State of Illinois
92nd General Assembly
Legislation

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92_SB0738

 
                                               LRB9204144LDcs

 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 14-104 as follows:

 6        (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
 7        Sec.  14-104.  Service for which contributions permitted.
 8    Contributions provided for in this Section  shall  cover  the
 9    period  of  service granted.  Except as otherwise provided in
10    this Section, the  contributions  shall  be  based  upon  the
11    employee's  compensation  and  contribution rate in effect on
12    the date he last became a member of the System; provided that
13    for all employment prior to January 1, 1969 the  contribution
14    rate shall be that in effect for a noncovered employee on the
15    date  he  last  became  a  member  of  the System.  Except as
16    otherwise provided in this Section,  contributions  permitted
17    under  this  Section  shall include regular interest from the
18    date an employee last became a member of the  System  to  the
19    date of payment.
20        These   contributions   must   be  paid  in  full  before
21    retirement either in a lump sum or in installment payments in
22    accordance with such rules as may be adopted by the board.
23        (a)  Any member may make  contributions  as  required  in
24    this  Section  for  any  period of service, subsequent to the
25    date of establishment, but prior to the date of membership.
26        (b)  Any employee who had been previously  excluded  from
27    membership  because  of  age at entry and subsequently became
28    eligible may elect to make contributions as required in  this
29    Section  for  the  period  of  service  during  which  he was
30    ineligible.
31        (c)  An employee of  the  Department  of  Insurance  who,
 
                            -2-                LRB9204144LDcs
 1    after  January  1,  1944  but  prior to becoming eligible for
 2    membership, received salary from funds of insurance companies
 3    in the process of rehabilitation,  liquidation,  conservation
 4    or  dissolution,  may elect to make contributions as required
 5    in this Section for such service.
 6        (d)  Any employee who rendered service in a State  office
 7    to  which he was elected, or rendered service in the elective
 8    office of Clerk of the Appellate Court prior to the  date  he
 9    became  a  member, may make contributions for such service as
10    required  in  this  Section.   Any  member  who   served   by
11    appointment  of  the  Governor under the Civil Administrative
12    Code of Illinois and did not participate in this  System  may
13    make  contributions  as  required  in  this  Section for such
14    service.
15        (e)  Any person employed by the United States  government
16    or any instrumentality or agency thereof from January 1, 1942
17    through  November  15,  1946 as the result of a transfer from
18    State service by executive order  of  the  President  of  the
19    United  States  shall  be  entitled  to  prior service credit
20    covering the period from January 1, 1942 through December 31,
21    1943 as provided  for  in  this  Article  and  to  membership
22    service  credit   for the period from January 1, 1944 through
23    November 15, 1946 by making  the  contributions  required  in
24    this  Section.   A  person so employed on January 1, 1944 but
25    whose employment began after January 1, 1942 may qualify  for
26    prior  service  and  membership service credit under the same
27    conditions.
28        (f)  An employee of the Department of Labor of the  State
29    of   Illinois  who  performed  services  for  and  under  the
30    supervision of that Department prior to January 1,  1944  but
31    who  was  compensated  for those services directly by federal
32    funds and not by a warrant of the Auditor of Public  Accounts
33    paid  by  the  State  Treasurer may establish credit for such
34    employment by  making  the  contributions  required  in  this
 
                            -3-                LRB9204144LDcs
 1    Section.  An employee of the Department of Agriculture of the
 2    State of Illinois, who performed services for and  under  the
 3    supervision of that Department prior to June 1, 1963, but was
 4    compensated  for those services directly by federal funds and
 5    not paid by a warrant of the Auditor of Public Accounts  paid
 6    by  the  State  Treasurer,  and who did not contribute to any
 7    other public employee retirement system for such service, may
 8    establish  credit  for  such   employment   by   making   the
 9    contributions required in this Section.
10        (g)  Any  employee  who  executed  a waiver of membership
11    within 60 days prior to January 1,  1944  may,  at  any  time
12    while  in  the service of a department, file with the board a
13    rescission of such waiver.   Upon  making  the  contributions
14    required  by  this  Section,  the member shall be granted the
15    creditable service that  would  have  been  received  if  the
16    waiver had not been executed.
17        (h)  Until May 1, 1990, an employee who was employed on a
18    full-time  basis  by  a  regional  planning commission for at
19    least 5 continuous years may establish creditable service for
20    such employment by making the  contributions  required  under
21    this  Section,  provided  that  any  credits  earned  by  the
22    employee  in  the  commission's  retirement  plan  have  been
23    terminated.
24        (i)  Any   person  who  rendered  full  time  contractual
25    services to the General Assembly as a member of a legislative
26    staff may establish service credit for up to 8 years of  such
27    services  by  making  the  contributions  required under this
28    Section, provided that application therefor is made not later
29    than July 1, 1991.
30        (j)  By paying the contributions otherwise required under
31    this Section, plus an amount determined by the  Board  to  be
32    equal  to  the  employer's  normal  cost  of the benefit plus
33    interest, an employee may  establish  service  credit  for  a
34    period  of up to 2 years spent in active military service for
 
