[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1152
LRB9102102EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 2-110.
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 2-110 as follows:
7 (40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
8 Sec. 2-110. Service.
9 (A) "Service" means the period beginning on the day when
10 a person first became a member, and ending on the date under
11 consideration, excluding all intervening periods of
12 nonmembership following resignation or expiration of any term
13 of office.
14 (B) "Service" includes:
15 (a) Military service during war by a person who
16 entered such service while a member, whether rendered
17 before or after the expiration of any term of office;
18 plus up to 2 years of military service that need not have
19 immediately followed service as a member, and need not
20 have been served during wartime, provided that the member
21 makes contributions to the System for such service (1) at
22 the rates provided in Section 2-126 based upon the
23 member's rate of compensation on the last date as a
24 participant prior to such military service, or on the
25 first date as a participant after such military service,
26 whichever is greater, plus (2) if payment is made on or
27 after May 1, 1993, an amount determined by the Board to
28 be equal to the employer's normal cost of the benefits
29 accrued for such military service, plus (3) interest at
30 the effective rate from the date of first membership in
31 the System to the date of payment.
-2- LRB9102102EGfg
1 The amendment to this subdivision (B)(a) made by
2 this amendatory Act of 1993 shall apply to persons who
3 are active contributors to the System on or after
4 November 30, 1992. A person who was an active
5 contributor to the System on November 30, 1992 but is no
6 longer an active contributor may apply to purchase
7 military credit under this subdivision (B)(a) within 60
8 days after the effective date of this amendatory Act of
9 1993; if the person is an annuitant, the resulting
10 increase in annuity shall begin to accrue on the first
11 day of the month following the month in which the
12 required payment is received by the System. The change
13 in the required contribution for purchased military
14 credit made by this amendatory Act of 1993 shall not
15 entitle any person to a refund of contributions already
16 paid.
17 (b) Service as a judge of a court of this State,
18 but credit for such service is subject to the following
19 conditions: (1) such person shall have been a member for
20 at least 4 years and contributed to the system for
21 service as a judge subsequent to July 8, 1947, at the
22 rates herein provided, including interest at 2% per annum
23 to the date of payment based on the salary in effect
24 during such service; (2) the member was not an eligible
25 member of nor entitled to credit for such service in any
26 other retirement system in the State maintained in whole
27 or in part by public contributions; and (3) the last 4
28 years of service prior to retirement on annuity was
29 rendered while a member.
30 (c) Service as a participating employee under
31 Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
32 17 or 18 of the Illinois Pension Code. Credit for such
33 service may be established by a member and, if permitted
34 by the credit transfer Section of the appropriate
-3- LRB9102102EGfg
1 Article, by a former member who is not yet an annuitant,
2 and is subject to the following conditions: (1) that the
3 credits accrued under the above mentioned Articles have
4 been transferred to this system; and (2) that the member
5 has contributed to this system an amount equal to (i) the
6 contribution rate in effect for participants at the date
7 of membership in this system multiplied by the salary
8 then in effect for members of the General Assembly for
9 each year of service for which credit is being
10 transferred, plus (ii) the State's share of the normal
11 cost of benefits under this system expressed as a percent
12 of payroll, as determined by the system's actuary as of
13 the date of the participant's membership in this system,
14 multiplied by the salary then in effect for members of
15 the General Assembly, for each year of service for which
16 credit is being transferred, plus (iii) interest on items
17 (i) and (ii) above at 6% per annum compounded annually,
18 from the date of membership to the date of payment by the
19 participant, less (iv) the amount transferred to this
20 system on behalf of the participant on account of service
21 rendered while a participant under the above mentioned
22 Articles.
23 (d) Service, before October 1, 1975, as an officer
24 elected by the people of Illinois, for which creditable
25 service is required to be transferred from the State
26 Employees' Retirement System to this system by this
27 amendatory Act of 1975.
28 (e) Service rendered prior to January 1, 1964, as a
29 justice of the peace or police magistrate or as a civil
30 referee in the Municipal Court of Chicago, but credit for
31 such service may not be granted until the member has paid
32 to the system an amount equal to (1) the contribution
33 rate for participants at the date of membership in this
34 system multiplied by the salary then in effect for
-4- LRB9102102EGfg
1 members of the General Assembly for each year of service
2 for which credit is being transferred, plus (2) the
3 State's share of the normal cost of benefits under this
4 system expressed as a percent of payroll, as determined
5 by the system's actuary as of the date of the
6 participant's membership in this system, multiplied by
7 the salary then in effect for members of the General
8 Assembly, for each year of service for which credit is
9 allowed, plus, (3) interest on (1) and (2) above at 6%
10 per annum compounded annually from the date of membership
11 to the date of payment by the member. However, a
12 participant may not receive more than 6 years of credit
13 for such service nor may any member receive credit under
14 this paragraph for service for which credit has been
15 granted in any other public pension fund or retirement
16 system in the State.
17 (f) Service before January 16, 1981, as an officer
18 elected by the people of Illinois, for which creditable
19 service is transferred from the State Employees'
20 Retirement System to this system.
21 (C) Service during any fraction of a month shall be
22 considered as a month of service.
23 Service includes the total period of time for which a
24 participant is elected as a member or officer, even though he
25 or she does not complete the term because of death,
26 resignation, judicial decision, or operation of law, provided
27 that the contributions required under this Article for such
28 entire period of office have been made by or on behalf of the
29 participant. In the case of a participant appointed or
30 elected to fill a vacancy, service includes the total period
31 from January 1 of the year in which his or her service
32 commences to the end of the term in which the vacancy occurs,
33 provided the participant contributes in the year of
34 appointment an amount equal to the contributions that would
-5- LRB9102102EGfg
1 have been required had the participant received salary for
2 the entire year. The foregoing provisions relating to a
3 participant appointed or elected to fill a vacancy shall not
4 apply if the participant was a member of the other
5 legislative chamber at the time of appointment or election.
6 (D) Notwithstanding the other provisions of this
7 Section, if application to transfer or establish service
8 credit under paragraph (c) or (e) of subsection (B) of this
9 Section is made between January 1, 2000 1992 and February 1,
10 2001 1993, the contribution required for such credit shall be
11 an amount equal to (1) the contribution rate in effect for
12 participants at the date of membership in this system
13 multiplied by the salary then in effect for members of the
14 General Assembly for each year of service for which credit is
15 being granted, plus (2) interest thereon at 6% per annum
16 compounded annually, from the date of membership to the date
17 of payment by the member, less (3) any amount transferred to
18 this system on behalf of the member on account of such
19 service credit.
20 The amendments to this subsection (D) made by this
21 amendatory Act of the 91st General Assembly apply to active
22 participants in the System and to former participants who
23 have not yet begun to receive a retirement annuity. The
24 change in the required contribution made by this amendatory
25 Act does not entitle any person to a refund of contributions
26 already paid.
27 (Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.