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91_SB1048
LRB9102409EGfg
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
16 which a judge served as a justice of the peace, police
17 magistrate or master in chancery, or as a civil referee,
18 commissioner or trial assistant to the chief judge in the
19 Municipal Court of Chicago, or performed judicial duties
20 as an assistant to the judge of the Probate Court of Cook
21 County. A judge shall be entitled to credit for all or
22 as much as the judge may desire of such service, not
23 exceeding 8 years, upon payment of the participant's
24 contribution covering such service at the contribution
25 rates in effect on July 1, 1969, together with interest
26 at 4% per annum compounded annually, from the dates the
27 service was rendered to the date of payment, provided
28 credit for such service had not been granted in any
29 public pension fund or retirement system in the State.
30 The required contributions shall be based upon the rate
31 of salary in effect for the judge on the date he or she
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1 entered the system or on January 1, 1964, whichever is
2 later.
3 (b) Service rendered after January 1, 1964, as a
4 holdover magistrate or master in chancery of the Circuit
5 Court. A judge shall be entitled to credit for any
6 period of such service, not exceeding a total of 8 years,
7 together with the period of service taken into account in
8 paragraph (a). Service credit under this paragraph is
9 subject to the same contribution requirements and other
10 limitations that are prescribed for service credit under
11 paragraph (a).
12 (c) Any period that a participant served as a
13 member of the General Assembly, subject to the following
14 conditions:
15 (1) He or she has been a participant in this
16 system for at least 4 years and has contributed to
17 the system for service rendered as a member of the
18 General Assembly subsequent to November 1, 1941, at
19 the contribution rates in effect for a judge on the
20 date of becoming a participant, including interest
21 at 3% per annum compounded annually from the date
22 such service was rendered to the date of payment,
23 based on the salary in effect during such period of
24 service; and
25 (2) The participant is not entitled to credit
26 for such service in any other public retirement
27 system in the State.
28 (d) Any period a participant served as a judge or
29 commissioner of the Court of Claims of this State after
30 November 1, 1941, provided he or she contributes to the
31 system at the contribution rates in effect on the date of
32 becoming a participant, based on salary received during
33 such service, including interest at 3% per annum
34 compounded annually from the date such service was
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1 rendered to the date of payment.
2 (e) Any period that a participant served as State's
3 Attorney or Public Defender of any county of this State,
4 subject to the following conditions: (1) such service was
5 not credited under any public pension fund or retirement
6 system; (2) the maximum service to be credited in this
7 system shall be 8 years; (3) the participant must have at
8 least 6 years of service as a judge and as a participant
9 of this system; and (4) the participant has made
10 contributions to the system for such service at the
11 contribution rates in effect on the date of becoming a
12 participant in this system based upon the salary of the
13 judge on such date, including interest at 4% per annum
14 compounded annually from such date to the date of
15 payment.
16 A judge who terminated service before January 26,
17 1988 and whose retirement annuity began after January 1,
18 1988 may establish credit for service as a Public
19 Defender in accordance with the other provisions of this
20 subsection by making application and paying the required
21 contributions to the Board not later than 30 days after
22 August 23, 1989. In such cases, the Board shall
23 recalculate the retirement annuity, effective on the
24 first day of the next calendar month beginning at least
25 30 days after the application is received.
26 (e-1) Any period that a participant served as
27 Special Assistant State's Attorney of any county of this
28 State, subject to the following conditions: (1) such
29 service was not credited under any public pension fund or
30 retirement system; (2) the amount of service established
31 under this subdivision (e-1) shall not exceed 3 years;
32 (3) the participant must have at least 6 years of service
33 as a judge and as a participant of this System; and (4)
34 the participant must make contributions to the System for
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1 the service to be established, based upon the
2 contribution rates in effect on the date of becoming a
3 participant in this System and the salary of the judge on
4 that date, including interest at 4% per annum, compounded
5 annually, from that date to the date of payment.
6 (f) Any period as a participating policeman,
7 employee or teacher under Article 5, 14 or 16 of this
8 Code, subject to the following conditions: (1) the
9 credits accrued under Article 5, 14 or 16 have been
10 transferred to this system; and (2) the participant has
11 contributed to the system an amount equal to (A)
12 contributions at the rate in effect for participants at
13 the date of membership in this system based upon the
14 salary of the judge on such date, (B) the employer's
15 share of the normal cost under this system for each year
16 that credit is being established, based on the salary in
17 effect at the date of membership in this system, and (C)
18 interest at 6% per annum, compounded annually, from the
19 date of membership to the date of payment; less (D) the
20 amount transferred on behalf of the participant from
21 Article 5, 14 or 16.
22 (g) Any period that a participant served as the
23 Administrative Director of the Circuit Court of Cook
24 County, as Executive Director of the Home Rule
25 Commission, as assistant corporation counsel in the
26 Chicago Law Department, or as an employee of the Cook
27 County Treasurer, subject to the following conditions:
28 (1) the maximum amount of such service which may be
29 credited is 10 years; (2) in order to qualify for such
30 credit in this system, a judge must have at least 6 years
31 of service as a judge and participant of this system; (3)
32 the last 6 years of service credited in this system shall
33 be as a judge and a participant in this system; (4)
34 credits accrued to the participant under any other public
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1 pension fund or public retirement system in the State, if
2 any, by reason of the service to be established under
3 this paragraph (g) has been transferred to this system;
4 and (5) the participant has contributed to this system
5 the amount, if any, by which the amount transferred
6 pursuant to subdivision (4) of this paragraph, if any, is
7 less than the amount which the participant would have
8 contributed to the system during the period of time being
9 counted as service under this paragraph had the
10 participant been a judge participating in this system
11 during that time, based on the rate of contribution in
12 effect and the salary earned by the participant on the
13 date he or she became a participant, with interest
14 accruing on such deficiency at a rate of 5% per annum
15 from the date he or she became a participant through the
16 date on which such deficiency is paid.
17 (h) Any period that a participant served as a
18 full-time attorney employed by the Chicago Transit
19 Authority created by the Metropolitan Transit Authority
20 Act, subject to the following conditions: (1) any credit
21 received for such service in the pension fund established
22 under Section 22-101 has been terminated; (2) the maximum
23 amount of such service to be credited in this system
24 shall be 10 years; (3) the participant must have at least
25 6 years of service as a judge and as a participant of
26 this system; and (4) the participant has made
27 contributions to the system for such service at the
28 contribution rates in effect on the date of becoming a
29 participant in this system based upon the salary of the
30 judge on such date, including interest at 5% per annum
31 compounded annually from such date to the date of
32 payment.
33 (i) Any period during which a participant received
34 temporary total disability benefit payments, as provided
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1 in Section 18-126.1.
2 Service during a fraction of a month shall be considered
3 a month of service, but no more than one month of service
4 shall be credited for all service during any calendar month.
5 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.