then in accordance with the remaining Sections of
this Article with respect to the service to which this formula
does not apply.
    (c) In lieu of the disability benefits otherwise payable
under this Article, an elected county officer who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform
the duties of his office, and (3) was making optional
contributions in accordance with this Section at the time the
disability was incurred, may elect to receive a disability
annuity calculated in accordance with the formula in subsection
(b). For the purposes of this subsection, an elected county
officer shall be considered permanently disabled only if: (i)
disability occurs while in service as an elected county officer
and is of such a nature as to prevent him from reasonably
performing the duties of his office at the time; and (ii) the
board has received a written certification by at least 2
licensed physicians appointed by it stating that the officer is
disabled and that the disability is likely to be permanent.
    (d) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Section 7-166, 7-167 and 7-168. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions.
    If an elected county officer fails to hold that same
elected county office for at least 8 years, he or she shall be
entitled after leaving office to receive a refund of the
additional optional contributions made with respect to that
office, plus interest at the effective rate.
    (e) The plan of optional alternative benefits and
contributions shall be available to persons who are elected
county officers and active contributors to the Fund on or after
November 15, 1994. A person who was an elected county officer
and an active contributor to the Fund on November 15, 1994 but
is no longer an active contributor may apply to make additional
optional contributions under this Section at any time within 90
days after the effective date of this amendatory Act of 1997;
if the person is an annuitant, the resulting increase in
annuity shall begin to accrue on the first day of the month
following the month in which the required payment is received
by the Fund.
    (f) For the purposes of this Section and Section 7-145.2,
the terms "elected county officer" and "elected county office"
include, but are not limited to: (1) the county clerk,
recorder, treasurer, coroner, assessor (if elected), auditor,
sheriff, and State's Attorney; members of the county board; and
the clerk of the circuit court; and (2) a person who has been
appointed to fill a vacancy in an office that is normally
filled by election on a countywide basis, for the duration of
his or her service in that office. The terms "elected county
officer" and "elected county office" do not include any officer
or office of a county that has not consented to the
availability of benefits under this Section and Section
7-145.2.
    (g) For the purposes of this Section and Section 7-145.2,
the term "salary" means the final rate of earnings for the
elected county office held, calculated in a manner consistent
with Section 7-116, but for that office only. If an elected
county officer qualifies to have the formula in subsection (b)
applied to service in more than one elected county office, a
separate salary shall be calculated and applied with respect to
each such office.
    (h) The changes to this Section made by this amendatory Act
of the 91st General Assembly apply to persons who first make an
additional optional contribution under this Section on or after
the effective date of this amendatory Act.
    (i) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
(Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00;
91-887, eff. 7-6-00.)
 
    (40 ILCS 5/9-121.6)  (from Ch. 108 1/2, par. 9-121.6)
    Sec. 9-121.6. Alternative annuity for county officers.
    (a) Any county officer elected by vote of the people may
elect to establish alternative credits for an alternative
annuity by electing in writing to make additional optional
contributions in accordance with this Section and procedures
established by the board. Such elected county officer may
discontinue making the additional optional contributions by
notifying the Fund in writing in accordance with this Section
and procedures established by the board.
    Additional optional contributions for the alternative
annuity shall be as follows:
        (1) For service after the option is elected, an
    additional contribution of 3% of salary shall be
    contributed to the Fund on the same basis and under the
    same conditions as contributions required under Sections
    9-170 and 9-176.
        (2) For service before the option is elected, an
    additional contribution of 3% of the salary for the
    applicable period of service, plus interest at the
    effective rate from the date of service to the date of
    payment. All payments for past service must be paid in full
    before credit is given. No additional optional
    contributions may be made for any period of service for
    which credit has been previously forfeited by acceptance of
    a refund, unless the refund is repaid in full with interest
    at the effective rate from the date of refund to the date
    of repayment.
    (b) In lieu of the retirement annuity otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund and make
additional optional contributions in accordance with this
Section, and (2) has attained age 60 with at least 10 years of
service credit, or has attained age 65 with at least 8 years of
service credit, may elect to have his retirement annuity
computed as follows: 3% of the participant's salary at the time
of termination of service for each of the first 8 years of
service credit, plus 4% of such salary for each of the next 4
years of service credit, plus 5% of such salary for each year
of service credit in excess of 12 years, subject to a maximum
of 80% of such salary. To the extent such elected county
officer has made additional optional contributions with
respect to only a portion of his years of service credit, his
retirement annuity will first be determined in accordance with
this Section to the extent such additional optional
contributions were made, and then in accordance with the
remaining Sections of this Article to the extent of years of
service credit with respect to which additional optional
contributions were not made.
