Bill Text: IL HB5107 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the General Assembly Compensation Act. Provides that "minimum attendance requirement" means 60% of the spring legislative session days of the applicable chamber for that member or, for a member who becomes a member of the General Assembly after the spring legislative session has commenced, 60% of the remaining spring legislative session days of the applicable chamber. Provides that beginning with the 104th General Assembly, a member of the General Assembly must meet the minimum attendance requirement in order to be entitled to an annual salary under the Act. Provides that if, upon the completion of the spring legislative session, a member failed to meet the minimum attendance requirement, the member shall not receive any compensation under the Act for the remainder of the calendar year and shall reimburse the State, in a manner determined by the State Comptroller, by rule, for the payments received in the calendar year. Amends the General Assembly Article of the Illinois Pension Code. Provides that a participant who is a member and fails to meet the minimum attendance requirement shall forfeit any service credit granted during that calendar year. Provides that any contributions for the forfeited service credit shall be refunded to the participant. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB5107 Detail]

Download: Illinois-2023-HB5107-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5107 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED:
25 ILCS 115/2.5 new
40 ILCS 5/2-110 from Ch. 108 1/2, par. 2-110
40 ILCS 5/2-155.5 new
Amends the General Assembly Compensation Act. Provides that "minimum attendance requirement" means 60% of the spring legislative session days of the applicable chamber for that member or, for a member who becomes a member of the General Assembly after the spring legislative session has commenced, 60% of the remaining spring legislative session days of the applicable chamber. Provides that beginning with the 104th General Assembly, a member of the General Assembly must meet the minimum attendance requirement in order to be entitled to an annual salary under the Act. Provides that if, upon the completion of the spring legislative session, a member failed to meet the minimum attendance requirement, the member shall not receive any compensation under the Act for the remainder of the calendar year and shall reimburse the State, in a manner determined by the State Comptroller, by rule, for the payments received in the calendar year. Amends the General Assembly Article of the Illinois Pension Code. Provides that a participant who is a member and fails to meet the minimum attendance requirement shall forfeit any service credit granted during that calendar year. Provides that any contributions for the forfeited service credit shall be refunded to the participant. Makes conforming changes. Effective immediately.
LRB103 34503 RPS 64336 b
A BILL FOR
HB5107 LRB103 34503 RPS 64336 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The General Assembly Compensation Act is
amended by adding Section 2.5 as follows:
(25 ILCS 115/2.5 new)
Sec. 2.5. Salary; minimum attendance requirement.
(a) In this Section, "minimum attendance requirement"
means 60% of the spring legislative session days of the
applicable chamber of the General Assembly for that member or,
for a member who becomes a member of the General Assembly after
the spring legislative session has commenced, 60% of the
remaining spring legislative session days of the applicable
chamber of the General Assembly for that member.
(b) In order to be entitled to the annual salary set by
this Act, a member of the General Assembly must meet the
minimum attendance requirement under this Section. If, upon
the completion of the spring legislative session, a member
failed to meet the minimum attendance requirement, the member
shall not receive any compensation under this Act for the
remainder of the calendar year and shall reimburse the State,
in a manner determined by the State Comptroller, by rule, for
the payments received in that calendar year.

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(c) This Section applies beginning with the 104th General
Assembly.
Section 10. The Illinois Pension Code is amended by
changing Section 2-110 and by adding Section 2-155.5 as
follows:
(40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
Sec. 2-110. Service.
(A) "Service" means the period beginning on the day when a
person first became a member, and ending on the date under
consideration, excluding all intervening periods of
nonmembership following resignation or expiration of any term
of office.
(B) "Service" includes:
(a) Military service during war by a person who
entered such service while a member, whether rendered
before or after the expiration of any term of office; plus
up to 2 years of military service that need not have
immediately followed service as a member, and need not
have been served during wartime, provided that the member
makes contributions to the System for such service (1) at
the rates provided in Section 2-126 based upon the
member's rate of compensation on the last date as a
participant prior to such military service, or on the
first date as a participant after such military service,

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whichever is greater, plus (2) if payment is made on or
after May 1, 1993, an amount determined by the Board to be
equal to the employer's normal cost of the benefits
accrued for such military service, plus (3) interest at
the effective rate from the date of first membership in
the System to the date of payment.
The amendment to this subdivision (B)(a) made by this
amendatory Act of 1993 shall apply to persons who are
active contributors to the System on or after November 30,
1992. A person who was an active contributor to the System
on November 30, 1992 but is no longer an active
contributor may apply to purchase military credit under
this subdivision (B)(a) within 60 days after the effective
date of this amendatory Act of 1993; if the person is an
annuitant, the resulting increase in annuity shall begin
to accrue on the first day of the month following the month
in which the required payment is received by the System.
The change in the required contribution for purchased
military credit made by this amendatory Act of 1993 shall
not entitle any person to a refund of contributions
already paid.
(b) Service as a judge of a court of this State, but
credit for such service is subject to the following
conditions: (1) such person shall have been a member for
at least 4 years and contributed to the system for service
as a judge subsequent to July 8, 1947, at the rates herein

