State of Illinois
91st General Assembly
Legislation

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91_HB2367

 
                                               LRB9105304EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 18-112.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 18-112 as follows:

 7        (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
 8        Sec.  18-112.  Service.   "Service": The period beginning
 9    on the day a person first became a judge,  whether  prior  or
10    subsequent  to  the  effective  date,  and ending on the date
11    under consideration, excluding all intervening periods during
12    which he or she was not  a  judge  following  resignation  or
13    expiration of any term of election or appointment.
14        Service also includes the following:
15        (a)  Any  period  prior to January 1, 1964 during which a
16    judge served as a justice of the peace, police magistrate  or
17    master  in  chancery,  or as a civil referee, commissioner or
18    trial assistant to the chief judge in the Municipal Court  of
19    Chicago,  or performed judicial duties as an assistant to the
20    judge of the Probate Court of Cook County.  A judge shall  be
21    entitled to credit for all or as much as the judge may desire
22    of  such  service, not exceeding 8 years, upon payment of the
23    participant's  contribution  covering  such  service  at  the
24    contribution rates in effect on July 1, 1969,  together  with
25    interest  at 4% per annum compounded annually, from the dates
26    the service was rendered to the  date  of  payment,  provided
27    credit  for  such  service had not been granted in any public
28    pension fund or retirement system in the State.  The required
29    contributions shall be based  upon  the  rate  of  salary  in
30    effect for the judge on the date he or she entered the system
31    or on January 1, 1964, whichever is later.
 
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 1        (b)  Service   rendered  after  January  1,  1964,  as  a
 2    holdover magistrate or master  in  chancery  of  the  Circuit
 3    Court.  A judge shall be entitled to credit for any period of
 4    such service, not exceeding a total of 8 years, together with
 5    the  period  of  service taken into account in paragraph (a).
 6    Service credit under this paragraph is subject  to  the  same
 7    contribution  requirements  and  other  limitations  that are
 8    prescribed for service credit under paragraph (a).
 9        (c)  Any period that a participant served as a member  of
10    the General Assembly, subject to the following conditions:
11        (1)  He  or she has been a participant in this system for
12    at least 4 years  and  has  contributed  to  the  system  for
13    service   rendered  as  a  member  of  the  General  Assembly
14    subsequent to November 1, 1941, at the contribution rates  in
15    effect  for  a  judge  on the date of becoming a participant,
16    including interest at 3% per annum compounded  annually  from
17    the  date  such  service was rendered to the date of payment,
18    based on the salary in effect during such period of  service;
19    and
20        (2)  The  participant  is not entitled to credit for such
21    service in any other public retirement system in the State.
22        (d)  Any period  a  participant  served  as  a  judge  or
23    commissioner  of  the  Court  of  Claims  of this State after
24    November 1, 1941, provided  he  or  she  contributes  to  the
25    system  at  the  contribution  rates in effect on the date of
26    becoming a participant, based on salary received during  such
27    service,  including  interest  at  3%  per  annum  compounded
28    annually  from the date such service was rendered to the date
29    of payment.
30        (e)  Any period that  a  participant  served  as  State's
31    Attorney  or  Public  Defender  of  any county of this State,
32    subject to the following conditions: (1) such service was not
33    credited under any public pension fund or retirement  system;
34    (2)  the  maximum service to be credited in this system shall
 