    (c) In lieu of the disability benefits otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund, and (2)
has become permanently disabled and as a consequence is unable
to perform the duties of his office, and (3) was making
optional contributions in accordance with this Section at the
time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, such
elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an
elected county officer and is of such a nature as to prevent
him from reasonably performing the duties of his office at the
time; and (ii) the board has received a written certification
by at least 2 licensed physicians appointed by it stating that
such officer is disabled and that the disability is likely to
be permanent.
    (d) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Section 9-164, 9-166 and 9-167. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions. Optional
contributions under this Section shall be included in the
amount of employee contributions used to compute the tax levy
under Section 9-169.
    (e) The effective date of this plan of optional alternative
benefits and contributions shall be January 1, 1988, or the
date upon which approval is received from the U.S. Internal
Revenue Service, whichever is later. The plan of optional
alternative benefits and contributions shall not be available
to any former county officer or employee receiving an annuity
from the Fund on the effective date of the plan, unless he
re-enters service as an elected county officer and renders at
least 3 years of additional service after the date of re-entry.
    (f) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
    (g) (f) The plan of optional alternative benefits and
contributions authorized under this Section applies only to
county officers elected by vote of the people on or before
January 1, 2008 (the effective date of Public Act 95-654).
(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
95-876, eff. 8-21-08.)
 
    (40 ILCS 5/9-128.2 new)
    Sec. 9-128.2. Stipends. Any elected county officer who was
entitled to receive a stipend from the State on or after July
1, 2009 and on or before June 30, 2010 may establish earnings
credit for the amount of stipend not received, if the elected
county official applies in writing to the fund within 6 months
after the effective date of this amendatory Act of the 96th
General Assembly and pays to the fund an amount equal to (i)
employee contributions on the amount of stipend not received,
(ii) employer contributions determined by the Board equal to
the employer's normal cost of the benefit on the amount of
stipend not received, plus (iii) interest on items (i) and (ii)
at the actuarially assumed rate.
 
    (40 ILCS 5/14-104)  (from Ch. 108 1/2, par. 14-104)
    Sec. 14-104. Service for which contributions permitted.
Contributions provided for in this Section shall cover the
period of service granted. Except as otherwise provided in this
Section, the contributions shall be based upon the employee's
compensation and contribution rate in effect on the date he
last became a member of the System; provided that for all
employment prior to January 1, 1969 the contribution rate shall
be that in effect for a noncovered employee on the date he last
became a member of the System. Except as otherwise provided in
this Section, contributions permitted under this Section shall
include regular interest from the date an employee last became
a member of the System to the date of payment.
    These contributions must be paid in full before retirement
either in a lump sum or in installment payments in accordance
with such rules as may be adopted by the board.
    (a) Any member may make contributions as required in this
Section for any period of service, subsequent to the date of
establishment, but prior to the date of membership.
    (b) Any employee who had been previously excluded from
membership because of age at entry and subsequently became
eligible may elect to make contributions as required in this
Section for the period of service during which he was
ineligible.
    (c) An employee of the Department of Insurance who, after
January 1, 1944 but prior to becoming eligible for membership,
received salary from funds of insurance companies in the
process of rehabilitation, liquidation, conservation or
dissolution, may elect to make contributions as required in
this Section for such service.
    (d) Any employee who rendered service in a State office to
which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such service as
required in this Section. Any member who served by appointment
of the Governor under the Civil Administrative Code of Illinois
and did not participate in this System may make contributions
as required in this Section for such service.
    (e) Any person employed by the United States government or
any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of a transfer from
State service by executive order of the President of the United
States shall be entitled to prior service credit covering the
period from January 1, 1942 through December 31, 1943 as
provided for in this Article and to membership service credit
for the period from January 1, 1944 through November 15, 1946
by making the contributions required in this Section. A person
so employed on January 1, 1944 but whose employment began after
January 1, 1942 may qualify for prior service and membership
service credit under the same conditions.
    (f) An employee of the Department of Labor of the State of
Illinois who performed services for and under the supervision
of that Department prior to January 1, 1944 but who was
compensated for those services directly by federal funds and
not by a warrant of the Auditor of Public Accounts paid by the
State Treasurer may establish credit for such employment by
making the contributions required in this Section. An employee
of the Department of Agriculture of the State of Illinois, who
performed services for and under the supervision of that
Department prior to June 1, 1963, but was compensated for those
services directly by federal funds and not paid by a warrant of
the Auditor of Public Accounts paid by the State Treasurer, and
who did not contribute to any other public employee retirement
system for such service, may establish credit for such
employment by making the contributions required in this
Section.
