[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
92_HB0233eng HB0233 Engrossed LRB9203719EGfg 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 permitted. 9 Contributions provided for in this Section shall cover the 10 period of service granted. Except as otherwise provided in 11 this Section, the contributions shall be based upon the 12 employee's compensation and contribution rate in effect on 13 the date he last became a member of the System; provided that 14 for all employment prior to January 1, 1969 the contribution 15 rate shall be that in effect for a noncovered employee on the 16 date he last became a member of the System. Except as 17 otherwise provided in this Section, contributions permitted 18 under this Section shall include regular interest from the 19 date an employee last became a member of the System to the 20 date of payment. 21 These contributions must be paid in full before 22 retirement either in a lump sum or in installment payments in 23 accordance with such rules as may be adopted by the board. 24 (a) Any member may make contributions as required in 25 this Section for any period of service, subsequent to the 26 date of establishment, but prior to the date of membership. 27 (b) Any employee who had been previously excluded from 28 membership because of age at entry and subsequently became 29 eligible may elect to make contributions as required in this 30 Section for the period of service during which he was 31 ineligible. HB0233 Engrossed -2- LRB9203719EGfg 1 (c) An employee of the Department of Insurance who, 2 after January 1, 1944 but prior to becoming eligible for 3 membership, received salary from funds of insurance companies 4 in the process of rehabilitation, liquidation, conservation 5 or dissolution, may elect to make contributions as required 6 in this Section for such service. 7 (d) Any employee who rendered service in a State office 8 to which he was elected, or rendered service in the elective 9 office of Clerk of the Appellate Court prior to the date he 10 became a member, may make contributions for such service as 11 required in this Section. Any member who served by 12 appointment of the Governor under the Civil Administrative 13 Code of Illinois and did not participate in this System may 14 make contributions as required in this Section for such 15 service. 16 (e) Any person employed by the United States government 17 or any instrumentality or agency thereof from January 1, 1942 18 through November 15, 1946 as the result of a transfer from 19 State service by executive order of the President of the 20 United States shall be entitled to prior service credit 21 covering the period from January 1, 1942 through December 31, 22 1943 as provided for in this Article and to membership 23 service credit for the period from January 1, 1944 through 24 November 15, 1946 by making the contributions required in 25 this Section. A person so employed on January 1, 1944 but 26 whose employment began after January 1, 1942 may qualify for 27 prior service and membership service credit under the same 28 conditions. 29 (f) An employee of the Department of Labor of the State 30 of Illinois who performed services for and under the 31 supervision of that Department prior to January 1, 1944 but 32 who was compensated for those services directly by federal 33 funds and not by a warrant of the Auditor of Public Accounts 34 paid by the State Treasurer may establish credit for such HB0233 Engrossed -3- LRB9203719EGfg 1 employment by making the contributions required in this 2 Section. An employee of the Department of Agriculture of the 3 State of Illinois, who performed services for and under the 4 supervision of that Department prior to June 1, 1963, but was 5 compensated for those services directly by federal funds and 6 not paid by a warrant of the Auditor of Public Accounts paid 7 by the State Treasurer, and who did not contribute to any 8 other public employee retirement system for such service, may 9 establish credit for such employment by making the 10 contributions required in this Section. 11 (g) Any employee who executed a waiver of membership 12 within 60 days prior to January 1, 1944 may, at any time 13 while in the service of a department, file with the board a 14 rescission of such waiver. Upon making the contributions 15 required by this Section, the member shall be granted the 16 creditable service that would have been received if the 17 waiver had not been executed. 18 (h) Until May 1, 1990, an employee who was employed on a 19 full-time basis by a regional planning commission for at 20 least 5 continuous years may establish creditable service for 21 such employment by making the contributions required under 22 this Section, provided that any credits earned by the 23 employee in the commission's retirement plan have been 24 terminated. 25 (i) Any person who rendered full time contractual 26 services to the General Assembly as a member of a legislative 27 staff may establish service credit for up to 8 years of such 28 services by making the contributions required under this 29 Section, provided that application therefor is made not later 30 than July 1, 1991. 