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91_HB2367
LRB9105304EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 18-112.
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 18-112 as follows:
7 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
8 Sec. 18-112. Service. "Service": The period beginning
9 on the day a person first became a judge, whether prior or
10 subsequent to the effective date, and ending on the date
11 under consideration, excluding all intervening periods during
12 which he or she was not a judge following resignation or
13 expiration of any term of election or appointment.
14 Service also includes the following:
15 (a) Any period prior to January 1, 1964 during which a
16 judge served as a justice of the peace, police magistrate or
17 master in chancery, or as a civil referee, commissioner or
18 trial assistant to the chief judge in the Municipal Court of
19 Chicago, or performed judicial duties as an assistant to the
20 judge of the Probate Court of Cook County. A judge shall be
21 entitled to credit for all or as much as the judge may desire
22 of such service, not exceeding 8 years, upon payment of the
23 participant's contribution covering such service at the
24 contribution rates in effect on July 1, 1969, together with
25 interest at 4% per annum compounded annually, from the dates
26 the service was rendered to the date of payment, provided
27 credit for such service had not been granted in any public
28 pension fund or retirement system in the State. The required
29 contributions shall be based upon the rate of salary in
30 effect for the judge on the date he or she entered the system
31 or on January 1, 1964, whichever is later.
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1 (b) Service rendered after January 1, 1964, as a
2 holdover magistrate or master in chancery of the Circuit
3 Court. A judge shall be entitled to credit for any period of
4 such service, not exceeding a total of 8 years, together with
5 the period of service taken into account in paragraph (a).
6 Service credit under this paragraph is subject to the same
7 contribution requirements and other limitations that are
8 prescribed for service credit under paragraph (a).
9 (c) Any period that a participant served as a member of
10 the General Assembly, subject to the following conditions:
11 (1) He or she has been a participant in this system for
12 at least 4 years and has contributed to the system for
13 service rendered as a member of the General Assembly
14 subsequent to November 1, 1941, at the contribution rates in
15 effect for a judge on the date of becoming a participant,
16 including interest at 3% per annum compounded annually from
17 the date such service was rendered to the date of payment,
18 based on the salary in effect during such period of service;
19 and
20 (2) The participant is not entitled to credit for such
21 service in any other public retirement system in the State.
22 (d) Any period a participant served as a judge or
23 commissioner of the Court of Claims of this State after
24 November 1, 1941, provided he or she contributes to the
25 system at the contribution rates in effect on the date of
26 becoming a participant, based on salary received during such
27 service, including interest at 3% per annum compounded
28 annually from the date such service was rendered to the date
29 of payment.
30 (e) Any period that a participant served as State's
31 Attorney or Public Defender of any county of this State,
32 subject to the following conditions: (1) such service was not
33 credited under any public pension fund or retirement system;
34 (2) the maximum service to be credited in this system shall
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1 be 8 years; (3) the participant must have at least 6 years of
2 service as a judge and as a participant of this system; and
3 (4) the participant has made contributions to the system for
4 such service at the contribution rates in effect on the date
5 of becoming a participant in this system based upon the
6 salary of the judge on such date, including interest at 4%
7 per annum compounded annually from such date to the date of
8 payment.
9 A judge who terminated service before January 26, 1988
10 and whose retirement annuity began after January 1, 1988 may
11 establish credit for service as a Public Defender in
12 accordance with the other provisions of this subsection by
13 making application and paying the required contributions to
14 the Board not later than 30 days after August 23, 1989. In
15 such cases, the Board shall recalculate the retirement
16 annuity, effective on the first day of the next calendar
17 month beginning at least 30 days after the application is
18 received.
19 (f) Except as otherwise provided under subsection (g),
20 any period as a participating policeman, employee or teacher
21 under Article 5, 14 or 16 of this Code, subject to the
22 following conditions: (1) the credits accrued under Article
23 5, 14 or 16 have been transferred to this system; and (2) the
24 participant has contributed to the system an amount equal to
25 (A) contributions at the rate in effect for participants at
26 the date of membership in this system based upon the salary
27 of the judge on such date, (B) the employer's share of the
28 normal cost under this system for each year that credit is
29 being established, based on the salary in effect at the date
30 of membership in this system, and (C) interest at 6% per
31 annum, compounded annually, from the date of membership to
32 the date of payment; less (D) the amount transferred on
33 behalf of the participant from Article 5, 14 or 16.
34 (g) Any period that a participant served as the
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1 Administrative Director of the Circuit Court of Cook County,
2 as Executive Director of the Home Rule Commission, as
3 assistant corporation counsel in the Chicago Law Department,
4 or as an employee of the Cook County Treasurer, or as the
5 Legal Adviser of the State Board of Education, subject to the
6 following conditions: (1) the maximum amount of such service
7 which may be credited is 10 years (11 years in the case of
8 service as the Legal Adviser of the State Board of Education)
9 ; (2) in order to qualify for such credit in this system, a
10 judge must have at least 6 years of service as a judge and
11 participant of this system; (3) the last 6 years of service
12 credited in this system shall be as a judge and a participant
13 in this system; (4) credits accrued to the participant under
14 any other public pension fund or public retirement system in
15 the State, if any, by reason of the service to be established
16 under this paragraph (g) has been transferred to this system;
17 (4.5) in the case of service as the Legal Adviser of the
18 State Board of Education, application is made in writing to
19 the board of the system before July 1, 2001; and (5) the
20 participant has contributed to this system the amount, if
21 any, by which the amount transferred pursuant to subdivision
22 (4) of this paragraph, if any, is less than the amount which
23 the participant would have contributed to the system during
24 the period of time being counted as service under this
25 paragraph had the participant been a judge participating in
26 this system during that time, based on the rate of
27 contribution in effect and the salary earned by the
28 participant on the date he or she became a participant, with
29 interest accruing on such deficiency at a rate of 5% per
30 annum from the date he or she became a participant through
31 the date on which such deficiency is paid.
32 (h) Any period that a participant served as a full-time
33 attorney employed by the Chicago Transit Authority created by
34 the Metropolitan Transit Authority Act, subject to the
-5- LRB9105304EGfg
1 following conditions: (1) any credit received for such
2 service in the pension fund established under Section 22-101
3 has been terminated; (2) the maximum amount of such service
4 to be credited in this system shall be 10 years; (3) the
5 participant must have at least 6 years of service as a judge
6 and as a participant of this system; and (4) the participant
7 has made contributions to the system for such service at the
8 contribution rates in effect on the date of becoming a
9 participant in this system based upon the salary of the judge
10 on such date, including interest at 5% per annum compounded
11 annually from such date to the date of payment.
12 (i) Any period during which a participant received
13 temporary total disability benefit payments, as provided in
14 Section 18-126.1.
15 Service during a fraction of a month shall be considered
16 a month of service, but no more than one month of service
17 shall be credited for all service during any calendar month.
18 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.