    (g) Any employee who executed a waiver of membership within
60 days prior to January 1, 1944 may, at any time while in the
service of a department, file with the board a rescission of
such waiver. Upon making the contributions required by this
Section, the member shall be granted the creditable service
that would have been received if the waiver had not been
executed.
    (h) Until May 1, 1990, an employee who was employed on a
full-time basis by a regional planning commission for at least
5 continuous years may establish creditable service for such
employment by making the contributions required under this
Section, provided that any credits earned by the employee in
the commission's retirement plan have been terminated.
    (i) Any person who rendered full time contractual services
to the General Assembly as a member of a legislative staff may
establish service credit for up to 8 years of such services by
making the contributions required under this Section, provided
that application therefor is made not later than July 1, 1991.
    (j) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, but with all of the interest calculated from the date
the employee last became a member of the System or November 19,
1991, whichever is later, to the date of payment, an employee
may establish service credit for a period of up to 4 years
spent in active military service for which he does not qualify
for credit under Section 14-105, provided that (1) he was not
dishonorably discharged from such military service, and (2) the
amount of service credit established by a member under this
subsection (j), when added to the amount of military service
credit granted to the member under subsection (b) of Section
14-105, shall not exceed 5 years. The change in the manner of
calculating interest under this subsection (j) made by this
amendatory Act of the 92nd General Assembly applies to credit
purchased by an employee on or after its effective date and
does not entitle any person to a refund of contributions or
interest already paid. In compliance with Section 14-152.1 of
this Act concerning new benefit increases, any new benefit
increase as a result of the changes to this subsection (j) made
by Public Act 95-483 is funded through the employee
contributions provided for in this subsection (j). Any new
benefit increase as a result of the changes made to this
subsection (j) by Public Act 95-483 is exempt from the
provisions of subsection (d) of Section 14-152.1.
    (k) An employee who was employed on a full-time basis by
the Illinois State's Attorneys Association Statewide Appellate
Assistance Service LEAA-ILEC grant project prior to the time
that project became the State's Attorneys Appellate Service
Commission, now the Office of the State's Attorneys Appellate
Prosecutor, an agency of State government, may establish
creditable service for not more than 60 months service for such
employment by making contributions required under this
Section.
    (l) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
less than one year spent on authorized leave of absence from
service, provided that (1) the period of leave began on or
after January 1, 1982 and (2) any credit established by the
member for the period of leave in any other public employee
retirement system has been terminated. A member may establish
service credit under this subsection for more than one period
of authorized leave, and in that case the total period of
service credit established by the member under this subsection
may exceed one year. In determining the contributions required
for establishing service credit under this subsection, the
interest shall be calculated from the beginning of the leave of
absence to the date of payment.
    (l-5) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
up to 2 years spent on authorized leave of absence from
service, provided that during that leave the member represented
or was employed as an officer or employee of a statewide labor
organization that represents members of this System. In
determining the contributions required for establishing
service credit under this subsection, the interest shall be
calculated from the beginning of the leave of absence to the
date of payment.
    (m) Any person who rendered contractual services to a
member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the contributions
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. To establish credit under this
subsection, the applicant must apply to the System by March 1,
1998.
    (n) Any person who rendered contractual services to a
member of the General Assembly as a worker providing
constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
    (o) A member who participated in the Illinois Legislative
Staff Internship Program may establish creditable service for
up to one year of that participation by making the contribution
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. Credit may not be established under this
subsection for any period for which service credit is
established under any other provision of this Code.
    (p) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for a period of
up to 8 years during which he or she was employed by the
Visually Handicapped Managers of Illinois in a vending program
operated under a contractual agreement with the Department of
Rehabilitation Services or its successor agency.
    This subsection (p) applies without regard to whether the
person was in service on or after the effective date of this
amendatory Act of the 94th General Assembly. In the case of a
person who is receiving a retirement annuity on that effective
date, the increase, if any, shall begin to accrue on the first
annuity payment date following receipt by the System of the
contributions required under this subsection (p).
