[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1235
LRB9106764EGfg
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. Except as otherwise provided in this Section, the
14 contributions shall be based upon the applicant's employee's
15 compensation and contribution rate in effect on the date he
16 or she last became a member of the System; provided that for
17 all employment prior to January 1, 1969, the contribution
18 rate shall be that in effect for a noncovered employee on the
19 date he last became a member of the System. Except as
20 otherwise provided in this Section, contributions permitted
21 under this Section shall include regular interest from the
22 date the applicant an employee last became a member of the
23 System to the date of payment.
24 These contributions must be paid in full before
25 retirement either in a lump sum or in installment payments in
26 accordance with such rules as may be adopted by the board.
27 (a) Any member may make contributions as required in
28 this Section for any period of service, subsequent to the
29 date of establishment, but prior to the date of membership.
30 With respect only to service established under this
31 subdivision (a), if application and payment in full are made
-2- LRB9106764EGfg
1 on or after the effective date of this amendatory Act of the
2 91st General Assembly and before January 1, 2001, the payment
3 of interest is not required.
4 (b) Any employee who had been previously excluded from
5 membership because of age at entry and subsequently became
6 eligible may elect to make contributions as required in this
7 Section for the period of service during which he was
8 ineligible.
9 (c) An employee of the Department of Insurance who,
10 after January 1, 1944 but prior to becoming eligible for
11 membership, received salary from funds of insurance companies
12 in the process of rehabilitation, liquidation, conservation
13 or dissolution, may elect to make contributions as required
14 in this Section for such service.
15 (d) Any employee who rendered service in a State office
16 to which he was elected, or rendered service in the elective
17 office of Clerk of the Appellate Court prior to the date he
18 became a member, may make contributions for such service as
19 required in this Section. Any member who served by
20 appointment of the Governor under the Civil Administrative
21 Code of Illinois and did not participate in this System may
22 make contributions as required in this Section for such
23 service.
24 (e) Any person employed by the United States government
25 or any instrumentality or agency thereof from January 1, 1942
26 through November 15, 1946 as the result of a transfer from
27 State service by executive order of the President of the
28 United States shall be entitled to prior service credit
29 covering the period from January 1, 1942 through December 31,
30 1943 as provided for in this Article and to membership
31 service credit for the period from January 1, 1944 through
32 November 15, 1946 by making the contributions required in
33 this Section. A person so employed on January 1, 1944 but
34 whose employment began after January 1, 1942 may qualify for
-3- LRB9106764EGfg
1 prior service and membership service credit under the same
2 conditions.
3 (f) An employee of the Department of Labor of the State
4 of Illinois who performed services for and under the
5 supervision of that Department prior to January 1, 1944 but
6 who was compensated for those services directly by federal
7 funds and not by a warrant of the Auditor of Public Accounts
8 paid by the State Treasurer may establish credit for such
9 employment by making the contributions required in this
10 Section. An employee of the Department of Agriculture of the
11 State of Illinois, who performed services for and under the
12 supervision of that Department prior to June 1, 1963, but was
13 compensated for those services directly by federal funds and
14 not paid by a warrant of the Auditor of Public Accounts paid
15 by the State Treasurer, and who did not contribute to any
16 other public employee retirement system for such service, may
17 establish credit for such employment by making the
18 contributions required in this Section.
19 (g) Any employee who executed a waiver of membership
20 within 60 days prior to January 1, 1944 may, at any time
21 while in the service of a department, file with the board a
22 rescission of such waiver. Upon making the contributions
23 required by this Section, the member shall be granted the
24 creditable service that would have been received if the
25 waiver had not been executed.
26 (h) Until May 1, 1990, an employee who was employed on a
27 full-time basis by a regional planning commission for at
28 least 5 continuous years may establish creditable service for
29 such employment by making the contributions required under
30 this Section, provided that any credits earned by the
31 employee in the commission's retirement plan have been
32 terminated.
33 (i) Any person who rendered full time contractual
34 services to the General Assembly as a member of a legislative
-4- LRB9106764EGfg
1 staff may establish service credit for up to 8 years of such
2 services by making the contributions required under this
3 Section, provided that application therefor is made not later
4 than July 1, 1991.
5 (j) By paying the contributions otherwise required under
6 this Section, plus an amount determined by the Board to be
7 equal to the employer's normal cost of the benefit plus
8 interest, an employee may establish service credit for a
9 period of up to 2 years spent in active military service for
10 which he does not qualify for credit under Section 14-105,
11 provided that (1) he was not dishonorably discharged from
12 such military service, and (2) the amount of service credit
13 established by a member under this subsection (j), when added
14 to the amount of military service credit granted to the
15 member under subsection (b) of Section 14-105, shall not
16 exceed 5 years.
17 (k) An employee who was employed on a full-time basis by
18 the Illinois State's Attorneys Association Statewide
19 Appellate Assistance Service LEAA-ILEC grant project prior to
20 the time that project became the State's Attorneys Appellate
21 Service Commission, now the Office of the State's Attorneys
22 Appellate Prosecutor, an agency of State government, may
23 establish creditable service for not more than 60 months
24 service for such employment by making contributions required
25 under this Section.
26 (l) 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, a member may establish service credit for periods
30 of less than one year spent on authorized leave of absence
31 from service, provided that (1) the period of leave began on
32 or after January 1, 1982 and (2) any credit established by
33 the member for the period of leave in any other public
34 employee retirement system has been terminated. A member may
-5- LRB9106764EGfg
1 establish service credit under this subsection for more than
2 one period of authorized leave, and in that case the total
3 period of service credit established by the member under this
4 subsection may exceed one year. In determining the
5 contributions required for establishing service credit under
6 this subsection, the interest shall be calculated from the
7 beginning of the leave of absence to the date of payment.
8 (m) Any person who rendered contractual services to a
9 member of the General Assembly as a worker in the member's
10 district office may establish creditable service for up to 3
11 years of those contractual services by making the
12 contributions required under this Section. The System shall
13 determine a full-time salary equivalent for the purpose of
14 calculating the required contribution. To establish credit
15 under this subsection, the applicant must apply to the System
16 by March 1, 1998.
17 (n) Any person who rendered contractual services to a
18 member of the General Assembly as a worker providing
19 constituent services to persons in the member's district may
20 establish creditable service for up to 8 years of those
21 contractual services by making the contributions required
22 under this Section. The System shall determine a full-time
23 salary equivalent for the purpose of calculating the required
24 contribution. To establish credit under this subsection, the
25 applicant must apply to the System by March 1, 1998.
26 (o) A member who participated in the Illinois
27 Legislative Staff Internship Program may establish creditable
28 service for up to one year of that participation by making
29 the contribution required under this Section. The System
30 shall determine a full-time salary equivalent for the purpose
31 of calculating the required contribution. Credit may not be
32 established under this subsection for any period for which
33 service credit is established under any other provision of
34 this Code.
-6- LRB9106764EGfg
1 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
2 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff.
3 8-14-98.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.