Bill Text: IL HB2455 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Illinois Pension Code. In various Articles of the Code, provides that participants under those Articles are entitled only to creditable service for periods of service with a labor organization if the employee and employer contributions for the service are received by the Fund before the effective date of the amendatory Act. Amends the IMRF Article of the Illinois Pension Code to provide that the Illinois Municipal League and the Will County Governmental League are participating instrumentalities only with respect to service on or before the effective date of the amendatory Act. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-17 - Referred to Rules Committee [HB2455 Detail]
Download: Illinois-2015-HB2455-Introduced.html
| |||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| ||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||||||||||||||
5 | Sections 3-110, 4-108, 5-214, 6-209, 7-132, 8-226, 11-215, | ||||||||||||||||||||||||||||||||||||||||||
6 | 15-107, 16-106, and 17-134 as follows:
| ||||||||||||||||||||||||||||||||||||||||||
7 | (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
| ||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 3-110. Creditable service.
| ||||||||||||||||||||||||||||||||||||||||||
9 | (a) "Creditable service" is the time served by a police | ||||||||||||||||||||||||||||||||||||||||||
10 | officer as a member
of a regularly constituted police force of | ||||||||||||||||||||||||||||||||||||||||||
11 | a municipality. In computing
creditable service furloughs | ||||||||||||||||||||||||||||||||||||||||||
12 | without pay exceeding 30 days shall not be
counted, but all | ||||||||||||||||||||||||||||||||||||||||||
13 | leaves of absence for illness or accident, regardless of
| ||||||||||||||||||||||||||||||||||||||||||
14 | length, and all periods of disability retirement for which a | ||||||||||||||||||||||||||||||||||||||||||
15 | police officer has
received no disability pension payments | ||||||||||||||||||||||||||||||||||||||||||
16 | under this Article shall be counted.
| ||||||||||||||||||||||||||||||||||||||||||
17 | (a-5) Up to 3 years of time during which the police officer | ||||||||||||||||||||||||||||||||||||||||||
18 | receives
a disability pension under Section 3-114.1, 3-114.2, | ||||||||||||||||||||||||||||||||||||||||||
19 | 3-114.3, or 3-114.6
shall be counted as creditable service, | ||||||||||||||||||||||||||||||||||||||||||
20 | provided that
(i) the police officer returns to active service | ||||||||||||||||||||||||||||||||||||||||||
21 | after the disability for a
period at least equal to the period | ||||||||||||||||||||||||||||||||||||||||||
22 | for which credit is to be established and
(ii) the police | ||||||||||||||||||||||||||||||||||||||||||
23 | officer makes contributions to the fund based on the rates
|
| |||||||
| |||||||
1 | specified in Section 3-125.1 and the salary upon which the | ||||||
2 | disability pension
is based. These contributions may be paid at | ||||||
3 | any time prior to the
commencement of a retirement pension. The | ||||||
4 | police officer may, but need not,
elect to have the | ||||||
5 | contributions deducted from the disability pension or to
pay | ||||||
6 | them in installments on a schedule approved by the board. If | ||||||
7 | not
deducted from the disability pension, the contributions | ||||||
8 | shall include
interest at the rate of 6% per year, compounded | ||||||
9 | annually, from the date
for which service credit is being | ||||||
10 | established to the date of payment. If
contributions are paid | ||||||
11 | under this subsection (a-5) in excess of those
needed to | ||||||
12 | establish the credit, the excess shall be refunded. This
| ||||||
13 | subsection (a-5) applies to persons receiving a disability | ||||||
14 | pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on | ||||||
15 | the effective date of this
amendatory Act of the 91st General | ||||||
16 | Assembly, as well as persons who begin to
receive such a | ||||||
17 | disability pension after that date.
| ||||||
18 | (b) Creditable service includes all periods of service in | ||||||
19 | the military,
naval or air forces of the United States entered | ||||||
20 | upon while an active police
officer of a municipality, provided | ||||||
21 | that upon applying for a permanent pension,
and in accordance | ||||||
22 | with the rules of the board, the police officer pays into the
| ||||||
23 | fund the amount the officer would have contributed if he or she | ||||||
24 | had been a
regular contributor during such period, to the | ||||||
25 | extent that the municipality
which the police officer served | ||||||
26 | has not made such contributions in the
officer's behalf. The |
| |||||||
| |||||||
1 | total amount of such creditable service shall not
exceed 5 | ||||||
2 | years, except that any police officer who on July 1, 1973 had | ||||||
3 | more
than 5 years of such creditable service shall receive the | ||||||
4 | total amount thereof.
| ||||||
5 | (b-5) Creditable service includes all periods of service in | ||||||
6 | the military, naval, or air forces of the United States entered | ||||||
7 | upon before beginning service as an active police officer of a | ||||||
8 | municipality, provided that, in accordance with the rules of | ||||||
9 | the board, the police officer pays into the fund the amount the | ||||||
10 | police officer would have contributed if he or she had been a | ||||||
11 | regular contributor during such period, plus an amount | ||||||
12 | determined by the Board to be equal to the municipality's | ||||||
13 | normal cost of the benefit, plus interest at the actuarially | ||||||
14 | assumed rate calculated from the date the employee last became | ||||||
15 | a police officer under this Article. The total amount of such | ||||||
16 | creditable service shall not exceed 2 years. | ||||||
17 | (c) Creditable service also includes service rendered by a | ||||||
18 | police
officer while on leave of absence from a police | ||||||
19 | department to serve as an
executive of an organization whose | ||||||
20 | membership consists of members of a
police department, subject | ||||||
21 | to the following conditions: (i) the police
officer is a | ||||||
22 | participant of a fund established under this Article with at
| ||||||
23 | least 10 years of service as a police officer; (ii) the police | ||||||
24 | officer
received no credit for such service under any other | ||||||
25 | retirement system,
pension fund, or annuity and benefit fund | ||||||
26 | included in this Code; (iii)
pursuant to the rules of the board |
| |||||||
| |||||||
1 | the police officer pays to the fund the
amount he or she would | ||||||
2 | have contributed had the officer been an active
member of the | ||||||
3 | police department; (iv) the organization pays a
contribution | ||||||
4 | equal to the municipality's normal cost for that
period of | ||||||
5 | service; and (v) for all leaves of absence under this | ||||||
6 | subsection (c), including those beginning before January 5, | ||||||
7 | 2012 ( the effective date of Public Act 97-651) this amendatory | ||||||
8 | Act of the 97th General Assembly , the police officer continues | ||||||
9 | to remain in sworn status, subject to the professional | ||||||
10 | standards of the public employer or those terms established in | ||||||
11 | statute ; and (vi) the employee and employer contributions for | ||||||
12 | the service are received by the fund before the effective date | ||||||
13 | of this amendatory Act of the 99th General Assembly .
| ||||||
14 | (d)(1) Creditable service also includes periods of | ||||||
15 | service originally
established in another police pension | ||||||
16 | fund under this Article or in the Fund
established under | ||||||
17 | Article 7 of this Code for which (i) the contributions have
| ||||||
18 | been transferred under Section 3-110.7 or Section 7-139.9 | ||||||
19 | and (ii) any
additional contribution required under | ||||||
20 | paragraph (2) of this subsection has
been paid in full in | ||||||
21 | accordance with the requirements of this subsection (d).
| ||||||
22 | (2) If the board of the pension fund to which | ||||||
23 | creditable service and
related
contributions are | ||||||
24 | transferred under Section 7-139.9 determines that
the | ||||||
25 | amount transferred is less than the true cost to the | ||||||
26 | pension fund of
allowing that creditable service to be |
| |||||||
| |||||||
1 | established, then in order to establish
that creditable | ||||||
2 | service the police officer must pay to the pension fund, | ||||||
3 | within
the payment period specified in paragraph (3) of | ||||||
4 | this subsection, an additional
contribution equal to the | ||||||
5 | difference, as determined by the board in accordance
with | ||||||
6 | the rules and procedures adopted under paragraph (6) of | ||||||
7 | this subsection. If the board of the pension fund to which | ||||||
8 | creditable service and
related
contributions are | ||||||
9 | transferred under Section 3-110.7 determines that
the | ||||||
10 | amount transferred is less than the true cost to the | ||||||
11 | pension fund of
allowing that creditable service to be | ||||||
12 | established, then the police officer may elect (A) to | ||||||
13 | establish
that creditable service by paying to the pension | ||||||
14 | fund, within
the payment period specified in paragraph (3) | ||||||
15 | of this subsection (d), an additional
contribution equal to | ||||||
16 | the difference, as determined by the board in accordance
| ||||||
17 | with the rules and procedures adopted under paragraph (6) | ||||||
18 | of this subsection (d) or (B) to have his or her creditable | ||||||
19 | service reduced by an amount equal to the difference | ||||||
20 | between the amount transferred under Section 3-110.7 and | ||||||
21 | the true cost to the pension fund of allowing that | ||||||
22 | creditable service to be established, as determined by the | ||||||
23 | board in accordance with the rules and procedures adopted | ||||||
24 | under paragraph (6) of this subsection (d).
