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91_SB0841
LRB9106004EGfg
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 14-104 as follows:
6 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
7 Sec. 14-104. Service for which contributions permitted.
8 Contributions provided for in this Section shall cover the
9 period of service granted. Except as otherwise provided in
10 this Section, the contributions shall be based upon the
11 employee's compensation and contribution rate in effect on
12 the date he last became a member of the System; provided that
13 for all employment prior to January 1, 1969 the contribution
14 rate shall be that in effect for a noncovered employee on the
15 date he last became a member of the System. Except as
16 otherwise provided in this Section, contributions permitted
17 under this Section shall include regular interest from the
18 date an employee last became a member of the System to the
19 date of payment.
20 These contributions must be paid in full before
21 retirement either in a lump sum or in installment payments in
22 accordance with such rules as may be adopted by the board.
23 (a) Any member may make contributions as required in
24 this Section for any period of service, subsequent to the
25 date of establishment, but prior to the date of membership.
26 (b) Any employee who had been previously excluded from
27 membership because of age at entry and subsequently became
28 eligible may elect to make contributions as required in this
29 Section for the period of service during which he was
30 ineligible.
31 (c) An employee of the Department of Insurance who,
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1 after January 1, 1944 but prior to becoming eligible for
2 membership, received salary from funds of insurance companies
3 in the process of rehabilitation, liquidation, conservation
4 or dissolution, may elect to make contributions as required
5 in this Section for such service.
6 (d) Any employee who rendered service in a State office
7 to which he was elected, or rendered service in the elective
8 office of Clerk of the Appellate Court prior to the date he
9 became a member, may make contributions for such service as
10 required in this Section. Any member who served by
11 appointment of the Governor under the Civil Administrative
12 Code of Illinois and did not participate in this System may
13 make contributions as required in this Section for such
14 service.
15 (e) Any person employed by the United States government
16 or any instrumentality or agency thereof from January 1, 1942
17 through November 15, 1946 as the result of a transfer from
18 State service by executive order of the President of the
19 United States shall be entitled to prior service credit
20 covering the period from January 1, 1942 through December 31,
21 1943 as provided for in this Article and to membership
22 service credit for the period from January 1, 1944 through
23 November 15, 1946 by making the contributions required in
24 this Section. A person so employed on January 1, 1944 but
25 whose employment began after January 1, 1942 may qualify for
26 prior service and membership service credit under the same
27 conditions.
28 (f) An employee of the Department of Labor of the State
29 of Illinois who performed services for and under the
30 supervision of that Department prior to January 1, 1944 but
31 who was compensated for those services directly by federal
32 funds and not by a warrant of the Auditor of Public Accounts
33 paid by the State Treasurer may establish credit for such
34 employment by making the contributions required in this
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1 Section. An employee of the Department of Agriculture of the
2 State of Illinois, who performed services for and under the
3 supervision of that Department prior to June 1, 1963, but was
4 compensated for those services directly by federal funds and
5 not paid by a warrant of the Auditor of Public Accounts paid
6 by the State Treasurer, and who did not contribute to any
7 other public employee retirement system for such service, may
8 establish credit for such employment by making the
9 contributions required in this Section.
10 (g) Any employee who executed a waiver of membership
11 within 60 days prior to January 1, 1944 may, at any time
12 while in the service of a department, file with the board a
13 rescission of such waiver. Upon making the contributions
14 required by this Section, the member shall be granted the
15 creditable service that would have been received if the
16 waiver had not been executed.
17 (h) Until May 1, 1990, an employee who was employed on a
18 full-time basis by a regional planning commission for at
19 least 5 continuous years may establish creditable service for
20 such employment by making the contributions required under
21 this Section, provided that any credits earned by the
22 employee in the commission's retirement plan have been
23 terminated.
24 (i) Any person who rendered full time contractual
25 services to the General Assembly as a member of a legislative
26 staff may establish service credit for up to 8 years of such
27 services by making the contributions required under this
28 Section, provided that application therefor is made not later
29 than July 1, 1991.
30 (j) By paying the contributions otherwise required under
31 this Section, plus an amount determined by the Board to be
32 equal to the employer's normal cost of the benefit plus
33 interest, an employee may establish service credit for a
34 period of up to 2 years spent in active military service for
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1 which he does not qualify for credit under Section 14-105,
2 provided that (1) he was not dishonorably discharged from
3 such military service, and (2) the amount of service credit
4 established by a member under this subsection (j), when added
5 to the amount of military service credit granted to the
6 member under subsection (b) of Section 14-105, shall not
7 exceed 5 years.
8 (k) An employee who was employed on a full-time basis by
9 the Illinois State's Attorneys Association Statewide
10 Appellate Assistance Service LEAA-ILEC grant project prior to
11 the time that project became the State's Attorneys Appellate
12 Service Commission, now the Office of the State's Attorneys
13 Appellate Prosecutor, an agency of State government, may
14 establish creditable service for not more than 60 months
15 service for such employment by making contributions required
16 under this Section.
17 (l) By paying the contributions otherwise required under
18 this Section, plus an amount determined by the Board to be
19 equal to the employer's normal cost of the benefit plus
20 interest, a member may establish service credit for periods
21 of less than one year spent on authorized leave of absence
22 from service, provided that (1) the period of leave began on
23 or after January 1, 1982 and (2) any credit established by
24 the member for the period of leave in any other public
25 employee retirement system has been terminated. A member may
26 establish service credit under this subsection for more than
27 one period of authorized leave, and in that case the total
28 period of service credit established by the member under this
29 subsection may exceed one year. In determining the
30 contributions required for establishing service credit under
31 this subsection, the interest shall be calculated from the
32 beginning of the leave of absence to the date of payment.
33 (m) Any person who rendered contractual services to a
34 member of the General Assembly as a worker in the member's
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1 district office may establish creditable service for up to 3
2 years of those contractual services by making the
3 contributions required under this Section. The System shall
4 determine a full-time salary equivalent for the purpose of
5 calculating the required contribution. To establish credit
6 under this subsection, the applicant must apply to the System
7 by March 1, 1998.
8 (n) Any person who rendered contractual services to a
9 member of the General Assembly as a worker providing
10 constituent services to persons in the member's district may
11 establish creditable service for up to 8 years of those
12 contractual services by making the contributions required
13 under this Section. The System shall determine a full-time
14 salary equivalent for the purpose of calculating the required
15 contribution. To establish credit under this subsection, the
16 applicant must apply to the System by March 1, 1998.
17 (o) A member who participated in the Illinois
18 Legislative Staff Internship Program may establish creditable
19 service for up to one year of that participation by making
20 the contribution required under this Section. The System
21 shall determine a full-time salary equivalent for the purpose
22 of calculating the required contribution. Credit may not be
23 established under this subsection for any period for which
24 service credit is established under any other provision of
25 this Code.
26 (p) By paying the contributions otherwise required under
27 this Section, plus an amount determined by the Board to be
28 equal to the employer's normal cost of the benefit plus
29 interest, an employee may establish service credit for time
30 on or after January 1, 1985 during which he or she provided
31 personal services to a department under a personal services
32 contract on a full-time basis, provided that (1) the person
33 has not received and is not eligible to establish service
34 credit for those personal services under any other provision
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1 of this Code and (2) the total amount of service credit
2 established by a person under this subsection (p) shall not
3 exceed 8 years. For the purposes of this subsection,
4 "full-time basis" means at least 20 days or 150 hours per
5 month. To establish credit under this subsection, the
6 applicant must apply to the System by January 1, 2001.
7 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
8 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff.
9 8-14-98.)