Public Act 094-0612
 		





HB0227 Enrolled
LRB094 05051 AMC 35086 b






    AN ACT in relation to public employee benefits. 

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


 
    Section 5. The Illinois Pension Code is amended by changing 
Sections 8-152 and 14-104 and adding Section 8-152.1 as 
follows:


 



    (40 ILCS 5/8-152)
  (from Ch. 108 1/2, par. 8-152)



    Sec. 8-152. Widows or former wives not entitled to annuity. 
Except as
provided in Section 8-152.1, the following widows or 
former wives of
employees have no right to annuity from the 
fund:

    (a) The widow, married subsequent to the effective date, of 
an
employee who dies in service if she was not married to him 
before he
attained age 65;

    (b) The widow, married subsequent to the effective date, of 
an
employee who withdraws from service whether or not he enters 
upon
annuity, and who dies while out of service, if she was not 
his wife
while he was in service and before he attained age 65;

    (c) The widow of an employee with 10 or more years of 
service whose
death occurs out of and after he has withdrawn 
from service, and who has
received a refund of his 
contributions for
annuity purposes;

    (d) The widow of an employee with less than 10 years of 
service who
dies out of service after he has withdrawn from 
service before he
attained age 60;

    (e) The former wife of an employee whose judgment of 
dissolution of
marriage has been vacated or set aside after the 
employee's death,
unless the proceedings to vacate or set aside 
the judgment were filed in
court within 5 years after the entry 
thereof and within one year after
the employee's death, and 
unless the board is made a party defendant to
such proceedings.

(Source: P.A. 81-1536.)


 



    (40 ILCS 5/8-152.1 new)




    Sec. 8-152.1. Widow's annuity for widow married to member 
for at
least 10 years.  Notwithstanding Section 8-152 or any 
other provision of this
Code to the contrary, if (1) a member 
has a spouse who would have qualified for a minimum annuity for 
widows under Section 8-150.1 at the time of the member's 
retirement, (2) the qualifying spouse dies, (3) the member 
subsequently remarries, and (4) the member does  not receive a 
refund under
Section 8-169, then the member's widow shall be 
entitled to a widow's annuity
if (i) the member dies after May 
1, 2004 and before November 1, 2004 and (ii) the widow was 
married to the member for at least the last 10 years prior to 
the
member's death. A widow who elects to receive a widow's 
annuity under this Section is thereafter ineligible to receive 
any other survivor's benefit under this Article. A widow who is 
receiving any survivor's benefit under this Article is 
thereafter ineligible to receive a widow's annuity under this 
Section. If a widow who is receiving a widow's annuity under 
this Section remarries, then the benefits paid to that widow 
shall be terminated effective on the last day of the month in 
which the widow remarries. To establish credit under this 
Section, the widow must apply to the Fund on or before July 1, 
2006.


 
    (40 ILCS 5/14-104)  (from Ch. 108 1/2, par. 14-104)

    Sec. 14-104. Service for which contributions permitted.

Contributions provided for in this Section shall cover the 
period of
service granted.  Except as otherwise provided in this 
Section, the
contributions shall be based upon the employee's 
compensation and
contribution rate in effect on the date he 
last became a member of the
System; provided that for all 
employment prior to January 1, 1969 the
contribution rate shall 
be that in effect for a noncovered employee on
the date he last 
became a member of the System.  Except as otherwise provided
in 
this Section, contributions permitted under this Section shall 
include
regular interest from the date an employee last became 
a member of the System
to the date of payment.


    These contributions must be paid in full before retirement 
either in
a lump sum or in installment payments in accordance 
with such rules as
may be adopted by the board.


    (a) Any member may make contributions as required in this 
Section
for any period of service, subsequent to the date of 
establishment, but
prior to the date of membership.


    (b) Any employee who had been previously excluded from 
membership
because of age at entry and subsequently became 
eligible may elect to
make contributions as required in this 
Section for the period of service
during which he was 
ineligible.


    (c) An employee of the Department of Insurance who, after 
January 1,
1944 but prior to becoming eligible for membership, 
received salary from
funds of insurance companies in the 
process of rehabilitation,
liquidation, conservation or 
dissolution, may elect to make
contributions as required in 
this Section for such service.


    (d) Any employee who rendered service in a State office to 
which he
was elected, or rendered service in the elective 
office of Clerk of the
Appellate Court prior to the date he 
became a member, may make
contributions for such service as 
required in this Section.  Any member
who served by appointment 
of the Governor under the Civil Administrative
Code of Illinois 
and did not participate in this System may make
contributions 
as required in this Section for such service.


    (e) Any person employed by the United States government or 
any
instrumentality or agency thereof from January 1, 1942 
through November
15, 1946 as the result of a transfer from 
State service by executive
order of the President of the United 
States shall be entitled to prior
service credit covering the 
period from January 1, 1942 through December
31, 1943 as 
provided for in this Article and to membership service
credit  
for the period from January 1, 1944 through November 15, 1946 
by
making the contributions required in this Section.  A person 
so employed
on January 1, 1944 but whose employment began after 
January 1, 1942 may
qualify for prior service and membership 
service credit under the same
conditions.