| ||||||
25 | (3) Except as provided in paragraph (4), the additional
| ||||||
26 | contribution that is required or elected under paragraph |
| |||||||
| |||||||
1 | (2) of this subsection (d) must be paid to the board (i) | ||||||
2 | within 5 years from the date of the
transfer of | ||||||
3 | contributions under Section 3-110.7 or 7-139.9 and (ii) | ||||||
4 | before the
police officer terminates service with the fund. | ||||||
5 | The additional contribution
may be paid in a lump sum or in | ||||||
6 | accordance with a schedule of installment
payments | ||||||
7 | authorized by the board.
| ||||||
8 | (4) If the police officer dies in service before | ||||||
9 | payment in full has been
made and before the expiration of | ||||||
10 | the 5-year payment period, the surviving
spouse of the | ||||||
11 | officer may elect to pay the unpaid amount on the officer's
| ||||||
12 | behalf within 6 months after the date of death, in which | ||||||
13 | case the creditable
service shall be granted as though the | ||||||
14 | deceased police officer had paid the
remaining balance on | ||||||
15 | the day before the date of death.
| ||||||
16 | (5) If the additional contribution that is required or | ||||||
17 | elected under paragraph (2) of this subsection (d) is not | ||||||
18 | paid in full within the
required time, the creditable | ||||||
19 | service shall not be granted and the
police officer (or the | ||||||
20 | officer's surviving spouse or estate) shall be entitled
to | ||||||
21 | receive a refund of (i) any partial payment of the | ||||||
22 | additional contribution
that has been made by the police | ||||||
23 | officer and (ii) those portions of the amounts
transferred | ||||||
24 | under subdivision (a)(1) of Section 3-110.7 or | ||||||
25 | subdivisions (a)(1)
and (a)(3) of Section 7-139.9 that | ||||||
26 | represent employee contributions paid by the
police |
| |||||||
| |||||||
1 | officer (but not the accumulated interest on those | ||||||
2 | contributions) and
interest paid by the police officer to | ||||||
3 | the prior pension fund in order to
reinstate service | ||||||
4 | terminated by acceptance of a refund.
| ||||||
5 | At the time of paying a refund under this item (5), the | ||||||
6 | pension fund
shall also repay to the pension fund from | ||||||
7 | which the contributions were
transferred under Section | ||||||
8 | 3-110.7 or 7-139.9 the amount originally transferred
under | ||||||
9 | subdivision (a)(2) of that Section, plus interest at the | ||||||
10 | rate of 6% per
year, compounded annually, from the date of | ||||||
11 | the original transfer to the date
of repayment. Amounts | ||||||
12 | repaid to the Article 7 fund under this provision shall
be | ||||||
13 | credited to the appropriate municipality.
| ||||||
14 | Transferred credit that is not granted due to failure | ||||||
15 | to pay the additional
contribution within the required time | ||||||
16 | is lost; it may not be transferred to
another pension fund | ||||||
17 | and may not be reinstated in the pension fund from which
it | ||||||
18 | was transferred.
| ||||||
19 | (6) The Public Employee Pension Fund Division of the | ||||||
20 | Department of
Insurance
shall establish by rule the manner | ||||||
21 | of making the calculation required under
paragraph (2) of | ||||||
22 | this subsection, taking into account the appropriate | ||||||
23 | actuarial
assumptions; the police officer's service, age, | ||||||
24 | and salary history; the level
of funding of the pension | ||||||
25 | fund to which the credits are being transferred; and
any | ||||||
26 | other factors that the Division determines to be relevant. |
| |||||||
| |||||||
1 | The rules may
require that all calculations made under | ||||||
2 | paragraph (2) be reported to the
Division by the board | ||||||
3 | performing the calculation, together with documentation
of | ||||||
4 | the creditable service to be transferred, the amounts of | ||||||
5 | contributions and
interest to be transferred, the manner in | ||||||
6 | which the calculation was performed,
the numbers relied | ||||||
7 | upon in making the calculation, the results of the
| ||||||
8 | calculation, and any other information the Division may | ||||||
9 | deem useful.
| ||||||
10 | (e)(1) Creditable service also includes periods of | ||||||
11 | service originally
established in the Fund
established | ||||||
12 | under Article 7 of this Code for which the contributions | ||||||
13 | have
been transferred under Section 7-139.11.
| ||||||
14 | (2) If the board of the pension fund to which | ||||||
15 | creditable service and
related
contributions are | ||||||
16 | transferred under Section 7-139.11 determines that
the | ||||||
17 | amount transferred is less than the true cost to the | ||||||
18 | pension fund of
allowing that creditable service to be | ||||||
19 | established, then the amount of creditable service the | ||||||
20 | police officer may establish under this subsection (e) | ||||||
21 | shall be reduced by an amount equal to the difference, as | ||||||
22 | determined by the board in accordance
with the rules and | ||||||
23 | procedures adopted under paragraph (3) of this subsection.
| ||||||
24 | (3) The Public Pension Division of the Department of
| ||||||
25 | Financial and Professional Regulation
shall establish by | ||||||
26 | rule the manner of making the calculation required under
|
| |||||||
| |||||||
1 | paragraph (2) of this subsection, taking into account the | ||||||
2 | appropriate actuarial
assumptions; the police officer's | ||||||
3 | service, age, and salary history; the level
of funding of | ||||||
4 | the pension fund to which the credits are being | ||||||
5 | transferred; and
any other factors that the Division | ||||||
6 | determines to be relevant. The rules may
require that all | ||||||
7 | calculations made under paragraph (2) be reported to the
| ||||||
8 | Division by the board performing the calculation, together | ||||||
9 | with documentation
of the creditable service to be | ||||||
10 | transferred, the amounts of contributions and
interest to | ||||||
11 | be transferred, the manner in which the calculation was | ||||||
12 | performed,
the numbers relied upon in making the | ||||||
13 | calculation, the results of the
calculation, and any other | ||||||
14 | information the Division may deem useful.
| ||||||
15 | (4) Until January 1, 2010, a police officer who | ||||||
16 | transferred service from the Fund established under | ||||||
17 | Article 7 of this Code under the provisions of Public Act | ||||||
18 | 94-356 may establish additional credit, but only for the | ||||||
19 | amount of the service credit reduction in that transfer, as | ||||||
20 | calculated under paragraph (3) of this subsection (e). This | ||||||
21 | credit may be established upon payment by the police | ||||||
22 | officer of an amount to be determined by the board, equal | ||||||
23 | to (1) the amount that would have been contributed as | ||||||
24 | employee and employer contributions had all of the service | ||||||
25 | been as an employee under this Article, plus interest | ||||||
26 | thereon at the rate of 6% per year, compounded annually |
| |||||||
| |||||||
1 | from the date of service to the date of transfer, less (2) | ||||||
2 | the total amount transferred from the Article 7 Fund, plus | ||||||
3 | (3) interest on the difference at the rate of 6% per year, | ||||||
4 | compounded annually, from the date of the transfer to the | ||||||
5 | date of payment. The additional service credit is allowed | ||||||
6 | under this amendatory Act of the 95th General Assembly | ||||||
7 | notwithstanding the provisions of Article 7 terminating | ||||||
8 | all transferred credits on the date of transfer. | ||||||
9 | (Source: P.A. 96-297, eff. 8-11-09; 96-1260, eff. 7-23-10; | ||||||
10 | 97-651, eff. 1-5-12.)
| ||||||
11 | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
| ||||||
12 | Sec. 4-108. Creditable service.
