Full Text of SB1479 96th General Assembly
SB1479 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1479
Introduced 2/18/2009, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/14-105 |
from Ch. 108 1/2, par. 14-105 |
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Amends the State Employee Article of the Illinois Pension Code. Provides service credit for up to 5 days of
voluntary or involuntary furlough used to address a State fiscal
emergency. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB1479 |
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LRB096 07978 AMC 18082 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 14-105 as follows:
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| (40 ILCS 5/14-105) (from Ch. 108 1/2, par. 14-105)
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| Sec. 14-105. Service credit for which contributions are not | 8 |
| required.
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| (a) Each employee in service on December 31, 1943, or then | 10 |
| on leave of
absence not in conflict with Civil Service rules, | 11 |
| if such leave had not
extended for more than one year | 12 |
| continuously, or who is otherwise entitled
to prior service | 13 |
| credit, who becomes a member shall file with the board
on a | 14 |
| form supplied by it, a detailed statement of all service | 15 |
| rendered prior
to January 1, 1944, for which credit is claimed.
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| Upon verification thereof, the board shall issue a prior | 17 |
| service certificate
certifying length of prior service. A prior | 18 |
| service certificate shall be
conclusive so long as membership | 19 |
| continues, provided, that a member may,
within one year from | 20 |
| the date of original issuance of the certificate or
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| modification thereof, request the board to modify or correct | 22 |
| the certificate.
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| When membership ceases, a prior service certificate shall |
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LRB096 07978 AMC 18082 b |
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| become void,
and shall be revived only under the conditions | 2 |
| specified in this Article.
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| In the computation of prior service, the following schedule | 4 |
| shall govern:
9 months of service or more during any fiscal | 5 |
| year constitutes a year of
service; 6 to 9 months, 3/4 of a | 6 |
| year; 3 to 6 months, 1/2 year; less than
3 months shall not be | 7 |
| considered. Credit shall not be allowed for any period
of | 8 |
| absence without compensation or for less than 15 days service | 9 |
| in any
month, nor shall more than one year of service be | 10 |
| creditable for all service
rendered in any one fiscal year.
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| (b) Any member shall receive credit for military service | 12 |
| provided all
of the following conditions are met:
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| (1) the member was a State employee within 6 months | 14 |
| immediately prior
to entry into military service;
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| (2) the member returns as a State employee within 15 | 16 |
| months after his
unconditional discharge other than by | 17 |
| dishonorable discharge; and
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| (3) the member establishes creditable service for | 19 |
| State employment
immediately prior to and following the | 20 |
| military service.
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| The total amount of creditable military service for any | 22 |
| member during
his entire term of service shall not exceed 5 | 23 |
| years in the aggregate, except
that any member who on July 1, | 24 |
| 1963, had accrued more than 5 years of such
credit shall be | 25 |
| entitled to the total amount of such accrued credit.
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| (c) Any active member of the System who (1) was earning |
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| eligible
creditable service under subdivision (b)(12) of | 2 |
| Section 14-110 on January
1, 1992, and (2) has at least 17 | 3 |
| years of creditable service under Article
5, and (3) is | 4 |
| eligible to transfer that creditable service to this System
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| under subsection (c) of Section 5-236 of this Code, and (4) | 6 |
| applies in
writing for transfer of that creditable service to | 7 |
| this System within 30
days after the effective date of this | 8 |
| amendatory Act of 1993, shall receive
eligible creditable | 9 |
| service in this System for that creditable service upon
receipt | 10 |
| by this System of the amounts transferred under Section 5-236. | 11 |
| No
additional contributions shall be required for the | 12 |
| transferred service.
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| (d) Any active member of the system who (1) was earning | 14 |
| eligible
creditable service under subdivision (b)(5) of | 15 |
| Section 14-110 on January 1,
1992, and (2) has no more than 7 | 16 |
| years of creditable service as a municipal
conservator of the | 17 |
| peace under Article 7, and (3) is eligible to transfer
that | 18 |
| creditable service to this System under subsection (a) of | 19 |
| Section
7-139.7 of this Code, and (4) makes written | 20 |
| notification to this System by
January 31, 1994, shall receive | 21 |
| eligible creditable service in this System
for that service | 22 |
| upon receipt by this System of the amounts transferred
under | 23 |
| Section 7-139.7. No additional contributions shall be required | 24 |
| for
the transferred service.
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| (e) Any member may establish creditable service and | 26 |
| earnings credit
for a period of voluntary or involuntary |
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| furlough, not exceeding 5 days,
beginning on or after December | 2 |
| 1, 2001 and ending before January 1, 2003, that
is utilized as | 3 |
| a means of addressing a State fiscal emergency. To receive
this | 4 |
| credit, the member must apply in writing to the System or the | 5 |
| member's
employer before July 1, 2005. No additional | 6 |
| contribution is required for
this credit.
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| (f) Any member may establish creditable service and | 8 |
| earnings credit
for a period of voluntary or involuntary | 9 |
| furlough, not exceeding 5 days,
beginning on or after July 1, | 10 |
| 2008 and ending on or before June 30, 2009, that
is utilized as | 11 |
| a means of addressing a State fiscal emergency. To receive
this | 12 |
| credit, the member must apply in writing to the System or the | 13 |
| member's
employer before July 1, 2012. No additional | 14 |
| contribution is required for
this credit. | 15 |
| (Source: P.A. 92-566, eff. 6-25-02.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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