    (f) An employee of the Department of Labor of the State of 
Illinois who
performed services for and under the supervision 
of that Department
prior to January 1, 1944 but who was 
compensated for those services
directly by federal funds and 
not by a warrant of the Auditor of Public
Accounts paid by the 
State Treasurer may establish credit for such
employment by 
making the contributions required in this Section. An
employee 
of the Department of Agriculture of the State of Illinois, who

performed services for and under the supervision of that 
Department
prior to June 1, 1963, but was compensated for those 
services directly
by federal funds and not paid by a warrant of 
the Auditor of Public
Accounts paid by the State Treasurer, and 
who did not contribute to any
other public employee retirement 
system for such service, may establish
credit for such 
employment by making the contributions required in this

Section.


    (g) Any employee who executed a waiver of membership within

60 days prior to January 1, 1944 may, at any time while in the 
service of a
department, file with the board a rescission of 
such waiver.  Upon
making the contributions required by this 
Section,  the member shall be
granted the creditable service 
that would have been received if the
waiver had not been 
executed.


    (h) Until May 1, 1990, an employee who was employed on a 
full-time
basis by a regional planning commission for at least 
5 continuous years may
establish creditable service for such 
employment by making the
contributions required under this 
Section, provided that any credits earned
by the employee in 
the commission's retirement plan have been terminated.


    (i) Any person who rendered full time contractual services 
to the General
Assembly as a member of a legislative staff may 
establish service credit for up
to 8 years of such services by 
making the contributions required under this
Section, provided 
that application therefor is made not later than July 1,
1991.


    (j) By paying the contributions otherwise required under 
this Section,
plus an amount determined by the Board to be 
equal to the employer's normal
cost of the benefit plus 
interest, but with all of the interest calculated
from the date 
the employee last became a member of the System or November 19,

1991, whichever is later, to the date of payment, an employee 
may establish
service credit
for a period of up to 2 years 
spent in active military service for which he
does not qualify 
for credit under Section 14-105, provided that (1) he was
not 
dishonorably discharged from such military service, and (2) the 
amount
of service credit established by a member under this 
subsection (j), when
added to the amount of military service 
credit granted to the member under
subsection (b) of Section 
14-105, shall not exceed 5 years.  The change
in the manner of 
calculating interest under this subsection (j) made by this

amendatory Act of the 92nd General Assembly applies to credit 
purchased by an
employee on or after its effective date and 
does not entitle any person to a
refund of contributions or 
interest already paid.


    (k) An employee who was employed on a full-time basis by 
the Illinois
State's Attorneys Association Statewide Appellate 
Assistance Service
LEAA-ILEC grant project prior to the time 
that project became the State's
Attorneys Appellate Service 
Commission, now the Office of the State's
Attorneys Appellate 
Prosecutor, an agency of State government, may
establish 
creditable service for not more than 60 months service for
such 
employment by making contributions required under this 
Section.


    (l) By paying the contributions otherwise required under 
this Section,
plus an amount determined by the Board to be 
equal to the employer's normal
cost of the benefit plus 
interest, a member may establish service credit
for periods of 
less than one year spent on authorized leave of absence from

service, provided that (1) the period of leave began on or 
after January 1,
1982 and (2) any credit established by the 
member for the period of leave in
any other public employee 
retirement system has been terminated.  A member
may establish 
service credit under this subsection for more than one period

of authorized leave, and in that case the total period of 
service credit
established by the member under this subsection 
may exceed one year.  In
determining the contributions required 
for establishing service credit under
this subsection, the 
interest shall be calculated from the beginning of the
leave of 
absence to the date of payment.


    (m) Any person who rendered contractual services to a 
member of
the General Assembly as a worker in the member's 
district office may establish
creditable service for up to 3 
years of those contractual services by making
the contributions 
required under this Section.  The System shall determine a

full-time salary equivalent for the purpose of calculating the 
required
contribution.  To establish credit under this 
subsection, the applicant must
apply to the System by March 1, 
1998.


    (n) Any person who rendered contractual services to a 
member of
the General Assembly as a worker providing 
constituent services to persons in
the member's district may 
establish
creditable service for up to 8 years of those 
contractual services by making
the contributions required 
under this Section.  The System shall determine a
full-time 
salary equivalent for the purpose of calculating the required

contribution.  To establish credit under this subsection, the 
applicant must
apply to the System by March 1, 1998.


    (o) A member who participated in the Illinois Legislative 
Staff
Internship Program may establish creditable service for 
up to one year
of that participation by making the contribution 
required under this Section.
The System shall determine a 
full-time salary equivalent for the purpose of
calculating the 
required contribution.  Credit may not be established under
this 
subsection for any period for which service credit is 
established under
any other provision of this Code.


    (p) By paying the contributions otherwise required under 
this Section,
plus an amount determined by the Board to be 
equal to the employer's normal
cost of the benefit plus 
interest, a member may establish service credit
for a period of 
up to 8 years during which he or she was employed by the

Visually Handicapped Managers of Illinois in a vending program 
operated under
a contractual agreement with the Department of 
Rehabilitation Services or its successor agency.

    This subsection (p) applies without regard to whether the 
person was in service on or after the  effective date of this 
amendatory Act of the 94th General Assembly. In the case of a 
person who is receiving a retirement annuity on that effective 
date, the increase, if any, shall begin to accrue on the first 
annuity payment date following receipt by the System of the 
contributions required under this subsection (p).

(Source: P.A. 92-54, eff. 7-12-01.)


 
    Section 90. The State Mandates Act is amended by adding 
Section 8.29 as
follows:


 
    (30 ILCS 805/8.29 new)

    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
of this
Act, no reimbursement by the State is required for the 
implementation of
any mandate created by this amendatory Act of 
the 94th General Assembly.

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