| ||||||
13 | (a) Creditable service is the time served as a firefighter | ||||||
14 | of a
municipality. In computing creditable service, furloughs | ||||||
15 | and leaves of
absence without pay exceeding 30 days in any one | ||||||
16 | year shall not be counted,
but leaves of absence for illness or | ||||||
17 | accident regardless of length, and
periods of disability for | ||||||
18 | which a firefighter received no disability
pension payments | ||||||
19 | under this Article, shall be counted.
| ||||||
20 | (b) Furloughs and leaves of absence of 30 days or less in | ||||||
21 | any one year may
be counted as creditable service, if the | ||||||
22 | firefighter makes the contribution
to the fund that would have | ||||||
23 | been required had he or she not been
on furlough or leave of | ||||||
24 | absence. To qualify for this creditable service,
the | ||||||
25 | firefighter must pay the required contributions to the fund not |
| |||||||
| |||||||
1 | more
than 90 days subsequent to the termination of the furlough | ||||||
2 | or leave of
absence, to the extent that the municipality has | ||||||
3 | not made such contribution
on his or her behalf.
| ||||||
4 | (c) Creditable service includes:
| ||||||
5 | (1) Service in the military, naval or air forces of the
| ||||||
6 | United States entered upon when the person was an active
| ||||||
7 | firefighter, provided
that, upon applying for a permanent | ||||||
8 | pension, and in accordance with the
rules of the board the | ||||||
9 | firefighter pays into the fund the amount that would
have | ||||||
10 | been contributed had he or she been a regular contributor | ||||||
11 | during such
period of service, if and to the extent that | ||||||
12 | the municipality which the
firefighter served made no such | ||||||
13 | contributions in his or her behalf. The
total amount of | ||||||
14 | such creditable service shall not exceed 5 years, except
| ||||||
15 | that any firefighter who on July 1, 1973 had more than 5 | ||||||
16 | years of such
creditable service shall receive the total | ||||||
17 | amount thereof as of that date.
| ||||||
18 | (1.5) Up to 24 months of service in the military, | ||||||
19 | naval, or air forces of the United States that was served | ||||||
20 | prior to employment by a municipality or fire protection | ||||||
21 | district as a firefighter. To receive the credit for the | ||||||
22 | military service prior to the employment as a firefighter, | ||||||
23 | the firefighter must apply in writing to the fund and must | ||||||
24 | make contributions to the fund equal to (i) the employee | ||||||
25 | contributions that would have been required had the service | ||||||
26 | been rendered as a member, plus (ii) an amount determined |
| |||||||
| |||||||
1 | by the fund to be equal to the employer's normal cost of | ||||||
2 | the benefits accrued for that military service, plus (iii) | ||||||
3 | interest at the actuarially assumed rate provided by the | ||||||
4 | Department of Financial and Professional Regulation, | ||||||
5 | compounded annually from the first date of membership in | ||||||
6 | the fund to the date of payment on items (i) and (ii). The | ||||||
7 | changes to this paragraph (1.5) by this amendatory Act of | ||||||
8 | the 95th General Assembly apply only to participating | ||||||
9 | employees in service on or after its effective date.
| ||||||
10 | (2) Service prior to July 1, 1976 by a firefighter | ||||||
11 | initially excluded
from participation by reason of age who | ||||||
12 | elected to participate and paid
the required contributions | ||||||
13 | for such service.
| ||||||
14 | (3) Up to 8 years of service by a firefighter as an | ||||||
15 | officer in a statewide
firefighters' association when he is | ||||||
16 | on a leave of absence from a
municipality's payroll, | ||||||
17 | provided that (i) the firefighter has at least 10
years of | ||||||
18 | creditable service as an active firefighter, (ii) the | ||||||
19 | firefighter
contributes to the fund the amount that he | ||||||
20 | would have contributed had he
remained an active member of | ||||||
21 | the fund, (iii) the employee or statewide
firefighter | ||||||
22 | association contributes to the fund an amount equal to the
| ||||||
23 | employer's required contribution as determined by the | ||||||
24 | board, and (iv) for all leaves of absence under this | ||||||
25 | subdivision (3), including those beginning before January | ||||||
26 | 5, 2012 ( the effective date of Public Act 97-651) this |
| |||||||
| |||||||
1 | amendatory Act of the 97th General Assembly , the | ||||||
2 | firefighter continues to remain in sworn status, subject to | ||||||
3 | the professional standards of the public employer or those | ||||||
4 | terms established in statute , and (v) the employee and | ||||||
5 | employer contributions for the service are received by the | ||||||
6 | fund before the effective date of this amendatory Act of | ||||||
7 | the 99th General Assembly .
| ||||||
8 | (4) Time spent as an on-call fireman for a | ||||||
9 | municipality,
calculated at the rate of one year of | ||||||
10 | creditable service for each 5 years
of time spent as an | ||||||
11 | on-call fireman, provided that (i) the firefighter has
at | ||||||
12 | least 18 years of creditable service as an active | ||||||
13 | firefighter, (ii) the
firefighter spent at least 14 years | ||||||
14 | as an on-call firefighter for the
municipality, (iii) the | ||||||
15 | firefighter applies for such creditable service
within 30 | ||||||
16 | days after the effective date of this amendatory Act of | ||||||
17 | 1989,
(iv) the firefighter contributes to the Fund an | ||||||
18 | amount representing
employee contributions for the number | ||||||
19 | of years of creditable service
granted under this | ||||||
20 | subdivision (4), based on the salary and contribution
rate | ||||||
21 | in effect for the firefighter at the date of entry into the | ||||||
22 | Fund, to
be determined by the board, and (v) not more than | ||||||
23 | 3 years of creditable
service may be granted under this | ||||||
24 | subdivision (4).
| ||||||
25 | Except as provided in Section 4-108.5, creditable | ||||||
26 | service shall not
include time
spent as a volunteer |
| |||||||
| |||||||
1 | firefighter, whether or not any compensation was received
| ||||||
2 | therefor. The change made in this Section by Public Act | ||||||
3 | 83-0463 is intended
to be a restatement and clarification | ||||||
4 | of existing law, and does not imply
that creditable service | ||||||
5 | was previously allowed under this Article for time
spent as | ||||||
6 | a volunteer firefighter.
| ||||||
7 | (5) Time served between July 1, 1976 and July 1, 1988 | ||||||
8 | in
the position of protective inspection officer or | ||||||
9 | administrative assistant
for fire services, for a | ||||||
10 | municipality with a population under 10,000 that is
located | ||||||
11 | in a county with a population over 3,000,000 and that | ||||||
12 | maintains a
firefighters' pension fund under this Article, | ||||||
13 | if the position included
firefighting duties, | ||||||
14 | notwithstanding that the person may not have held an
| ||||||
15 | appointment as a firefighter, provided that application is | ||||||
16 | made to the
pension fund within 30 days after the effective | ||||||
17 | date of this amendatory Act
of 1991, and the corresponding | ||||||
18 | contributions are paid for the number of
years of service | ||||||
19 | granted, based upon the salary and contribution rate in
| ||||||
20 | effect for the firefighter at the date of entry into the | ||||||
21 | pension fund, as
determined by the Board.
| ||||||
22 | (6) Service before becoming a participant by a | ||||||
23 | firefighter initially
excluded from participation by | ||||||
24 | reason of age who becomes a participant
under the amendment | ||||||
25 | to Section 4-107 made by this amendatory Act of 1993 and
| ||||||
26 | pays the required contributions for such service.
|
| |||||||
| |||||||
1 | (7) Up to 3 years of time during which the firefighter | ||||||
2 | receives a
disability pension under Section 4-110, | ||||||
3 | 4-110.1, or 4-111, provided that (i)
the firefighter | ||||||
4 | returns to active service after the disability for a period | ||||||
5 | at
least equal to the period for which credit is to be | ||||||
6 | established and (ii) the
firefighter makes contributions | ||||||
7 | to the fund based on the rates specified in
Section 4-118.1 | ||||||
8 | and the salary upon which the disability pension is based.
| ||||||
9 | These contributions may be paid at any time prior to the | ||||||
10 | commencement of a
retirement pension. The firefighter may, | ||||||
11 | but need not, elect to have the
contributions deducted from | ||||||
12 | the disability pension or to pay them in
installments on a | ||||||
13 | schedule approved by the board. If not deducted from the
| ||||||
14 | disability pension, the contributions
shall include | ||||||
15 | interest at the rate of 6% per year, compounded annually, | ||||||
16 | from
the date for which service credit is being established | ||||||
17 | to the date of payment.