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provided, including interest at 2% per annum to the date
of payment based on the salary in effect during such
service; (2) the member was not an eligible member of nor
entitled to credit for such service in any other
retirement system in the State maintained in whole or in
part by public contributions; and (3) the last 4 years of
service prior to retirement on annuity was rendered while
a member.
(c) Service as a participating employee under Articles
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of
the Illinois Pension Code. Credit for such service may be
established by a member and, if permitted by the credit
transfer Section of the appropriate Article, by a former
member who is not yet an annuitant, and is subject to the
following conditions: (1) that the credits accrued under
the above mentioned Articles have been transferred to this
system; and (2) that the member has contributed to this
system an amount equal to (i) the contribution rate in
effect for participants at the date of membership in this
system multiplied by the salary then in effect for members
of the General Assembly for each year of service for which
credit is being transferred, plus (ii) the State's share
of the normal cost of benefits under this system expressed
as a percent of payroll, as determined by the system's
actuary as of the date of the participant's membership in
this system, multiplied by the salary then in effect for

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members of the General Assembly, for each year of service
for which credit is being transferred, plus (iii) interest
on items (i) and (ii) above at 6% per annum compounded
annually, from the date of membership to the date of
payment by the participant, less (iv) the amount
transferred to this system on behalf of the participant on
account of service rendered while a participant under the
above mentioned Articles.
(d) Service, before October 1, 1975, as an officer
elected by the people of Illinois, for which creditable
service is required to be transferred from the State
Employees' Retirement System to this system by this
amendatory Act of 1975.
(e) Service rendered prior to January 1, 1964, as a
justice of the peace or police magistrate or as a civil
referee in the Municipal Court of Chicago, but credit for
such service may not be granted until the member has paid
to the system an amount equal to (1) the contribution rate
for participants at the date of membership in this system
multiplied by the salary then in effect for members of the
General Assembly for each year of service for which credit
is being transferred, plus (2) the State's share of the
normal cost of benefits under this system expressed as a
percent of payroll, as determined by the system's actuary
as of the date of the participant's membership in this
system, multiplied by the salary then in effect for

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members of the General Assembly, for each year of service
for which credit is allowed, plus, (3) interest on (1) and
(2) above at 6% per annum compounded annually from the
date of membership to the date of payment by the member.
However, a participant may not receive more than 6 years
of credit for such service nor may any member receive
credit under this paragraph for service for which credit
has been granted in any other public pension fund or
retirement system in the State.
(f) Service before January 16, 1981, as an officer
elected by the people of Illinois, for which creditable
service is transferred from the State Employees'
Retirement System to this system.
(C) Service during any fraction of a month shall be
considered as a month of service.
Service includes the total period of time for which a
participant is elected as a member or officer, even though he
or she does not complete the term because of death,
resignation, judicial decision, or operation of law, provided
that the contributions required under this Article for such
entire period of office have been made by or on behalf of the
participant. In the case of a participant appointed or elected
to fill a vacancy, service includes the total period from
January 1 of the year in which his or her service commences to
the end of the term in which the vacancy occurs, provided the
participant contributes in the year of appointment an amount

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equal to the contributions that would have been required had
the participant received salary for the entire year. The
foregoing provisions relating to a participant appointed or
elected to fill a vacancy shall not apply if the participant
was a member of the other legislative chamber at the time of
appointment or election.
(D) Notwithstanding the other provisions of this Section,
if application to transfer or establish service credit under
paragraph (c) or (e) of subsection (B) of this Section is made
between January 1, 1992 and February 1, 1993, the contribution
required for such credit shall be an amount equal to (1) the
contribution rate in effect for participants at the date of
membership in this system multiplied by the salary then in
effect for members of the General Assembly for each year of
service for which credit is being granted, plus (2) interest
thereon at 6% per annum compounded annually, from the date of
membership to the date of payment by the member, less (3) any
amount transferred to this system on behalf of the member on
account of such service credit.
(E) "Service" does not include periods for which service
credit was forfeited under Section 2-155.5, notwithstanding
any other provision of this Section.
(Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
(40 ILCS 5/2-155.5 new)
Sec. 2-155.5. Service credit forfeiture. A participant who

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is a member and, upon the conclusion of the spring legislative
session, fails to meet the minimum attendance requirement, as
defined under Section 2.5 of the General Assembly Compensation
Act, shall forfeit any service credit granted during that
calendar year. Any contributions for the forfeited service
credit shall be refunded to the participant. This Section
applies to a person who first becomes a participant on or after
January 10, 2024.