31 (j) By paying the contributions otherwise required under 32 this Section, plus an amount determined by the Board to be 33 equal to the employer's normal cost of the benefit plus 34 interest, an employee may establish service credit for a HB0233 Engrossed -4- LRB9203719EGfg 1 period of up to 2 years spent in active military service for 2 which he does not qualify for credit under Section 14-105, 3 provided that (1) he was not dishonorably discharged from 4 such military service, and (2) the amount of service credit 5 established by a member under this subsection (j), when added 6 to the amount of military service credit granted to the 7 member under subsection (b) of Section 14-105, shall not 8 exceed 5 years. 9 (k) An employee who was employed on a full-time basis by 10 the Illinois State's Attorneys Association Statewide 11 Appellate Assistance Service LEAA-ILEC grant project prior to 12 the time that project became the State's Attorneys Appellate 13 Service Commission, now the Office of the State's Attorneys 14 Appellate Prosecutor, an agency of State government, may 15 establish creditable service for not more than 60 months 16 service for such employment by making contributions required 17 under this Section. 18 (l) By paying the contributions otherwise required under 19 this Section, plus an amount determined by the Board to be 20 equal to the employer's normal cost of the benefit plus 21 interest, a member may establish service credit for periods 22 of less than one year spent on authorized leave of absence 23 from service, provided that (1) the period of leave began on 24 or after January 1, 1982 and (2) any credit established by 25 the member for the period of leave in any other public 26 employee retirement system has been terminated. A member may 27 establish service credit under this subsection for more than 28 one period of authorized leave, and in that case the total 29 period of service credit established by the member under this 30 subsection may exceed one year. In determining the 31 contributions required for establishing service credit under 32 this subsection, the interest shall be calculated from the 33 beginning of the leave of absence to the date of payment. 34 (m) Any person who rendered contractual services to a HB0233 Engrossed -5- LRB9203719EGfg 1 member of the General Assembly as a worker in the member's 2 district office may establish creditable service for up to 3 3 years of those contractual services by making the 4 contributions required under this Section. The System shall 5 determine a full-time salary equivalent for the purpose of 6 calculating the required contribution. To establish credit 7 under this subsection, the applicant must apply to the System 8 by March 1, 1998. 9 (n) Any person who rendered contractual services to a 10 member of the General Assembly as a worker providing 11 constituent services to persons in the member's district may 12 establish creditable service for up to 8 years of those 13 contractual services by making the contributions required 14 under this Section. The System shall determine a full-time 15 salary equivalent for the purpose of calculating the required 16 contribution. To establish credit under this subsection, the 17 applicant must apply to the System by March 1, 1998. 18 (o) A member who participated in the Illinois 19 Legislative Staff Internship Program may establish creditable 20 service for up to one year of that participation by making 21 the contribution required under this Section. The System 22 shall determine a full-time salary equivalent for the purpose 23 of calculating the required contribution. Credit may not be 24 established under this subsection for any period for which 25 service credit is established under any other provision of 26 this Code. 27 (p) By paying the contributions required under this 28 Section, plus an amount determined by the Board to be equal 29 to the employer's normal cost of the benefit plus interest, 30 an employee who was laid off but returned to State employment 31 under circumstances in which the employee is considered to 32 have been in continuous service for purposes of determining 33 seniority may establish creditable service for the period of 34 the layoff, provided that (1) the applicant does not receive HB0233 Engrossed -6- LRB9203719EGfg 1 credit for that period under any other provision of this 2 Code, (2) at the time of the layoff, the applicant had 3 attained certified status under the rules of the Department 4 of Central Management Services, and (3) the total amount of 5 creditable service established by the applicant under this 6 subsection does not exceed 2 years. For service established 7 under this subsection, the required employee contribution 8 shall be based on the rate of compensation earned by the 9 employee on the date of returning to employment after the 10 layoff and the contribution rate then in effect, and the 11 required interest shall be calculated from the date of 12 returning to employment after the layoff to the date of 13 payment. 14 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97; 15 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff. 16 8-14-98.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.