    (q) By paying the required contributions under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest, an
employee who was laid off but returned to State employment
under circumstances in which the employee is considered to have
been in continuous service for purposes of determining
seniority may establish creditable service for the period of
the layoff, provided that (1) the applicant applies for the
creditable service under this subsection (q) within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, (2) the applicant does not receive credit for
that period under any other provision of this Code, (3) at the
time of the layoff, the applicant is not in an initial
probationary status consistent with the rules of the Department
of Central Management Services, and (4) the total amount of
creditable service established by the applicant under this
subsection (q) does not exceed 3 years. For service established
under this subsection (q), the required employee contribution
shall be based on the rate of compensation earned by the
employee on the date of returning to employment after the
layoff and the contribution rate then in effect, and the
required interest shall be calculated from the date of
returning to employment after the layoff to the date of
payment.
    (r) A member who participated in the University of Illinois
Government Public Service Internship Program (GPSI) may
establish creditable service for up to 2 years of that
participation by making the contribution required under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest. The
System shall determine a full-time salary equivalent for the
purpose of calculating the required contribution. Credit may
not be established under this subsection for any period for
which service credit is established under any other provision
of this Code.
    (s) A member who worked as a nurse under a contractual
agreement for the Department of Public Aid, or its successor
agency, the Department of Human Services, in the Client
Assessment Unit and was subsequently determined to be a State
employee by the United States Internal Revenue Service and the
Illinois Labor Relations Board may establish creditable
service for those contractual services by making the
contributions required under this Section. To establish credit
under this subsection, the applicant must apply to the System
by July 1, 2008.
    The Department of Human Services shall pay an employer
contribution based upon an amount determined by the Board to be
equal to the employer's normal cost of the benefit, plus
interest.
    In compliance with Section 14-152.1 added by Public Act
94-4, the cost of the benefits provided by Public Act 95-583
are offset by the required employee and employer contributions.
    (t) Any person who rendered contractual services on a
full-time basis to the Illinois Institute of Natural Resources
and the Illinois Department of Energy and Natural Resources may
establish creditable service for up to 4 years of those
contractual services by making the contributions required
under this Section, plus an amount determined by the Board to
be equal to the employer's normal cost of the benefit plus
interest at the actuarially assumed rate from the first day of
the service for which credit is being established to the date
of payment. To establish credit under this subsection (t), the
applicant must apply to the System within 6 months after August
28, 2009 (the effective date of Public Act 96-775) this
amendatory Act of the 96th General Assembly.
    (u) (t) A member may establish creditable service and
earnings credit for a period of voluntary or involuntary
furlough, not exceeding 5 days, beginning on or after July 1,
2008 and ending on or before June 30, 2009, that is utilized as
a means of addressing a State fiscal emergency. To receive this
credit, the member must apply in writing to the System before
July 1, 2012, and make contributions required under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit, plus interest at the
actuarially assumed rate.
    A member may establish creditable service and earnings
credit for a period of voluntary or involuntary furlough, not
exceeding 24 days, beginning on or after July 1, 2009 and
ending on or before June 30, 2011, that is utilized as a means
of addressing a State fiscal emergency. To receive this credit,
the member must, before December 31, 2011, (i) apply in writing
to the System and (ii) make the contributions required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit, plus
interest at the actuarially assumed rate.
    (v) (t) Any member who rendered full-time contractual
services to an Illinois Veterans Home operated by the
Department of Veterans' Affairs may establish service credit
for up to 8 years of such services by making the contributions
required under this Section, plus an amount determined by the
Board to be equal to the employer's normal cost of the benefit,
plus interest at the actuarially assumed rate. To establish
credit under this subsection, the applicant must apply to the
System no later than 6 months after July 27, 2009 (the
effective date of Public Act 96-97) this amendatory Act of the
96th General Assembly.
(Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07;
95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff.
7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised
9-9-09.)
 
    (40 ILCS 5/15-113.11 new)
    Sec. 15-113.11. Service for periods of voluntary or
involuntary furlough. A participant may establish creditable
service and earnings credit for periods of furlough beginning
on or after July 1, 2009 and ending on or before June 30, 2011.
To receive this credit, the participant must (i) apply in
writing to the System before December 31, 2011; (ii) not
receive compensation from an employer for any furlough period;
and (iii) make employee contributions required under Section
15-157 based on the rate of basic compensation during the
periods of furlough, plus an amount determined by the Board to
be equal to the employer's normal cost of the benefit, plus
compounded interest at the actuarially assumed rate from the
date of voluntary or involuntary furlough to the date of
payment. The participant shall provide, at the time of
application, written certification from the employer providing
the total number of furlough days a participant has been
required to take.
 
    Section 90. The State Mandates Act is amended by adding
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/2/2010