                            -4-                LRB9204144LDcs
 1    which he does not qualify for credit  under  Section  14-105,
 2    provided  that  (1)  he  was not dishonorably discharged from
 3    such military service, and (2) the amount of  service  credit
 4    established by a member under this subsection (j), when added
 5    to  the  amount  of  military  service  credit granted to the
 6    member under subsection (b)  of  Section  14-105,  shall  not
 7    exceed 5 years.
 8        (k)  An employee who was employed on a full-time basis by
 9    the   Illinois   State's   Attorneys   Association  Statewide
10    Appellate Assistance Service LEAA-ILEC grant project prior to
11    the time that project became the State's Attorneys  Appellate
12    Service  Commission,  now the Office of the State's Attorneys
13    Appellate Prosecutor, an  agency  of  State  government,  may
14    establish  creditable  service  for  not  more than 60 months
15    service for such employment by making contributions  required
16    under this Section.
17        (l)  By paying the contributions otherwise required under
18    this  Section,  plus  an amount determined by the Board to be
19    equal to the employer's  normal  cost  of  the  benefit  plus
20    interest,  a  member may establish service credit for periods
21    of less than one year spent on authorized  leave  of  absence
22    from  service, provided that (1) the period of leave began on
23    or after January 1, 1982 and (2) any  credit  established  by
24    the  member  for  the  period  of  leave  in any other public
25    employee retirement system has been terminated.  A member may
26    establish service credit under this subsection for more  than
27    one  period  of  authorized leave, and in that case the total
28    period of service credit established by the member under this
29    subsection  may  exceed  one  year.    In   determining   the
30    contributions  required for establishing service credit under
31    this subsection, the interest shall be  calculated  from  the
32    beginning of the leave of absence to the date of payment.
33        (m)  Any  person  who  rendered contractual services to a
34    member of the General Assembly as a worker  in  the  member's
 
                            -5-                LRB9204144LDcs
 1    district  office may establish creditable service for up to 3
 2    years  of  those   contractual   services   by   making   the
 3    contributions  required under this Section.  The System shall
 4    determine a full-time salary equivalent for  the  purpose  of
 5    calculating  the  required contribution.  To establish credit
 6    under this subsection, the applicant must apply to the System
 7    by March 1, 1998.
 8        (n)  Any person who rendered contractual  services  to  a
 9    member   of  the  General  Assembly  as  a  worker  providing
10    constituent services to persons in the member's district  may
11    establish  creditable  service  for  up  to  8 years of those
12    contractual services by  making  the  contributions  required
13    under  this  Section.  The System shall determine a full-time
14    salary equivalent for the purpose of calculating the required
15    contribution.  To establish credit under this subsection, the
16    applicant must apply to the System by March 1, 1998.
17        (o)  A  member   who   participated   in   the   Illinois
18    Legislative Staff Internship Program may establish creditable
19    service  for  up  to one year of that participation by making
20    the contribution required under this  Section.    The  System
21    shall determine a full-time salary equivalent for the purpose
22    of  calculating the required contribution.  Credit may not be
23    established under this subsection for any  period  for  which
24    service  credit  is  established under any other provision of
25    this Code.
26        (p)  By paying the contributions otherwise required under
27    this Section, plus an amount determined by the  Board  to  be
28    equal  to  the  employer's  normal  cost  of the benefit plus
29    interest, an employee may  establish  service  credit  for  a
30    period  of  up to 8 years during which he or she was employed
31    by the Visually Handicapped Managers of Illinois in a vending
32    program operated  under  a  contractual  agreement  with  the
33    Department of Rehabilitation Services.
34    (Source: P.A.  90-32,  eff.  6-27-97;  90-448,  eff. 8-16-97;
 
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 1    90-511, eff. 8-22-97;  90-655,  eff.  7-30-98;  90-766,  eff.
 2    8-14-98.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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