If contributions are paid under | ||||||
18 | this subdivision (c)(7) in excess of those
needed to | ||||||
19 | establish the credit, the excess shall be refunded. This
| ||||||
20 | subdivision (c)(7) applies to persons receiving a | ||||||
21 | disability pension under
Section 4-110, 4-110.1, or 4-111 | ||||||
22 | on the effective date of this amendatory Act
of the 91st | ||||||
23 | General Assembly, as well as persons who begin to receive | ||||||
24 | such a
disability pension after that date.
| ||||||
25 | (Source: P.A. 97-651, eff. 1-5-12.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| ||||||
2 | Sec. 5-214. Credit for other service. Any participant in | ||||||
3 | this fund (other
than a member of the fire department of the | ||||||
4 | city) who has rendered service
as a member of the police | ||||||
5 | department of the city for a period of 3 years
or more is | ||||||
6 | entitled to credit for the various purposes of this Article for
| ||||||
7 | service rendered prior to becoming a member or subsequent | ||||||
8 | thereto for the
following periods:
| ||||||
9 | (a) While on leave of absence from the police | ||||||
10 | department assigned or
detailed to investigative, | ||||||
11 | protective, security or police work for the park
district | ||||||
12 | of the city, the department of the Port of Chicago or the | ||||||
13 | sanitary
district in which the city is located.
| ||||||
14 | (b) As a temporary police officer in the city or while | ||||||
15 | serving in the
office of the mayor or in the office of the | ||||||
16 | corporation counsel, as a
member of the city council of the | ||||||
17 | city, as an employee of the Policemen's
Annuity and Benefit | ||||||
18 | Fund created by this Article, as the head
of an | ||||||
19 | organization whose membership consists of members of the | ||||||
20 | police
department, the Public Vehicle License Commission | ||||||
21 | and the board of election
commissioners of the city, | ||||||
22 | provided that, in each of these cases and for all periods | ||||||
23 | specified in this item (b), including those beginning | ||||||
24 | before January 5, 2012 ( the effective date of Public Act | ||||||
25 | 97-651) this amendatory Act of the 97th General Assembly , | ||||||
26 | the police officer is on leave and continues to remain in |
| |||||||
| |||||||
1 | sworn status, subject to the professional standards of the | ||||||
2 | public employer or those terms established in statute.
| ||||||
3 | (c) While performing safety or investigative work for | ||||||
4 | the county in which
such city is principally located or for | ||||||
5 | the State of Illinois or for the
federal government, on | ||||||
6 | leave of absence from the department of police, or
while | ||||||
7 | performing investigative work for the department as a | ||||||
8 | civilian
employee of the department.
| ||||||
9 | (d) While on leave of absence from the police | ||||||
10 | department of the city
and serving as the chief of police | ||||||
11 | of a police department outside the city.
| ||||||
12 | No credit shall be granted in this fund, however, for this | ||||||
13 | service if the
policeman has credit therefor in any other | ||||||
14 | annuity and benefit fund, or
unless he contributes to this fund | ||||||
15 | the amount he would have contributed
with interest had he | ||||||
16 | remained an active member of the police department
in the | ||||||
17 | position he occupied as a result of a civil service competitive
| ||||||
18 | examination, certification and appointment by the Civil | ||||||
19 | Service Board; or
in the case of a city operating under the | ||||||
20 | provisions of a personnel ordinance
the position he occupied as | ||||||
21 | a result of a personnel ordinance competitive
examination | ||||||
22 | certification and appointment under the authority of a | ||||||
23 | Municipal
Personnel ordinance.
| ||||||
24 | Concurrently with such contributions, the city shall | ||||||
25 | contribute the amounts
provided by this Article. No credit | ||||||
26 | shall be allowed for any period of
time for which contributions |
| |||||||
| |||||||
1 | by the policeman have not been paid. The period
of service | ||||||
2 | rendered by such policeman prior to the date he became a member
| ||||||
3 | of the police department of the city or while detailed, | ||||||
4 | assigned or on leave
of absence and employed in any of the | ||||||
5 | departments set forth hereinabove
in this Section for which | ||||||
6 | such policeman has contributed to this fund shall
be credited | ||||||
7 | to him as service for all the purposes of this Article, except
| ||||||
8 | that he shall not have any of the rights conferred by the | ||||||
9 | provisions of
Sections 5-127 and 5-162 of this Article.
| ||||||
10 | The changes in this Section made by Public Act 86-273 shall | ||||||
11 | apply to members
of the fund who have not begun receiving a | ||||||
12 | pension under this Article on August
23, 1989, without regard | ||||||
13 | to whether employment is terminated before that date.
| ||||||
14 | Notwithstanding any other provision of this Section, | ||||||
15 | participants are only entitled to credit for service under | ||||||
16 | paragraph (b) of this Section as the head
of an organization | ||||||
17 | whose membership consists of members of the police
department | ||||||
18 | if the employee and employer contributions for the service are | ||||||
19 | received by the Fund before the effective date of this | ||||||
20 | amendatory Act of the 99th General Assembly. | ||||||
21 | (Source: P.A. 97-651, eff. 1-5-12.)
| ||||||
22 | (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
| ||||||
23 | Sec. 6-209.
In computing the service rendered by a fireman | ||||||
24 | prior to
the effective date, the following periods shall be | ||||||
25 | counted, in addition
to all periods during which he performed |
| |||||||
| |||||||
1 | the duties of his position, as
periods of service for annuity | ||||||
2 | purposes only: All periods of (a)
vacation, (b) leave of | ||||||
3 | absence with whole or part pay, (c) leave of
absence without | ||||||
4 | pay which were necessary on account of disability, and
(d) | ||||||
5 | leave of absence during which he was engaged in the military or
| ||||||
6 | naval service of the United States of America. Service credit | ||||||
7 | shall not
be allowed for any period during which a fireman was | ||||||
8 | in receipt of
pension on account of disability from any pension | ||||||
9 | fund superseded by
this fund.
| ||||||
10 | In computing the service rendered by a fireman on and after | ||||||
11 | the
effective date, the following periods shall be counted in | ||||||
12 | addition to
all periods during which he performed the duties of | ||||||
13 | his position, as
periods of service for annuity purposes only: | ||||||
14 | All periods of (a)
vacation, (b) leave of absence with whole or | ||||||
15 | part pay, (c) leave of
absence during which he was engaged in | ||||||
16 | the military or naval service of
the United States of America, | ||||||
17 | (d) disability for which he receives any
disability benefit, | ||||||
18 | (e) disability for which he receives whole or part
pay, (f) | ||||||
19 | leave of absence, or other authorized relief from active
duty, | ||||||
20 | during which he served as president of The Firemen's | ||||||
21 | Association of
Chicago, provided that for all leaves of absence | ||||||
22 | or other authorized relief under this item (f), including those | ||||||
23 | beginning before January 5, 2012 ( the effective date of Public | ||||||
24 | Act 97-651) this amendatory Act of the 97th General Assembly , | ||||||
25 | the fireman continues to remain in sworn status, subject to the | ||||||
26 | professional standards of the public employer or those terms |
| |||||||
| |||||||
1 | established in statute, (g) periods of suspension from duty not | ||||||
2 | to exceed a total of one
year during the total period of | ||||||
3 | service of the fireman, and (h) a period of
time not to exceed | ||||||
4 | 23 days in 1980 in accordance with an agreement with the
City | ||||||
5 | on a settlement of strike; provided that the fireman elects to
| ||||||
6 | make contributions to the Fund for the various annuity and | ||||||
7 | benefit purposes
according to the provisions of this Article as | ||||||
8 | though he were an active
fireman, based upon the salary | ||||||
9 | attached to the civil service rank held by
him during such | ||||||
10 | absence from duty, and if the fireman so elects, the city
shall | ||||||
11 | make the prescribed concurrent contributions for such annuity | ||||||
12 | and
benefit purposes as provided in this Article, all to the | ||||||
13 | end that such
fireman shall be entitled to receive the same | ||||||
14 | annuities and benefits for
which he would otherwise be eligible | ||||||
15 | if he had continued as an active
fireman during the periods of | ||||||
16 | absence from duty. Notwithstanding any other provision of this | ||||||
17 | Section, a fireman may only use a leave of absence, or other | ||||||
18 | authorized relief from active
duty, during which the fireman | ||||||
19 | served as president of The Firemen's Association of
Chicago in | ||||||
20 | computing his or her service if the employee and employer | ||||||
21 | contributions for the service are received by the Fund before | ||||||
22 | the effective date of this amendatory Act of the 99th General | ||||||
23 | Assembly.
