Full Text of HB3832 97th General Assembly
HB3832 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3832 Introduced 10/19/2011, by Rep. Tom Cross - David Harris - Darlene J. Senger - Richard Morthland SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/8-226 | from Ch. 108 1/2, par. 8-226 | 40 ILCS 5/11-215 | from Ch. 108 1/2, par. 11-215 |
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Amends the Chicago Municipal and Chicago Laborers Articles to specify that creditable service for leaves of absence without pay during which a participant is
employed full-time by a local labor organization that represents municipal employees may be established provided that the participant does not receive
credit in any pension plan established by the labor organization based on
his employment by the organization, including, but not limited to, pension plans established by the local labor organization, the national labor organization, or the international labor organization (rather than any pension plan established by the local labor organization). Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 changing | 5 | | Sections 8-226 and 11-215 as follows:
| 6 | | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| 7 | | Sec. 8-226. Computation of service.
In computing the term | 8 | | of service of an employee prior to the effective
date, the | 9 | | entire period beginning on the date he was first appointed and
| 10 | | ending on the day before the effective date, except any | 11 | | intervening period
during which he was separated by withdrawal | 12 | | from service, shall be counted
for all purposes of this | 13 | | Article, except that for any employee who was not
in service on | 14 | | the day before the effective date, service rendered prior to
| 15 | | such date shall not be considered for the purposes of Section | 16 | | 8-138.
| 17 | | For a person employed by an employer for whom this Article | 18 | | was in effect
prior to January 1, 1950, from whose salary | 19 | | deductions are first made under
this Article after December 31, | 20 | | 1949, any period of service rendered prior
to the effective | 21 | | date, unless he was in service on the day before the
effective | 22 | | date, shall not be counted as service.
| 23 | | The time a person was an employee of any territory annexed |
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| 1 | | to the city
prior to the effective date shall be counted as a | 2 | | period of service.
| 3 | | In computing the term of service of any employee subsequent | 4 | | to the day
before the effective date, the following periods | 5 | | shall be counted as
periods of service for age and service, | 6 | | widow's and child's annuity
purposes:
| 7 | | (a) The time during which he performed the duties of | 8 | | his position;
| 9 | | (b) Vacations, leaves of absence with whole or part | 10 | | pay, and leaves of
absence without pay not longer than 90 | 11 | | days;
| 12 | | (c) Leaves of absence without pay during which a | 13 | | participant is
employed full-time by a local labor | 14 | | organization that represents municipal employees,
provided | 15 | | that (1) the participant continues to make employee | 16 | | contributions
to the Fund as though he were an active | 17 | | employee, based on the regular
salary rate received by the | 18 | | participant
for his municipal employment immediately prior | 19 | | to such leave of absence
(and in the case of such | 20 | | employment prior to December 9, 1987, pays
to the Fund an | 21 | | amount equal
to the employee contributions for such | 22 | | employment plus regular interest
thereon as calculated by | 23 | | the board),
and based on his current salary with such labor | 24 | | organization after the
effective date of this amendatory | 25 | | Act of 1991,
(2) after January 1, 1989 the participant, or | 26 | | the labor organization on the
participant's behalf, makes |
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| 1 | | contributions to the Fund as though it were the
employer, | 2 | | in the same amount and same manner as specified under this
| 3 | | Article, based on the regular salary rate received by the | 4 | | participant for
his municipal employment immediately prior | 5 | | to such leave of absence, and
based on his current salary | 6 | | with such labor organization after the effective
date of | 7 | | this amendatory Act of 1991, and (3) the participant does | 8 | | not receive
credit in any pension plan established by the | 9 | | local labor organization based on
his employment by the | 10 | | organization , including, but not limited to, pension plans | 11 | | established by the local labor organization, the national | 12 | | labor organization, or the international labor | 13 | | organization ;
| 14 | | (d) Any period of disability for which he received (i) | 15 | | a disability
benefit under this Article, or (ii) a | 16 | | temporary total disability benefit
under the Workers' | 17 | | Compensation Act if the disability results from a
condition | 18 | | commonly termed heart attack or stroke or any other | 19 | | condition
falling within the broad field of coronary | 20 | | involvement or heart disease,
or (iii) whole or part pay;
| 21 | | (e) Any period for which contributions and service | 22 | | credit have been
transferred to this Fund under subsection | 23 | | (d) of Section 9-121.1 or
subsection (d) of Section | 24 | | 12-127.1 of this Code.
| 25 | | For a person employed by an employer in which the 1921 Act | 26 | | was in effect
prior to January 1, 1950, from whose salary |
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| 1 | | deductions are first made under
the 1921 Act or this Article | 2 | | after December 31, 1949, any period of service
rendered | 3 | | subsequent to the effective date and prior to the date he | 4 | | became
an employee and contributor, shall not be counted as a | 5 | | period of service
under this Article,
except such period for | 6 | | which he made payment as
provided in Section 8-230 of this | 7 | | Article, in which case such period shall
be counted as a period | 8 | | of service for all annuity purposes hereunder.
| 9 | | In computing the term of service of an employee subsequent | 10 | | to the day
before the effective date for ordinary disability | 11 | | benefit purposes, all
periods described in the preceding | 12 | | paragraph, except any such period for
which he receives | 13 | | ordinary disability benefit, shall be counted as periods
of | 14 | | service; provided, that for any person employed by an employer | 15 | | in which
this Article was in effect prior to January 1, 1950, | 16 | | from whose salary
deductions are first made under this Article | 17 | | after December 31, 1949, any
period of service rendered | 18 | | subsequent to the effective date and prior to
the date he | 19 | | became an employee and contributor, shall not be counted as a
| 20 | | period of service for ordinary disability benefit purposes, | 21 | | unless the person
made payment for the period as provided in | 22 | | Section 8-230 of this Article, in
which case the period shall | 23 | | be counted as a period of service for ordinary
disability | 24 | | purposes for periods of disability on or after the effective | 25 | | date of
this amendatory Act of 1997.
