Illinois General Assembly - Full Text of HB2139
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Full Text of HB2139  93rd General Assembly

HB2139 93rd General Assembly


093_HB2139

 
                                     LRB093 07359 LRD 07521 b

 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
15        which a judge served as a justice of  the  peace,  police
16        magistrate  or master in chancery, or as a civil referee,
17        commissioner or trial assistant to the chief judge in the
18        Municipal Court of Chicago, or performed judicial  duties
19        as an assistant to the judge of the Probate Court of Cook
20        County.   A  judge shall be entitled to credit for all or
21        as much as the judge may  desire  of  such  service,  not
22        exceeding  8  years,  upon  payment  of the participant's
23        contribution covering such service  at  the  contribution
24        rates  in  effect on July 1, 1969, together with interest
25        at 4% per annum compounded annually, from the  dates  the
26        service  was  rendered  to  the date of payment, provided
27        credit for such service  had  not  been  granted  in  any
28        public  pension  fund  or retirement system in the State.
29        The required contributions shall be based upon  the  rate
30        of  salary  in effect for the judge on the date he or she
31        entered the system or on January 1,  1964,  whichever  is
 
                            -2-      LRB093 07359 LRD 07521 b
 1        later.
 2             (b)  Service  rendered  after  January 1, 1964, as a
 3        holdover magistrate or master in chancery of the  Circuit
 4        Court.   A  judge  shall  be  entitled  to credit for any
 5        period of such service, not exceeding a total of 8 years,
 6        together with the period of service taken into account in
 7        paragraph (a).  Service credit under  this  paragraph  is
 8        subject  to  the same contribution requirements and other
 9        limitations that are prescribed for service credit  under
10        paragraph (a).
11             (c)  Any  period  that  a  participant  served  as a
12        member of the General Assembly, subject to the  following
13        conditions:
14                  (1)  He  or  she has been a participant in this
15             system for at least 4 years and has  contributed  to
16             the  system  for service rendered as a member of the
17             General Assembly subsequent to November 1, 1941,  at
18             the  contribution rates in effect for a judge on the
19             date of becoming a participant,  including  interest
20             at  3%  per  annum compounded annually from the date
21             such service was rendered to the  date  of  payment,
22             based  on the salary in effect during such period of
23             service; and
24                  (2)  The participant is not entitled to  credit
25             for  such  service  in  any  other public retirement
26             system in the State.
27             (d)  Any period a participant served as a  judge  or
28        commissioner  of  the Court of Claims of this State after
29        November 1, 1941, provided he or she contributes  to  the
30        system at the contribution rates in effect on the date of
31        becoming  a  participant, based on salary received during
32        such  service,  including  interest  at  3%   per   annum
33        compounded  annually  from  the  date  such  service  was
34        rendered to the date of payment.
 
                            -3-      LRB093 07359 LRD 07521 b
 1             (e)  Any period that a participant served as State's
 2        Attorney  or Public Defender of any county of this State,
 3        subject to the following conditions: (1) such service was
 4        not credited under any public pension fund or  retirement
 5        system;  (2)  the  maximum service to be credited in this
 6        system shall be 8 years; (3) the participant must have at
 7        least 6 years of service as a judge and as a  participant
 8        of   this  system;  and  (4)  the  participant  has  made
 9        contributions to the  system  for  such  service  at  the
10        contribution  rates  in  effect on the date of becoming a
11        participant in this system based upon the salary  of  the
12        judge  on  such  date, including interest at 4% per annum
13        compounded  annually  from  such  date  to  the  date  of
14        payment.
15             A judge who terminated service  before  January  26,
16        1988  and whose retirement annuity began after January 1,
17        1988  may  establish  credit  for  service  as  a  Public
18        Defender in accordance with the other provisions of  this
19        subsection  by making application and paying the required
20        contributions to the Board not later than 30  days  after
21        August   23,  1989.   In  such  cases,  the  Board  shall
22        recalculate the  retirement  annuity,  effective  on  the
23        first  day  of the next calendar month beginning at least
24        30 days after the application is received.
25             (e-1)  Any  period  that  a  participant  served  as
26        Special Assistant State's Attorney of any county of  this
27        State,  subject  to  the  following  conditions: (1) such
28        service was not credited under any public pension fund or
29        retirement system; (2) the amount of service  established
30        under  this  subdivision  (e-1) shall not exceed 3 years;
31        (3) the participant must have at least 6 years of service
32        as a judge and as a participant of this System;  and  (4)
33        the participant must make contributions to the System for
34        the   service   to   be   established,   based  upon  the
 