| ||||||
24 | In computing service on and after the effective date for | ||||||
25 | ordinary
disability benefit, all periods described in the | ||||||
26 | preceding paragraph,
except any period for which a fireman |
| |||||||
| |||||||
1 | receives ordinary disability
benefit, shall be counted as | ||||||
2 | periods of service.
| ||||||
3 | In computing service for any of the purposes of this | ||||||
4 | Article, credit
shall be given for any periods prior to January | ||||||
5 | 9, 1997,
during which an active fireman (or fire paramedic) who | ||||||
6 | is a member of the
General Assembly is on leave of absence or | ||||||
7 | is otherwise
authorized to be absent from duty to enable him to | ||||||
8 | perform his legislative
duties, notwithstanding any reduction | ||||||
9 | in salary for such periods and
notwithstanding that the | ||||||
10 | contributions paid by the fireman were based on
such reduced | ||||||
11 | salary rather than the full amount of salary attached to his
| ||||||
12 | civil service rank.
| ||||||
13 | In computing service for any of the purposes of this | ||||||
14 | Article, no
credit shall be given for any period during which a | ||||||
15 | fireman was not
rendering active service because of his | ||||||
16 | discharge from the service,
unless proceedings to test the | ||||||
17 | legality of the discharge are filed in a
court of competent | ||||||
18 | jurisdiction within one year from the date of
discharge and a | ||||||
19 | final judgment is entered therein declaring the
discharge | ||||||
20 | illegal.
| ||||||
21 | No overtime or extra service shall be included in computing | ||||||
22 | service
of a fireman and not more than one year or a proper | ||||||
23 | fractional part
thereof of service shall be allowed for service | ||||||
24 | rendered during any
calendar year.
| ||||||
25 | (Source: P.A. 97-651, eff. 1-5-12.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
| ||||||
2 | Sec. 7-132. Municipalities, instrumentalities and | ||||||
3 | participating
instrumentalities included and effective dates.
| ||||||
4 | (A) Municipalities and their instrumentalities.
| ||||||
5 | (a) The following described municipalities, but not | ||||||
6 | including any with
more than 1,000,000 inhabitants, and the | ||||||
7 | instrumentalities thereof,
shall be included within and be | ||||||
8 | subject to this Article beginning upon the
effective dates | ||||||
9 | specified by the Board:
| ||||||
10 | (1) Except as to the municipalities and | ||||||
11 | instrumentalities thereof
specifically excluded under this | ||||||
12 | Article, every county shall be subject to
this Article, and | ||||||
13 | all cities, villages and incorporated towns having a
| ||||||
14 | population in excess of 5,000 inhabitants as determined by | ||||||
15 | the last
preceding decennial or subsequent federal census, | ||||||
16 | shall be subject to this
Article following publication of | ||||||
17 | the census by the Bureau of the Census.
Within 90 days | ||||||
18 | after publication of the census, the Board shall notify
any | ||||||
19 | municipality that has become subject to this Article as a | ||||||
20 | result of
that census, and shall provide information to the | ||||||
21 | corporate authorities of
the municipality explaining the | ||||||
22 | duties and consequences of participation.
The notification | ||||||
23 | shall also include a proposed date upon which
participation | ||||||
24 | by the municipality will commence.
| ||||||
25 | However, for any city, village or incorporated town |
| |||||||
| |||||||
1 | that attains a
population over 5,000 inhabitants after | ||||||
2 | having provided social security
coverage for its employees | ||||||
3 | under the Social Security Enabling Act,
participation | ||||||
4 | under this Article shall not be mandatory but may be | ||||||
5 | elected
in accordance with subparagraph (3) or (4) of this | ||||||
6 | paragraph (a), whichever
is applicable.
| ||||||
7 | (2) School districts, other than those specifically
| ||||||
8 | excluded under this Article, shall be subject to this | ||||||
9 | Article, without
election, with respect to all employees | ||||||
10 | thereof.
| ||||||
11 | (3) Towns and all other bodies politic and corporate | ||||||
12 | which
are formed by vote of, or are subject to control by, | ||||||
13 | the electors in towns
and are located in towns which are | ||||||
14 | not participating municipalities on the
effective date of | ||||||
15 | this Act, may become subject to this Article by
election | ||||||
16 | pursuant to Section 7-132.1.
| ||||||
17 | (4) Any other municipality (together with its | ||||||
18 | instrumentalities),
other than those specifically excluded | ||||||
19 | from participation and those
described in paragraph (3) | ||||||
20 | above, may elect to be included either by
referendum under | ||||||
21 | Section 7-134 or by the adoption of a resolution or
| ||||||
22 | ordinance by its governing body. A copy of such resolution | ||||||
23 | or ordinance
duly authenticated and certified by the clerk | ||||||
24 | of the municipality or other
appropriate official of its | ||||||
25 | governing body shall constitute the required
notice to the | ||||||
26 | board of such action.
|
| |||||||
| |||||||
1 | (b) A municipality that is about to begin participation | ||||||
2 | shall submit to
the Board an application to participate, in a | ||||||
3 | form acceptable to the Board,
not later than 90 days prior to | ||||||
4 | the proposed effective date of
participation. The Board shall | ||||||
5 | act upon the application within 90 days,
and if it finds that | ||||||
6 | the application is in conformity with its requirements
and the | ||||||
7 | requirements of this Article, participation by the applicant | ||||||
8 | shall
commence on a date acceptable to the municipality and | ||||||
9 | specified by the
Board, but in no event more than one year from | ||||||
10 | the date of application.
| ||||||
11 | (c) A participating municipality which succeeds to the | ||||||
12 | functions
of a participating municipality which is dissolved or | ||||||
13 | terminates its
existence shall assume and be transferred the | ||||||
14 | net accumulation balance
in the municipality reserve and the | ||||||
15 | municipality account receivable
balance of the terminated | ||||||
16 | municipality.
| ||||||
17 | (d) In the case of a Veterans Assistance Commission whose | ||||||
18 | employees
were being treated by the Fund on January 1, 1990 as | ||||||
19 | employees of the
county served by the Commission, the Fund may | ||||||
20 | continue to treat the
employees of the Veterans Assistance | ||||||
21 | Commission as county employees for
the purposes of this | ||||||
22 | Article, unless the Commission becomes a participating
| ||||||
23 | instrumentality in accordance with subsection (B) of this | ||||||
24 | Section.
| ||||||
25 | (B) Participating instrumentalities.
|
| |||||||
| |||||||
1 | (a) The participating instrumentalities designated in
| ||||||
2 | paragraph (b) of this subsection shall be included within
and | ||||||
3 | be subject to this Article if:
| ||||||
4 | (1) an application to participate, in a form acceptable | ||||||
5 | to
the Board and adopted by a two-thirds vote of the | ||||||
6 | governing body, is
presented to the Board not later than 90 | ||||||
7 | days prior to the proposed
effective date; and
| ||||||
8 | (2) the Board finds that the application is in
| ||||||
9 | conformity with its requirements, that the applicant has | ||||||
10 | reasonable
expectation to continue as a political entity | ||||||
11 | for a period of at least
10 years and has the prospective | ||||||
12 | financial capacity to meet its
current and future | ||||||
13 | obligations to the Fund, and that the actuarial
soundness | ||||||
14 | of the Fund may be reasonably expected to be unimpaired by
| ||||||
15 | approval of participation by the applicant.
| ||||||
16 | The Board shall notify the applicant of its findings within | ||||||
17 | 90 days
after receiving the application, and if the
Board | ||||||
18 | approves the application, participation by the applicant shall
| ||||||
19 | commence on the effective date specified by the Board.