| 26 | | Overtime or extra service shall not be included in |
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| 1 | | computing any term of
service. Not more than 1 year of service | 2 | | shall be allowed for service
rendered during any calendar year.
| 3 | | (Source: P.A. 90-511, eff. 8-22-97.)
| 4 | | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| 5 | | Sec. 11-215. Computation of service.
| 6 | | (a) In computing the term of service of an employee prior | 7 | | to the effective
date, the entire period beginning on the date | 8 | | he was first appointed and ending
on the day before the | 9 | | effective date, except any intervening period during
which he | 10 | | was separated by withdrawal from service, shall be counted for | 11 | | all
purposes of this Article. Only the first year of each | 12 | | period of lay-off or
leave of absence without pay, continuing | 13 | | or extending for a period in excess
of one year, shall be | 14 | | counted as such service.
| 15 | | (b) For a person employed by an employer for whom this | 16 | | Article was in effect
prior to August 1, 1949, from whose | 17 | | salary deductions are first made under
this Article after July | 18 | | 31, 1949, any period of service rendered prior to
the effective | 19 | | date, unless he was in service on the day before the
effective | 20 | | date, shall not be counted as service.
| 21 | | (c) In computing the term of service of an employee | 22 | | subsequent to the day
before the effective date, the following | 23 | | periods of time shall be counted
as periods of service for | 24 | | annuity purposes:
| 25 | | (1) the time during which he performed the duties of |
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| 1 | | his position;
| 2 | | (2) leaves of absence with whole or part pay, and | 3 | | leaves of absence
without pay not longer than 90 days;
| 4 | | (3) leaves of absence without pay during which a | 5 | | participant is
employed full-time by a local labor | 6 | | organization that represents municipal
employees, provided | 7 | | that (A) the participant continues to make employee
| 8 | | contributions to the Fund as though he were an active | 9 | | employee, based
on the regular salary rate received by the
| 10 | | participant for his municipal employment immediately prior | 11 | | to such leave of
absence (and in the case of such | 12 | | employment prior to December 9, 1987,
pays to the Fund an | 13 | | amount equal to the employee contributions for such
| 14 | | employment plus regular interest thereon as calculated by | 15 | | the board), and
based on his current salary with such labor | 16 | | organization after the
effective date of this amendatory | 17 | | Act of 1991, (B) after January 1, 1989
the participant, or | 18 | | the labor organization on the participant's behalf,
makes | 19 | | contributions to the Fund as though it were the employer, | 20 | | in the same
amount and same manner as specified under this | 21 | | Article, based on the
regular salary rate received by the | 22 | | participant for his municipal
employment immediately prior | 23 | | to such leave of absence, and
based on his current salary | 24 | | with such labor organization after the
effective date of | 25 | | this amendatory Act of 1991, and (C)
the participant does
| 26 | | not receive credit in any pension plan established by the |
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| 1 | | local labor
organization based on his employment by the | 2 | | organization , including, but not limited to, pension plans | 3 | | established by the local labor organization, the national | 4 | | labor organization, or the international labor | 5 | | organization ;
| 6 | | (4) any period of disability for which he received (i) | 7 | | a disability
benefit under this Article, or (ii) a | 8 | | temporary total disability benefit
under the Workers' | 9 | | Compensation Act if the disability results from a
condition | 10 | | commonly termed heart attack or stroke or any other | 11 | | condition
falling within the broad field of coronary | 12 | | involvement or heart disease,
or (iii) whole or part pay.
| 13 | | (d) For a person employed by an employer, or the retirement | 14 | | board, in which
"The 1935 Act" was in effect prior to August 1, | 15 | | 1949, from whose salary
deductions are first made under "The | 16 | | 1935 Act" or this Article after July
31, 1949, any period of | 17 | | service rendered subsequent to the effective date
and prior to | 18 | | August 1, 1949, shall not be counted as a period of service
| 19 | | under this Article, except such period for which he made | 20 | | payment, as
provided in Section 11-221 of this Article, in | 21 | | which case such period
shall be counted as a period of service | 22 | | for all annuity purposes hereunder.
| 23 | | (e) In computing the term of service of an employee | 24 | | subsequent to the day
before the effective date for ordinary | 25 | | disability benefit purposes, the
following periods of time | 26 | | shall be counted as periods of service:
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| 1 | | (1) any period during which he performed the duties of | 2 | | his position;
| 3 | | (2) leaves of absence with whole or part pay;
| 4 | | (3) any period of disability for which he received (i)
| 5 | | a duty disability benefit under this Article, or (ii) a | 6 | | temporary total
disability benefit under the Workers' | 7 | | Compensation Act if the disability
results from a condition | 8 | | commonly termed heart attack or stroke or any
other | 9 | | condition falling within the broad field of coronary | 10 | | involvement or
heart disease, or (iii) whole or part pay.
| 11 | | However, any period of service rendered by an employee | 12 | | contributor prior to
the date he became a contributor to the | 13 | | fund shall not be counted as a
period of service for ordinary | 14 | | disability purposes, unless the person
made payment for the | 15 | | period as provided in Section 11-221 of this Article, in
which | 16 | | case the period shall be counted as a period of service for | 17 | | ordinary
disability purposes for periods of disability on or | 18 | | after the effective date of
this amendatory Act of 1997.
| 19 | | Overtime or extra service shall not be included in | 20 | | computing any term of
service. Not more than 1 year of service | 21 | | shall be allowed for service
rendered during any calendar year.
| 22 | | (Source: P.A. 90-511, eff. 8-22-97.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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