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Rep. Rich Brauer
Filed: 5/20/2009
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| AMENDMENT TO SENATE BILL 39
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| AMENDMENT NO. ______. Amend Senate Bill 39, on page 1, line |
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| 5, by replacing "16-127" with "14-104, 16-127,"; and
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| on page 1, immediately below line 6, by inserting the |
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| following: |
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| "(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) |
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| Sec. 14-104. Service for which contributions permitted.
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| Contributions provided for in this Section shall cover the |
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| period of
service granted. Except as otherwise provided in this |
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| Section, the
contributions shall be based upon the employee's |
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| compensation and
contribution rate in effect on the date he |
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| last became a member of the
System; provided that for all |
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| employment prior to January 1, 1969 the
contribution rate shall |
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| be that in effect for a noncovered employee on
the date he last |
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| became a member of the System. Except as otherwise provided
in |
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| this Section, contributions permitted under this Section shall |
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| include
regular interest from the date an employee last became |
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| a member of the System
to the date of payment.
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| These contributions must be paid in full before retirement |
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| either in
a lump sum or in installment payments in accordance |
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| with such rules as
may be adopted by the board.
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| (a) Any member may make contributions as required in this |
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| Section
for any period of service, subsequent to the date of |
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| establishment, but
prior to the date of membership.
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| (b) Any employee who had been previously excluded from |
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| membership
because of age at entry and subsequently became |
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| eligible may elect to
make contributions as required in this |
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| Section for the period of service
during which he was |
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| ineligible.
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| (c) An employee of the Department of Insurance who, after |
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| January 1,
1944 but prior to becoming eligible for membership, |
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| received salary from
funds of insurance companies in the |
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| process of rehabilitation,
liquidation, conservation or |
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| dissolution, may elect to make
contributions as required in |
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| this Section for such service.
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| (d) Any employee who rendered service in a State office to |
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| which he
was elected, or rendered service in the elective |
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| office of Clerk of the
Appellate Court prior to the date he |
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| became a member, may make
contributions for such service as |
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| required in this Section. Any member
who served by appointment |
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| of the Governor under the Civil Administrative
Code of Illinois |
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| and did not participate in this System may make
contributions |
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| as required in this Section for such service.
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| (e) Any person employed by the United States government or |
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| any
instrumentality or agency thereof from January 1, 1942 |
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| through November
15, 1946 as the result of a transfer from |
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| State service by executive
order of the President of the United |
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| States shall be entitled to prior
service credit covering the |
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| period from January 1, 1942 through December
31, 1943 as |
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| provided for in this Article and to membership service
credit |
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| for the period from January 1, 1944 through November 15, 1946 |
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| by
making the contributions required in this Section. A person |
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| so employed
on January 1, 1944 but whose employment began after |
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| January 1, 1942 may
qualify for prior service and membership |
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| service credit under the same
conditions.
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| (f) An employee of the Department of Labor of the State of |
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| Illinois who
performed services for and under the supervision |
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| of that Department
prior to January 1, 1944 but who was |
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| compensated for those services
directly by federal funds and |
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| not by a warrant of the Auditor of Public
Accounts paid by the |
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| State Treasurer may establish credit for such
employment by |
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| making the contributions required in this Section. An
employee |
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| of the Department of Agriculture of the State of Illinois, who
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| performed services for and under the supervision of that |
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| Department
prior to June 1, 1963, but was compensated for those |
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| services directly
by federal funds and not paid by a warrant of |
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| the Auditor of Public
Accounts paid by the State Treasurer, and |
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| who did not contribute to any
other public employee retirement |
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| system for such service, may establish
credit for such |
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| employment by making the contributions required in this
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| Section.
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| (g) Any employee who executed a waiver of membership within
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| 60 days prior to January 1, 1944 may, at any time while in the |
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| service of a
department, file with the board a rescission of |
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| such waiver. Upon
making the contributions required by this |
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| Section, the member shall be
granted the creditable service |
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| that would have been received if the
waiver had not been |
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| executed.
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| (h) Until May 1, 1990, an employee who was employed on a |
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| full-time
basis by a regional planning commission for at least |
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| 5 continuous years may
establish creditable service for such |
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| employment by making the
contributions required under this |
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| Section, provided that any credits earned
by the employee in |
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| the commission's retirement plan have been terminated.