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 1    be 8 years; (3) the participant must have at least 6 years of
 2    service as a judge and as a participant of this  system;  and
 3    (4)  the participant has made contributions to the system for
 4    such service at the contribution rates in effect on the  date
 5    of  becoming  a  participant  in  this  system based upon the
 6    salary of the judge on such date, including  interest  at  4%
 7    per  annum  compounded annually from such date to the date of
 8    payment.
 9        A judge who terminated service before  January  26,  1988
10    and  whose retirement annuity began after January 1, 1988 may
11    establish  credit  for  service  as  a  Public  Defender   in
12    accordance  with  the  other provisions of this subsection by
13    making application and paying the required  contributions  to
14    the  Board  not later than 30 days after August 23, 1989.  In
15    such  cases,  the  Board  shall  recalculate  the  retirement
16    annuity, effective on the first  day  of  the  next  calendar
17    month  beginning  at  least  30 days after the application is
18    received.
19        (f)  Except as otherwise provided under  subsection  (g),
20    any  period as a participating policeman, employee or teacher
21    under Article 5, 14 or  16  of  this  Code,  subject  to  the
22    following  conditions:  (1) the credits accrued under Article
23    5, 14 or 16 have been transferred to this system; and (2) the
24    participant has contributed to the system an amount equal  to
25    (A)  contributions  at the rate in effect for participants at
26    the date of membership in this system based upon  the  salary
27    of  the  judge  on such date, (B) the employer's share of the
28    normal cost under this system for each year  that  credit  is
29    being  established, based on the salary in effect at the date
30    of membership in this system, and  (C)  interest  at  6%  per
31    annum,  compounded  annually,  from the date of membership to
32    the date of payment;  less  (D)  the  amount  transferred  on
33    behalf of the participant from Article 5, 14 or 16.
34        (g)  Any   period   that  a  participant  served  as  the
 
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 1    Administrative Director of the Circuit Court of Cook  County,
 2    as  Executive  Director  of  the  Home  Rule  Commission,  as
 3    assistant  corporation counsel in the Chicago Law Department,
 4    or as an employee of the Cook County  Treasurer,  or  as  the
 5    Legal Adviser of the State Board of Education, subject to the
 6    following  conditions: (1) the maximum amount of such service
 7    which may be credited is 10 years (11 years in  the  case  of
 8    service as the Legal Adviser of the State Board of Education)
 9    ;  (2)  in order to qualify for such credit in this system, a
10    judge must have at least 6 years of service as  a  judge  and
11    participant  of  this system; (3) the last 6 years of service
12    credited in this system shall be as a judge and a participant
13    in this system; (4) credits accrued to the participant  under
14    any  other public pension fund or public retirement system in
15    the State, if any, by reason of the service to be established
16    under this paragraph (g) has been transferred to this system;
17    (4.5) in the case of service as  the  Legal  Adviser  of  the
18    State  Board  of Education, application is made in writing to
19    the board of the system before July  1,  2001;  and  (5)  the
20    participant  has  contributed  to  this system the amount, if
21    any, by which the amount transferred pursuant to  subdivision
22    (4)  of this paragraph, if any, is less than the amount which
23    the participant would have contributed to the  system  during
24    the  period  of  time  being  counted  as  service under this
25    paragraph had the participant been a judge  participating  in
26    this   system   during  that  time,  based  on  the  rate  of
27    contribution  in  effect  and  the  salary  earned   by   the
28    participant  on the date he or she became a participant, with
29    interest accruing on such deficiency at  a  rate  of  5%  per
30    annum  from  the  date he or she became a participant through
31    the date on which such deficiency is paid.
32        (h)  Any period that a participant served as a  full-time
33    attorney employed by the Chicago Transit Authority created by
34    the  Metropolitan  Transit  Authority  Act,  subject  to  the
 
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 1    following  conditions:  (1)  any  credit  received  for  such
 2    service  in the pension fund established under Section 22-101
 3    has been terminated; (2) the maximum amount of  such  service
 4    to  be  credited  in  this  system shall be 10 years; (3) the
 5    participant must have at least 6 years of service as a  judge
 6    and  as a participant of this system; and (4) the participant
 7    has made contributions to the system for such service at  the
 8    contribution  rates  in  effect  on  the  date  of becoming a
 9    participant in this system based upon the salary of the judge
10    on such date, including interest at 5% per  annum  compounded
11    annually from such date to the date of payment.
12        (i)  Any  period  during  which  a  participant  received
13    temporary  total  disability benefit payments, as provided in
14    Section 18-126.1.
15        Service during a fraction of a month shall be  considered
16    a  month  of  service,  but no more than one month of service
17    shall be credited for all service during any calendar month.
18    (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)

19        Section 99. Effective date.  This Act takes  effect  upon
20    becoming law.

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