                            -4-      LRB093 07359 LRD 07521 b
 1        contribution rates in effect on the date  of  becoming  a
 2        participant in this System and the salary of the judge on
 3        that date, including interest at 4% per annum, compounded
 4        annually, from that date to the date of payment.
 5             (f)  Any   period   as  a  participating  policeman,
 6        employee or teacher under Article 5, 14  or  16  of  this
 7        Code,  subject  to  the  following  conditions:  (1)  the
 8        credits  accrued  under  Article  5,  14  or 16 have been
 9        transferred to this system; and (2) the  participant  has
10        contributed   to  the  system  an  amount  equal  to  (A)
11        contributions at the rate in effect for  participants  at
12        the  date  of  membership  in  this system based upon the
13        salary of the judge on  such  date,  (B)  the  employer's
14        share  of the normal cost under this system for each year
15        that credit is being established, based on the salary  in
16        effect  at the date of membership in this system, and (C)
17        interest at 6% per annum, compounded annually,  from  the
18        date  of  membership to the date of payment; less (D) the
19        amount transferred on  behalf  of  the  participant  from
20        Article 5, 14 or 16.
21             (g)  Any  period  that  a  participant served as the
22        Administrative Director of  the  Circuit  Court  of  Cook
23        County,   as   Executive   Director   of  the  Home  Rule
24        Commission,  as  assistant  corporation  counsel  in  the
25        Chicago Law Department, or as an  employee  of  the  Cook
26        County  Treasurer,  subject  to the following conditions:
27        (1) the maximum amount  of  such  service  which  may  be
28        credited  is  10  years; (2) in order to qualify for such
29        credit in this system, a judge must have at least 6 years
30        of service as a judge and participant of this system; (3)
31        the last 6 years of service credited in this system shall
32        be as a judge and  a  participant  in  this  system;  (4)
33        credits accrued to the participant under any other public
34        pension fund or public retirement system in the State, if
 
                            -5-      LRB093 07359 LRD 07521 b
 1        any,  by  reason  of  the service to be established under
 2        this paragraph (g) has been transferred to  this  system;
 3        and  (5)  the  participant has contributed to this system
 4        the amount, if  any,  by  which  the  amount  transferred
 5        pursuant to subdivision (4) of this paragraph, if any, is
 6        less  than  the  amount  which the participant would have
 7        contributed to the system during the period of time being
 8        counted  as  service  under  this   paragraph   had   the
 9        participant  been  a  judge  participating in this system
10        during that time, based on the rate  of  contribution  in
11        effect  and  the  salary earned by the participant on the
12        date he  or  she  became  a  participant,  with  interest
13        accruing  on  such  deficiency  at a rate of 5% per annum
14        from the date he or she became a participant through  the
15        date on which such deficiency is paid.
16             (h)  Any  period  that  a  participant  served  as a
17        full-time  attorney  employed  by  the  Chicago   Transit
18        Authority  created  by the Metropolitan Transit Authority
19        Act, subject to the following conditions: (1) any  credit
20        received for such service in the pension fund established
21        under Section 22-101 has been terminated; (2) the maximum
22        amount  of  such  service  to  be credited in this system
23        shall be 10 years; (3) the participant must have at least
24        6 years of service as a judge and  as  a  participant  of
25        this   system;   and   (4)   the   participant  has  made
26        contributions to the  system  for  such  service  at  the
27        contribution  rates  in  effect on the date of becoming a
28        participant in this system based upon the salary  of  the
29        judge  on  such  date, including interest at 5% per annum
30        compounded  annually  from  such  date  to  the  date  of
31        payment.
32             (i)  Any period during which a participant  received
33        temporary  total disability benefit payments, as provided
34        in Section 18-126.1.
 
                            -6-      LRB093 07359 LRD 07521 b
 1        Service during a fraction of a month shall be  considered
 2    a  month  of  service,  but no more than one month of service
 3    shall be credited for all service during any calendar month.
 4    (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)

 5        Section 99. Effective date.  This Act takes  effect  upon
 6    becoming law.