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| (i) Any person who rendered full time contractual services |
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| to the General
Assembly as a member of a legislative staff may |
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| establish service credit for up
to 8 years of such services by |
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| making the contributions required under this
Section, provided |
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| that application therefor is made not later than July 1,
1991.
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| (j) By paying the contributions otherwise required under |
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| this Section,
plus an amount determined by the Board to be |
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| equal to the employer's normal
cost of the benefit plus |
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| interest, but with all of the interest calculated
from the date |
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| the employee last became a member of the System or November 19,
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| 1991, whichever is later, to the date of payment, an employee |
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| may establish
service credit
for a period of up to 4 years |
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| spent in active military service for which he
does not qualify |
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| for credit under Section 14-105, provided that (1) he was
not |
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| dishonorably discharged from such military service, and (2) the |
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| amount
of service credit established by a member under this |
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| subsection (j), when
added to the amount of military service |
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| credit granted to the member under
subsection (b) of Section |
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| 14-105, shall not exceed 5 years. The change
in the manner of |
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| calculating interest under this subsection (j) made by this
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| amendatory Act of the 92nd General Assembly applies to credit |
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| purchased by an
employee on or after its effective date and |
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| does not entitle any person to a
refund of contributions or |
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| interest already paid.
In compliance with Section 14-152.1 of |
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| this Act concerning new benefit increases, any new benefit |
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| increase as a result of the changes to this subsection (j) made |
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| by Public Act 95-483
is funded through the employee |
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| contributions provided for in this subsection (j). Any new |
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| benefit increase as a result of the changes made to this |
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| subsection (j) by Public Act 95-483
is exempt from the |
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| provisions of subsection (d) of Section 14-152.1.
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| (k) An employee who was employed on a full-time basis by |
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| the Illinois
State's Attorneys Association Statewide Appellate |
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| Assistance Service
LEAA-ILEC grant project prior to the time |
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| that project became the State's
Attorneys Appellate Service |
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| Commission, now the Office of the State's
Attorneys Appellate |
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| Prosecutor, an agency of State government, may
establish |
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| creditable service for not more than 60 months service for
such |
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| employment by making contributions required under this |
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| Section.
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| (l) By paying the contributions otherwise required under |
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| this Section,
plus an amount determined by the Board to be |
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| equal to the employer's normal
cost of the benefit plus |
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| interest, a member may establish service credit
for periods of |
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| less than one year spent on authorized leave of absence from
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| service, provided that (1) the period of leave began on or |
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| after January 1,
1982 and (2) any credit established by the |
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| member for the period of leave in
any other public employee |
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| retirement system has been terminated. A member
may establish |
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| service credit under this subsection for more than one period
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| of authorized leave, and in that case the total period of |
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| service credit
established by the member under this subsection |
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| may exceed one year. In
determining the contributions required |
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| for establishing service credit under
this subsection, the |
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| interest shall be calculated from the beginning of the
leave of |
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| absence to the date of payment.
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| (l-5) By paying the contributions otherwise required under |
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| this Section,
plus an amount determined by the Board to be |
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| equal to the employer's normal
cost of the benefit plus |
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| interest, a member may establish service credit
for periods of |
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| up to 2 years spent on authorized leave of absence from
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| service, provided that during that leave the member represented |
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| or was employed as an officer or employee of a statewide labor |
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| organization that represents members of this System. In
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| determining the contributions required for establishing |
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| service credit under
this subsection, the interest shall be |
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| calculated from the beginning of the
leave of absence to the |
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| date of payment.
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| (m) Any person who rendered contractual services to a |
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| member of
the General Assembly as a worker in the member's |
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| district office may establish
creditable service for up to 3 |
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| years of those contractual services by making
the contributions |
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| required under this Section. The System shall determine a
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| full-time salary equivalent for the purpose of calculating the |
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| required
contribution. To establish credit under this |
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| subsection, the applicant must
apply to the System by March 1, |
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| 1998.
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| (n) Any person who rendered contractual services to a |
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| member of
the General Assembly as a worker providing |
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| constituent services to persons in
the member's district may |
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| establish
creditable service for up to 8 years of those |
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| contractual services by making
the contributions required |
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| under this Section. The System shall determine a
full-time |
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| salary equivalent for the purpose of calculating the required
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| contribution. To establish credit under this subsection, the |
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| applicant must
apply to the System by March 1, 1998.
