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90_SB1299
40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104
Amends the State Employee Article of the Pension Code.
Allows a member to establish service credit for certain
periods of employment prior to becoming a member without
paying interest, if application and payment in full are made
before January 1, 2000. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-104.
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 14-104 as follows:
7 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
8 Sec. 14-104. Service for which contributions are
9 permitted. Creditable service shall be granted under this
10 Section for the types of service specified, upon application
11 in writing and payment of the contributions provided for in
12 this Section covering shall cover the period of service to be
13 granted. The contributions shall, and be based upon the
14 applicant's employee's compensation and contribution rate in
15 effect on the date he or she last became a member of the
16 System; provided that for all employment prior to January 1,
17 1969, the contribution rate shall be that in effect for a
18 noncovered employee on the date he last became a member of
19 the System. Contributions permitted under this Section shall
20 include regular interest from the date the applicant an
21 employee last became a member of the System to the date of
22 payment.
23 These contributions must be paid in full before
24 retirement either in a lump sum or in installment payments in
25 accordance with such rules as may be adopted by the board.
26 (a) Any member may make contributions as required in
27 this Section for any period of service, subsequent to the
28 date of establishment, but prior to the date of membership.
29 With respect only to service established under this
30 subdivision (a), if application and payment in full are made
31 on or after the effective date of this amendatory Act of 1998
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1 and before January 1, 2000, the payment of interest is not
2 required.
3 (b) Any employee who had been previously excluded from
4 membership because of age at entry and subsequently became
5 eligible may elect to make contributions as required in this
6 Section for the period of service during which he was
7 ineligible.
8 (c) An employee of the Department of Insurance who,
9 after January 1, 1944 but prior to becoming eligible for
10 membership, received salary from funds of insurance companies
11 in the process of rehabilitation, liquidation, conservation
12 or dissolution, may elect to make contributions as required
13 in this Section for such service.
14 (d) Any employee who rendered service in a State office
15 to which he was elected, or rendered service in the elective
16 office of Clerk of the Appellate Court prior to the date he
17 became a member, may make contributions for such service as
18 required in this Section. Any member who served by
19 appointment of the Governor under the Civil Administrative
20 Code of Illinois and did not participate in this System may
21 make contributions as required in this Section for such
22 service.
23 (e) Any person employed by the United States government
24 or any instrumentality or agency thereof from January 1, 1942
25 through November 15, 1946 as the result of a transfer from
26 State service by executive order of the President of the
27 United States shall be entitled to prior service credit
28 covering the period from January 1, 1942 through December 31,
29 1943 as provided for in this Article and to membership
30 service credit for the period from January 1, 1944 through
31 November 15, 1946 by making the contributions required in
32 this Section. A person so employed on January 1, 1944 but
33 whose employment began after January 1, 1942 may qualify for
34 prior service and membership service credit under the same
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1 conditions.
2 (f) An employee of the Department of Labor of the State
3 of Illinois who performed services for and under the
4 supervision of that Department prior to January 1, 1944 but
5 who was compensated for those services directly by federal
6 funds and not by a warrant of the Auditor of Public Accounts
7 paid by the State Treasurer may establish credit for such
8 employment by making the contributions required in this
9 Section. An employee of the Department of Agriculture of the
10 State of Illinois, who performed services for and under the
11 supervision of that Department prior to June 1, 1963, but was
12 compensated for those services directly by federal funds and
13 not paid by a warrant of the Auditor of Public Accounts paid
14 by the State Treasurer, and who did not contribute to any
15 other public employee retirement system for such service, may
16 establish credit for such employment by making the
17 contributions required in this Section.
18 (g) Any employee who executed a waiver of membership
19 within 60 days prior to January 1, 1944 may, at any time
20 while in the service of a department, file with the board a
21 rescission of such waiver. Upon making the contributions
22 required by this Section, the member shall be granted the
23 creditable service that would have been received if the
24 waiver had not been executed.
25 (h) Until May 1, 1990, an employee who was employed on a
26 full-time basis by a regional planning commission for at
27 least 5 continuous years may establish creditable service for
28 such employment by making the contributions required under
29 this Section, provided that any credits earned by the
30 employee in the commission's retirement plan have been
31 terminated.
32 (i) Any person who rendered full time contractual
33 services to the General Assembly as a member of a legislative
34 staff may establish service credit for up to 8 years of such
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1 services by making the contributions required under this
2 Section, provided that application therefor is made not later
3 than July 1, 1991.
4 (j) By paying the contributions otherwise required under
5 this Section, plus an amount determined by the Board to be
6 equal to the employer's normal cost of the benefit plus
7 interest, an employee may establish service credit for a
8 period of up to 2 years spent in active military service for
9 which he does not qualify for credit under Section 14-105,
10 provided that (1) he was not dishonorably discharged from
11 such military service, and (2) the amount of service credit
12 established by a member under this subsection (j), when added
13 to the amount of military service credit granted to the
14 member under subsection (b) of Section 14-105, shall not
15 exceed 5 years.
16 (k) An employee who was employed on a full-time basis by
17 the Illinois State's Attorneys Association Statewide
18 Appellate Assistance Service LEAA-ILEC grant project prior to
19 the time that project became the State's Attorneys Appellate
20 Service Commission, now the Office of the State's Attorneys
21 Appellate Prosecutor, an agency of State government, may
22 establish creditable service for not more than 60 months
23 service for such employment by making contributions required
24 under this Section.
25 (l) By paying the contributions otherwise required under
26 this Section, plus an amount determined by the Board to be
27 equal to the employer's normal cost of the benefit plus
28 interest, a member may establish service credit for periods
29 of less than one year spent on authorized leave of absence
30 from service, provided that (1) the period of leave began on
31 or after January 1, 1982 and (2) any credit established by
32 the member for the period of leave in any other public
33 employee retirement system has been terminated. A member may
34 establish service credit under this subsection for more than
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1 one period of authorized leave, and in that case the total
2 period of service credit established by the member under this
3 subsection may exceed one year.
4 (m) (l) Any person who rendered contractual services to
5 a member of the General Assembly as a worker in the member's
6 district office may establish creditable service for up to 3
7 years of those contractual services by making the
8 contributions required under this Section. The System shall
9 determine a full-time salary equivalent for the purpose of
10 calculating the required contribution. To establish credit
11 under this subsection, the applicant must apply to the System
12 by March 1, 1998.
13 (n) (l) Any person who rendered contractual services to
14 a member of the General Assembly as a worker providing
15 constituent services to persons in the member's district may
16 establish creditable service for up to 8 years of those
17 contractual services by making the contributions required
18 under this Section. The System shall determine a full-time
19 salary equivalent for the purpose of calculating the required
20 contribution. To establish credit under this subsection, the
21 applicant must apply to the System by March 1, 1998.
22 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
23 90-511, eff. 8-22-97; revised 9-5-97.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.