| ||||||
20 | (b) The following participating instrumentalities, so long | ||||||
21 | as
they meet the requirements of Section 7-108 and the area | ||||||
22 | served by them
or within their jurisdiction is not located | ||||||
23 | entirely within a municipality
having more than one million | ||||||
24 | inhabitants, may be included hereunder:
| ||||||
25 | i. Township School District Trustees.
| ||||||
26 | ii. Multiple County and Consolidated Health |
| |||||||
| |||||||
1 | Departments created
under Division 5-25 of the Counties | ||||||
2 | Code or its predecessor law.
| ||||||
3 | iii. Public Building Commissions created under the | ||||||
4 | Public Building
Commission Act, and located in counties of | ||||||
5 | less
than 1,000,000 inhabitants.
| ||||||
6 | iv. A multitype, consolidated or cooperative
library | ||||||
7 | system created under the Illinois Library System Act. Any
| ||||||
8 | library system created under the Illinois Library System | ||||||
9 | Act that has one
or more predecessors that participated in | ||||||
10 | the Fund may participate in the
Fund upon application. The | ||||||
11 | Board shall establish procedures for
implementing the | ||||||
12 | transfer of rights and obligations from the predecessor
| ||||||
13 | system to the successor system.
| ||||||
14 | v. Regional Planning Commissions created under | ||||||
15 | Division 5-14 of the
Counties Code or its predecessor law.
| ||||||
16 | vi. Local Public Housing Authorities created under the | ||||||
17 | Housing
Authorities Act, located in counties of less than | ||||||
18 | 1,000,000 inhabitants.
| ||||||
19 | vii. Illinois Municipal League , but only with respect | ||||||
20 | to service on or before the effective date of this | ||||||
21 | amendatory Act of the 99th General Assembly .
| ||||||
22 | viii. Northeastern Illinois Metropolitan Area Planning | ||||||
23 | Commission.
| ||||||
24 | ix. Southwestern Illinois Metropolitan Area Planning | ||||||
25 | Commission.
| ||||||
26 | x. Illinois Association of Park Districts.
|
| |||||||
| |||||||
1 | xi. Illinois Supervisors, County Commissioners and | ||||||
2 | Superintendents
of Highways Association.
| ||||||
3 | xii. Tri-City Regional Port District.
| ||||||
4 | xiii. An association, or not-for-profit corporation, | ||||||
5 | membership in
which is authorized under Section 85-15 of | ||||||
6 | the Township Code.
| ||||||
7 | xiv. Drainage Districts operating under the Illinois | ||||||
8 | Drainage
Code.
| ||||||
9 | xv. Local mass transit districts created under the | ||||||
10 | Local Mass
Transit District Act.
| ||||||
11 | xvi. Soil and water conservation districts created | ||||||
12 | under the Soil
and Water Conservation Districts Law.
| ||||||
13 | xvii. Commissions created to provide water supply or | ||||||
14 | sewer services
or both under Division 135 or Division 136 | ||||||
15 | of Article 11 of the Illinois
Municipal Code.
| ||||||
16 | xviii. Public water districts created under the Public | ||||||
17 | Water
District Act.
| ||||||
18 | xix. Veterans Assistance Commissions established under | ||||||
19 | Section
9 of the Military Veterans Assistance Act that
| ||||||
20 | serve counties with a population of less than 1,000,000.
| ||||||
21 | xx. The governing body of an entity, other than a | ||||||
22 | vocational education
cooperative, created under an | ||||||
23 | intergovernmental cooperative agreement
established | ||||||
24 | between participating municipalities under the
| ||||||
25 | Intergovernmental Cooperation Act, which by the terms of | ||||||
26 | the agreement is
the employer of the persons performing |
| |||||||
| |||||||
1 | services under the agreement under
the usual common law | ||||||
2 | rules determining the employer-employee relationship.
The | ||||||
3 | governing body of such an intergovernmental cooperative | ||||||
4 | entity
established prior to July 1, 1988 may make | ||||||
5 | participation retroactive to the
effective date of the | ||||||
6 | agreement and, if so, the effective date of
participation | ||||||
7 | shall be the date the required application is filed with | ||||||
8 | the
fund. If any such entity is unable to pay the required | ||||||
9 | employer
contributions to the fund, then the participating | ||||||
10 | municipalities shall make
payment of the required | ||||||
11 | contributions and the payments shall be allocated
as | ||||||
12 | provided in the agreement or, if not so provided, equally | ||||||
13 | among them.
| ||||||
14 | xxi. The Illinois Municipal Electric Agency.
| ||||||
15 | xxii. The Waukegan Port District.
| ||||||
16 | xxiii. The Fox Waterway Agency created under the Fox | ||||||
17 | Waterway Agency
Act.
| ||||||
18 | xxiv. The Illinois Municipal Gas Agency.
| ||||||
19 | xxv. The Kaskaskia Regional Port District.
| ||||||
20 | xxvi. The Southwestern Illinois Development Authority.
| ||||||
21 | xxvii. The Cairo Public Utility Company.
| ||||||
22 | xxviii. Except with respect to employees who elect to | ||||||
23 | participate in the State Employees' Retirement System of | ||||||
24 | Illinois under Section 14-104.13 of this Code, the Chicago | ||||||
25 | Metropolitan Agency for Planning created under the | ||||||
26 | Regional Planning Act, provided that, with respect to the |
| |||||||
| |||||||
1 | benefits payable pursuant to Sections 7-146, 7-150, and | ||||||
2 | 7-164 and the requirement that eligibility for such | ||||||
3 | benefits is conditional upon satisfying a minimum period of | ||||||
4 | service or a minimum contribution, any employee of the | ||||||
5 | Chicago Metropolitan Agency for Planning that was | ||||||
6 | immediately prior to such employment an employee of the | ||||||
7 | Chicago Area Transportation Study or the Northeastern | ||||||
8 | Illinois Planning Commission, such employee's service at | ||||||
9 | the Chicago Area Transportation Study or the Northeastern | ||||||
10 | Illinois Planning Commission and contributions to the | ||||||
11 | State Employees' Retirement System of Illinois established | ||||||
12 | under Article 14 and the Illinois Municipal Retirement Fund | ||||||
13 | shall count towards the satisfaction of such requirements.
| ||||||
14 | xxix. United Counties Council (formerly the Urban | ||||||
15 | Counties Council), but only if the Council has a ruling | ||||||
16 | from the United States Internal Revenue Service that it is | ||||||
17 | a governmental entity.
| ||||||
18 | xxx. The Will County Governmental League, but only if | ||||||
19 | the League has a ruling from the United States Internal | ||||||
20 | Revenue Service that it is a governmental entity and only | ||||||
21 | with respect to service on or before the effective date of | ||||||
22 | this amendatory Act of the 99th General Assembly . | ||||||
23 | (c) The governing boards of special education joint | ||||||
24 | agreements
created under Section 10-22.31 of the School Code | ||||||
25 | without designation of an
administrative district shall be | ||||||
26 | included within and be subject to this
Article as participating |
| |||||||
| |||||||
1 | instrumentalities when the joint agreement becomes
effective. | ||||||
2 | However, the governing board of any such special education
| ||||||
3 | joint agreement in effect before September 5, 1975 shall not be | ||||||
4 | subject to this
Article unless the joint agreement is modified | ||||||
5 | by the school districts to
provide that the governing board is | ||||||
6 | subject to this Article, except as
otherwise provided by this | ||||||
7 | Section.
| ||||||
8 | The governing board of the Special Education District of | ||||||
9 | Lake County shall
become subject to this Article as a | ||||||
10 | participating instrumentality on July 1,
1997. Notwithstanding | ||||||
11 | subdivision (a)1 of Section 7-139, on the effective date
of | ||||||
12 | participation, employees of the governing board of the Special | ||||||
13 | Education
District of Lake County shall receive creditable | ||||||
14 | service for their prior
service with that employer, up to a | ||||||
15 | maximum of 5 years, without any employee
contribution. | ||||||
16 | Employees may establish creditable service for the remainder
of | ||||||
17 | their prior service with that employer, if any, by applying in | ||||||
18 | writing and
paying an employee contribution in an amount | ||||||
19 | determined by the Fund, based on
the employee contribution | ||||||
20 | rates in effect at the time of application for the
creditable | ||||||
21 | service and the employee's salary rate on the effective date of
| ||||||
22 | participation for that employer, plus interest at the effective | ||||||
23 | rate from the
date of the prior service to the date of payment. | ||||||
24 | Application for this
creditable service must be made before | ||||||
25 | July 1, 1998; the payment may be made
at any time while the | ||||||
26 | employee is still in service. The employer may elect to
make |
| |||||||
| |||||||
1 | the required contribution on behalf of the employee.