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| (o) A member who participated in the Illinois Legislative |
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| Staff
Internship Program may establish creditable service for |
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| up to one year
of that participation by making the contribution |
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| required under this Section.
The System shall determine a |
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| full-time salary equivalent for the purpose of
calculating the |
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| required contribution. Credit may not be established under
this |
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| subsection for any period for which service credit is |
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| established under
any other provision of this Code.
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| (p) By paying the contributions otherwise required under |
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| this Section,
plus an amount determined by the Board to be |
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| equal to the employer's normal
cost of the benefit plus |
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| interest, a member may establish service credit
for a period of |
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| up to 8 years during which he or she was employed by the
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| Visually Handicapped Managers of Illinois in a vending program |
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| operated under
a contractual agreement with the Department of |
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| Rehabilitation Services or its successor agency.
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| This subsection (p) applies without regard to whether the |
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| person was in service on or after the effective date of this |
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| amendatory Act of the 94th General Assembly. In the case of a |
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| person who is receiving a retirement annuity on that effective |
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| date, the increase, if any, shall begin to accrue on the first |
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| annuity payment date following receipt by the System of the |
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| contributions required under this subsection (p).
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| (q) By paying the required contributions under this |
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| Section, plus an amount determined by the Board to be equal to |
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| the employer's normal cost of the benefit plus interest, an |
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| employee who was laid off but returned to State employment |
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| under circumstances in which the employee is considered to have |
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| been in continuous service for purposes of determining |
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| seniority may establish creditable service for the period of |
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| the layoff, provided that (1) the applicant applies for the |
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| creditable service under this subsection (q) within 6 months |
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| after the effective date of this amendatory Act of the 94th |
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| General Assembly, (2) the applicant does not receive credit for |
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| that period under any other provision of this Code, (3) at the |
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| time of the layoff, the applicant is not in an initial |
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| probationary status consistent with the rules of the Department |
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| of Central Management Services, and (4) the total amount of |
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| creditable service established by the applicant under this |
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| subsection (q) does not exceed 3 years. For service established |
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| under this subsection (q), the required employee contribution |
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| shall be based on the rate of compensation earned by the |
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| employee on the date of returning to employment after the |
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| layoff and the contribution rate then in effect, and the |
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| required interest shall be calculated from the date of |
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| returning to employment after the layoff to the date of |
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| payment.
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| (r) A member who participated in the University of Illinois |
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| Government Public Service Internship Program (GPSI) may |
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| establish creditable service for up to 2 years
of that |
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| participation by making the contribution required under this |
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| Section, plus an amount determined by the Board to be equal to |
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| the employer's normal cost of the benefit plus interest.
The |
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| System shall determine a full-time salary equivalent for the |
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| purpose of
calculating the required contribution. Credit may |
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| not be established under
this subsection for any period for |
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| which service credit is established under
any other provision |
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| of this Code. |
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| (s)
A member who worked as a nurse under a contractual |
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| agreement for the Department of Public Aid, or its successor |
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| agency, the Department of Human Services, in the Client |
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| Assessment Unit and was subsequently determined to be a State |
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| employee by the United States Internal Revenue Service and the |
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| Illinois Labor Relations Board may establish creditable |
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| service for those contractual services by making the |
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| contributions required under this Section. To establish credit |
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| under this subsection, the applicant must apply to the System |
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| by July 1, 2008. |
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| The Department of Human Services shall pay an employer |
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| contribution based upon an amount determined by the Board to be |
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| equal to the employer's normal cost of the benefit, plus |
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| interest. |
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| In compliance with Section 14-152.1 added by Public Act |
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| 94-4, the cost of the benefits provided by Public Act 95-583
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| are offset by the required employee and employer contributions.
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| (t) Any person who rendered contractual services on a |
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| full-time basis to the Illinois Institute of Natural Resources |
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| and the Illinois Department of Energy and Natural Resources may |
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| establish creditable service for up to 4 years of those |
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| contractual services by making the contributions required |
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| under this Section, plus an amount determined by the Board to |
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| be equal to the employer's normal cost of the benefit plus |
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| interest at the actuarially assumed rate from the first day of |
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| the service for which credit is being established to the date |
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| of payment. To establish credit under this subsection (t), the |
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| applicant must apply to the System by December 31, 2009. |
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| (Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07; |
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| 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; 95-652, eff. |
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| 10-11-07; 95-876, eff. 8-21-08.)".
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