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| Public Act 102-0742 | ||||
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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 Section 11-215 as follows:
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(40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
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Sec. 11-215. Computation of service.
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(a) In computing the term of service of an employee prior | ||||
to the effective
date, the entire period beginning on the date | ||||
he was first appointed and ending
on the day before the | ||||
effective date, except any intervening period during
which he | ||||
was separated by withdrawal from service, shall be counted for | ||||
all
purposes of this Article. Only the first year of each | ||||
period of lay-off or
leave of absence without pay, continuing | ||||
or extending for a period in excess
of one year, shall be | ||||
counted as such service.
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(b) For a person employed by an employer for whom this | ||||
Article was in effect
prior to August 1, 1949, from whose | ||||
salary deductions are first made under
this Article after July | ||||
31, 1949, any period of service rendered prior to
the | ||||
effective date, unless he was in service on the day before the
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effective date, shall not be counted as service.
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(c) In computing the term of service of an employee | ||||
subsequent to the day
before the effective date, the following | ||
periods of time shall be counted
as periods of service for | ||
annuity purposes:
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(1) the time during which he performed the duties of | ||
his position;
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(2) leaves of absence with whole or part pay, and | ||
leaves of absence
without pay not longer than 90 days;
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(3) leaves of absence without pay that begin before | ||
the effective date of this amendatory Act of the 97th | ||
General Assembly and during which a participant is
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employed full-time by a local labor organization that | ||
represents municipal
employees, provided that: | ||
(A) the participant continues to make employee
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contributions to the Fund as though he were an active | ||
employee, based
on the regular salary rate received by | ||
the
participant for his municipal employment | ||
immediately prior to such leave of
absence (and in the | ||
case of such employment prior to December 9, 1987,
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pays to the Fund an amount equal to the employee | ||
contributions for such
employment plus regular | ||
interest thereon as calculated by the board), and
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based on his current salary with such labor | ||
organization after the
effective date of this | ||
amendatory Act of 1991; , | ||
(B) after January 1, 1989
the participant, or the | ||
labor organization on the participant's behalf,
makes | ||
contributions to the Fund as though it were the | ||
employer, as follows: | ||
(i) after January 1, 1989 and prior to levy | ||
year 2017, in the same
amount and same manner as | ||
specified under this Article, based on the
regular | ||
salary rate received by the participant for his | ||
municipal
employment immediately prior to such | ||
leave of absence, and
based on his current salary | ||
with such labor organization after the
effective | ||
date of this amendatory Act of 1991; | ||
(ii) beginning in levy year 2017 and until the | ||
effective date of this amendatory Act of the 102nd | ||
General Assembly, in an amount equal to the | ||
contribution by the participant under subparagraph | ||
(A) of this paragraph; and | ||
(iii) on and after the effective date of this | ||
amendatory Act of the 102nd General Assembly, in | ||
an amount equal to the difference between the | ||
contribution by the participant under subparagraph | ||
(A) of this paragraph and the normal cost, which | ||
shall be calculated by the Fund's actuary on an | ||
aggregate basis specific to the participant's Tier | ||
based on the Fund's most recent actuarial | ||
valuation and shall be effective on each July 1 | ||
after the Board certifies the amount of the | ||
contribution to the participant; , and | ||
(C)
the participant does
not receive credit in any | ||
pension plan established by the local labor
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organization based on his employment by the | ||
organization;
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(4) any period of disability for which he received (i) | ||
a disability
benefit under this Article, or (ii) a | ||
temporary total disability benefit
under the Workers' | ||
Compensation Act if the disability results from a
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condition commonly termed heart attack or stroke or any | ||
other condition
falling within the broad field of coronary | ||
involvement or heart disease,
or (iii) whole or part pay.
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(d) For a person employed by an employer, or the | ||
retirement board, in which
"The 1935 Act" was in effect prior | ||
to August 1, 1949, from whose salary
deductions are first made | ||
under "The 1935 Act" or this Article after July
31, 1949, any | ||
period of service rendered subsequent to the effective date
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and prior to August 1, 1949, shall not be counted as a period | ||
of service
under this Article, except such period for which he | ||
made payment, as
provided in Section 11-221 of this Article, | ||
in which case such period
shall be counted as a period of | ||
service for all annuity purposes hereunder.
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(e) In computing the term of service of an employee | ||
subsequent to the day
before the effective date for ordinary | ||
disability benefit purposes, the
following periods of time | ||
shall be counted as periods of service:
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(1) any period during which he performed the duties of | ||
his position;
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(2) leaves of absence with whole or part pay;
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(3) any period of disability for which he received (i)
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a duty disability benefit under this Article, or (ii) a | ||
temporary total
disability benefit under the Workers' | ||
Compensation Act if the disability
results from a | ||
condition commonly termed heart attack or stroke or any
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other condition falling within the broad field of coronary | ||
involvement or
heart disease, or (iii) whole or part pay.
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However, any period of service rendered by an employee | ||
contributor prior to
the date he became a contributor to the | ||
fund shall not be counted as a
period of service for ordinary | ||
disability purposes, unless the person
made payment for the | ||
period as provided in Section 11-221 of this Article, in
which | ||
case the period shall be counted as a period of service for | ||
ordinary
disability purposes for periods of disability on or | ||
after the effective date of
this amendatory Act of 1997.
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Overtime or extra service shall not be included in | ||
computing any term of
service. Not more than 1 year of service | ||
shall be allowed for service
rendered during any calendar | ||
year.
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For the purposes of this Section, the phrase "any pension | ||
plan established by the local labor organization" means any | ||
pension plan in which a participant may receive credit as a | ||
result of his or her membership in the local labor | ||
organization, including, but not limited to, the local labor | ||
organization itself and its affiliates at the local, | ||
intrastate, State, multi-state, national, or international | ||
level. The definition of this phrase is a declaration of | ||
existing law and shall not be construed as a new enactment. | ||
(Source: P.A. 97-651, eff. 1-5-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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