| ||||||
2 | The governing board of a special education joint agreement | ||||||
3 | created
under Section 10-22.31 of the School Code for which an | ||||||
4 | administrative
district has been designated, if there are | ||||||
5 | employees of the cooperative
educational entity who are not | ||||||
6 | employees of the administrative district,
may elect to | ||||||
7 | participate in the Fund and be included within this Article as
| ||||||
8 | a participating instrumentality, subject to such application | ||||||
9 | procedures and
rules as the Board may prescribe.
| ||||||
10 | The Boards of Control of cooperative or joint educational | ||||||
11 | programs or
projects created and administered under Section | ||||||
12 | 3-15.14 of the School
Code, whether or not the Boards act as | ||||||
13 | their own administrative district,
shall be included within and | ||||||
14 | be subject to this Article as participating
instrumentalities | ||||||
15 | when the agreement establishing the cooperative or joint
| ||||||
16 | educational program or project becomes effective.
| ||||||
17 | The governing board of a special education joint agreement | ||||||
18 | entered into
after June 30, 1984 and prior to September 17, | ||||||
19 | 1985 which provides for
representation on the governing board | ||||||
20 | by less than all the participating
districts shall be included | ||||||
21 | within and subject to this Article as a
participating | ||||||
22 | instrumentality. Such participation shall be effective as of
| ||||||
23 | the date the joint agreement becomes effective.
| ||||||
24 | The governing boards of educational service centers | ||||||
25 | established under
Section 2-3.62 of the School Code shall be | ||||||
26 | included within and subject to
this Article as participating |
| |||||||
| |||||||
1 | instrumentalities. The governing boards of
vocational | ||||||
2 | education cooperative agreements created under the
| ||||||
3 | Intergovernmental Cooperation Act and approved by the State | ||||||
4 | Board of
Education shall be included within and be subject to | ||||||
5 | this
Article as participating instrumentalities. If any such | ||||||
6 | governing boards
or boards of control are unable to pay the | ||||||
7 | required employer contributions
to the fund, then the school | ||||||
8 | districts served by such boards shall make
payment of required | ||||||
9 | contributions as provided in Section 7-172. The
payments shall | ||||||
10 | be allocated among the several school districts in
proportion | ||||||
11 | to the number of students in average daily attendance for the
| ||||||
12 | last full school year for each district in relation to the | ||||||
13 | total number of
students in average attendance for such period | ||||||
14 | for all districts served.
If such educational service centers, | ||||||
15 | vocational education cooperatives or
cooperative or joint | ||||||
16 | educational programs or projects created and
administered | ||||||
17 | under Section 3-15.14 of the School Code are dissolved, the
| ||||||
18 | assets and obligations shall be distributed among the districts | ||||||
19 | in the
same proportions unless otherwise provided.
| ||||||
20 | The governing board of Paris Cooperative High School shall | ||||||
21 | be included within and be subject to this
Article as a | ||||||
22 | participating instrumentality on July 14, 2010 ( the effective | ||||||
23 | date of Public Act 96-1046) this amendatory Act of the 96th | ||||||
24 | General Assembly . If the governing board of Paris Cooperative | ||||||
25 | High School is unable to pay the required employer | ||||||
26 | contributions
to the fund, then the school districts served |
| |||||||
| |||||||
1 | shall make
payment of required contributions as provided in | ||||||
2 | Section 7-172. The
payments shall be allocated among the | ||||||
3 | several school districts in
proportion to the number of | ||||||
4 | students in average daily attendance for the
last full school | ||||||
5 | year for each district in relation to the total number of
| ||||||
6 | students in average attendance for such period for all | ||||||
7 | districts served.
If Paris Cooperative High School is | ||||||
8 | dissolved, then the
assets and obligations shall be distributed | ||||||
9 | among the districts in the
same proportions unless otherwise | ||||||
10 | provided. | ||||||
11 | The Philip J. Rock Center and School shall be included | ||||||
12 | within and be subject to this Article as a participating | ||||||
13 | instrumentality on July 26, 2012 ( the effective date of Public | ||||||
14 | Act 97-854) this amendatory Act of the 97th General Assembly . | ||||||
15 | The Philip J. Rock Center and School shall certify to the Fund | ||||||
16 | the dates of service of all employees within 90 days of July | ||||||
17 | 26, 2012 ( the effective date of Public Act 97-854) this | ||||||
18 | amendatory Act of the 97th General Assembly . The Fund shall | ||||||
19 | transfer to the IMRF account of the Philip J. Rock Center and | ||||||
20 | School all creditable service and all employer contributions | ||||||
21 | made on behalf of the employees for service at the Philip J. | ||||||
22 | Rock Center and School that were reported and paid to IMRF by | ||||||
23 | another employer prior to this date. If the Philip J. Rock | ||||||
24 | Center and School is unable to pay the required employer | ||||||
25 | contributions to the Fund, then the amount due will be paid by | ||||||
26 | all employers as defined in item (2) of paragraph (a) of |
| |||||||
| |||||||
1 | subsection (A) of this Section. The payments shall be allocated | ||||||
2 | among these employers in proportion to the number of students | ||||||
3 | in average daily attendance for the last full school year for | ||||||
4 | each district in relation to the total number of students in | ||||||
5 | average attendance for such period for all districts. If the | ||||||
6 | Philip J. Rock Center and School is dissolved, then its IMRF | ||||||
7 | assets and obligations shall be distributed in the same | ||||||
8 | proportions unless otherwise provided. | ||||||
9 | Financial Oversight Panels established under Article 1H of | ||||||
10 | the School Code shall be included within and be subject to this | ||||||
11 | Article as a participating instrumentality on August 16, 2011 | ||||||
12 | ( the effective date of Public Act 97-429) this amendatory Act | ||||||
13 | of the 97th General Assembly . If the Financial Oversight Panel | ||||||
14 | is unable to pay the required employer contributions to the | ||||||
15 | fund, then the school districts served shall make payment of | ||||||
16 | required contributions as provided in Section 7-172. If the | ||||||
17 | Financial Oversight Panel is dissolved, then the assets and | ||||||
18 | obligations shall be distributed to the district served. | ||||||
19 | (d) The governing boards of special recreation joint | ||||||
20 | agreements
created under Section 8-10b of the Park District | ||||||
21 | Code, operating
without
designation of an administrative | ||||||
22 | district or an administrative
municipality appointed to | ||||||
23 | administer the program operating under the
authority of such | ||||||
24 | joint agreement shall be included within and be
subject to this | ||||||
25 | Article as participating instrumentalities when the
joint | ||||||
26 | agreement becomes effective. However, the governing board of |
| |||||||
| |||||||
1 | any
such special recreation joint agreement in effect before | ||||||
2 | January 1,
1980 shall not be subject to this Article unless the | ||||||
3 | joint agreement is
modified, by the districts and | ||||||
4 | municipalities which are parties to the
agreement, to provide | ||||||
5 | that the governing board is subject to this Article.
| ||||||
6 | If the Board returns any employer and employee | ||||||
7 | contributions to any
employer which erroneously submitted such | ||||||
8 | contributions on behalf of a
special recreation joint | ||||||
9 | agreement, the Board shall include interest
computed from the | ||||||
10 | end of each year to the date of payment, not compounded,
at the | ||||||
11 | rate of 7% per annum.
| ||||||
12 | (e) Each multi-township assessment district, the board of
| ||||||
13 | trustees of which has adopted this Article by ordinance prior | ||||||
14 | to April 1,
1982, shall be a participating instrumentality | ||||||
15 | included within and subject
to this Article effective December | ||||||
16 | 1, 1981. The contributions required
under Section 7-172 shall | ||||||
17 | be included in the budget prepared under and
allocated in | ||||||
18 | accordance with Section 2-30 of the Property Tax Code.
| ||||||
19 | (f) The Illinois Medical District Commission created under | ||||||
20 | the Illinois Medical District Act may be included within and | ||||||
21 | subject to
this Article as a participating instrumentality, | ||||||
22 | notwithstanding that the location of the District is entirely | ||||||
23 | within the City of Chicago. To become a participating | ||||||
24 | instrumentality, the Commission must apply to the Board in the | ||||||
25 | manner set forth in paragraph (a) of this subsection (B). If | ||||||
26 | the
Board approves the application, under the criteria and |
| |||||||
| |||||||
1 | procedures set forth in paragraph (a) and any other applicable | ||||||
2 | rules, criteria, and procedures of the Board, participation by | ||||||
3 | the Commission shall
commence on the effective date specified | ||||||
4 | by the Board.
| ||||||
5 | (C) Prospective participants. | ||||||
6 | Beginning January 1, 1992, each prospective participating
| ||||||
7 | municipality or participating instrumentality shall pay to the | ||||||
8 | Fund the
cost, as determined by the Board, of a study prepared | ||||||
9 | by the Fund or its
actuary, detailing the prospective costs of | ||||||
10 | participation in the Fund to be
expected by the municipality or | ||||||
11 | instrumentality.
| ||||||
12 | (Source: P.A. 96-211, eff. 8-10-09; 96-551, eff. 8-17-09; | ||||||
13 | 96-1000, eff. 7-2-10; 96-1046, eff. 7-14-10; 97-429, eff. | ||||||
14 | 8-16-11; 97-854, eff. 7-26-12.)
| ||||||
15 | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| ||||||
16 | Sec. 8-226. Computation of service.
In computing the term | ||||||
17 | of service of an employee prior to the effective
date, the | ||||||
18 | entire period beginning on the date he was first appointed and
| ||||||
19 | ending on the day before the effective date, except any | ||||||
20 | intervening period
during which he was separated by withdrawal | ||||||
21 | from service, shall be counted
for all purposes of this | ||||||
22 | Article, except that for any employee who was not
in service on | ||||||
23 | the day before the effective date, service rendered prior to
| ||||||
24 | such date shall not be considered for the purposes of Section |
| |||||||
| |||||||
1 | 8-138.
| ||||||
2 | For a person employed by an employer for whom this Article | ||||||
3 | was in effect
prior to January 1, 1950, from whose salary | ||||||
4 | deductions are first made under
this Article after December 31, | ||||||
5 | 1949, any period of service rendered prior
to the effective | ||||||
6 | date, unless he was in service on the day before the
effective | ||||||
7 | date, shall not be counted as service.
| ||||||
8 | The time a person was an employee of any territory annexed | ||||||
9 | to the city
prior to the effective date shall be counted as a | ||||||
10 | period of service.
| ||||||
11 | In computing the term of service of any employee subsequent | ||||||
12 | to the day
before the effective date, the following periods | ||||||
13 | shall be counted as
periods of service for age and service, | ||||||
14 | widow's and child's annuity
purposes:
| ||||||
15 | (a) The time during which he performed the duties of | ||||||
16 | his position;
| ||||||
17 | (b) Vacations, leaves of absence with whole or part | ||||||
18 | pay, and leaves of
absence without pay not longer than 90 | ||||||
19 | days;
| ||||||
20 | (c) Leaves of absence without pay that begin before | ||||||
21 | January 5, 2012 ( the effective date of Public Act 97-651) | ||||||
22 | this amendatory Act of the 97th General Assembly and during | ||||||
23 | which a participant is
employed full-time by a local labor | ||||||
24 | organization that represents municipal employees,
provided | ||||||
25 | that (1) the participant continues to make employee | ||||||
26 | contributions
to the Fund as though he were an active |
| |||||||
| |||||||
1 | employee, based on the regular
salary rate received by the | ||||||
2 | participant
for his municipal employment immediately prior | ||||||
3 | to such leave of absence
(and in the case of such | ||||||
4 | employment prior to December 9, 1987, pays
to the Fund an | ||||||
5 | amount equal
to the employee contributions for such | ||||||
6 | employment plus regular interest
thereon as calculated by | ||||||
7 | the board),
and based on his current salary with such labor | ||||||
8 | organization after the
effective date of this amendatory | ||||||
9 | Act of 1991,
(2) after January 1, 1989 the participant, or | ||||||
10 | the labor organization on the
participant's behalf, makes | ||||||
11 | contributions to the Fund as though it were the
employer, | ||||||
12 | in the same amount and same manner as specified under this
| ||||||
13 | Article, based on the regular salary rate received by the | ||||||
14 | participant for
his municipal employment immediately prior | ||||||
15 | to such leave of absence, and
based on his current salary | ||||||
16 | with such labor organization after the effective
date of | ||||||
17 | this amendatory Act of 1991, and (3) the participant does | ||||||
18 | not receive
credit in any pension plan established by the | ||||||
19 | local labor organization based on
his employment by the | ||||||
20 | organization , and (4) the employee and employer | ||||||
21 | contributions for the service are received by the Fund | ||||||
22 | before the effective date of this amendatory Act of the | ||||||
23 | 99th General Assembly ;
| ||||||
24 | (d) Any period of disability for which he received (i) | ||||||
25 | a disability
benefit under this Article, or (ii) a | ||||||
26 | temporary total disability benefit
under the Workers' |
| |||||||
| |||||||
1 | Compensation Act if the disability results from a
condition | ||||||
2 | commonly termed heart attack or stroke or any other | ||||||
3 | condition
falling within the broad field of coronary | ||||||
4 | involvement or heart disease,
or (iii) whole or part pay;
| ||||||
5 | (e) Any period for which contributions and service | ||||||
6 | credit have been
transferred to this Fund under subsection | ||||||
7 | (d) of Section 9-121.1 or
subsection (d) of Section | ||||||
8 | 12-127.1 of this Code.
| ||||||
9 | For a person employed by an employer in which the 1921 Act | ||||||
10 | was in effect
prior to January 1, 1950, from whose salary | ||||||
11 | deductions are first made under
the 1921 Act or this Article | ||||||
12 | after December 31, 1949, any period of service
rendered | ||||||
13 | subsequent to the effective date and prior to the date he | ||||||
14 | became
an employee and contributor, shall not be counted as a | ||||||
15 | period of service
under this Article,
except such period for | ||||||
16 | which he made payment as
provided in Section 8-230 of this | ||||||
17 | Article, in which case such period shall
be counted as a period | ||||||
18 | of service for all annuity purposes hereunder.
| ||||||
19 | In computing the term of service of an employee subsequent | ||||||
20 | to the day
before the effective date for ordinary disability | ||||||
21 | benefit purposes, all
periods described in the preceding | ||||||
22 | paragraph, except any such period for
which he receives | ||||||
23 | ordinary disability benefit, shall be counted as periods
of | ||||||
24 | service; provided, that for any person employed by an employer | ||||||
25 | in which
this Article was in effect prior to January 1, 1950, | ||||||
26 | from whose salary
deductions are first made under this Article |
| |||||||
| |||||||
1 | after December 31, 1949, any
period of service rendered | ||||||
2 | subsequent to the effective date and prior to
the date he | ||||||
3 | became an employee and contributor, shall not be counted as a
| ||||||
4 | period of service for ordinary disability benefit purposes, | ||||||
5 | unless the person
made payment for the period as provided in | ||||||
6 | Section 8-230 of this Article, in
which case the period shall | ||||||
7 | be counted as a period of service for ordinary
disability | ||||||
8 | purposes for periods of disability on or after the effective | ||||||
9 | date of
this amendatory Act of 1997.
| ||||||
10 | Overtime or extra service shall not be included in | ||||||
11 | computing any term of
service. Not more than 1 year of service | ||||||
12 | shall be allowed for service
rendered during any calendar year. | ||||||
13 | For the purposes of this Section, the phrase "any pension | ||||||
14 | plan established by the local labor organization" means any | ||||||
15 | pension plan in which a participant may receive credit as a | ||||||
16 | result of his or her membership in the local labor | ||||||
17 | organization, including, but not limited to, the local labor | ||||||
18 | organization itself and its affiliates at the local, | ||||||
19 | intrastate, State, multi-state, national, or international | ||||||
20 | level. The definition of this phrase is a declaration of | ||||||
21 | existing law and shall not be construed as a new enactment.
| ||||||
22 | (Source: P.A. 97-651, eff. 1-5-12.)
| ||||||
23 | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| ||||||
24 | Sec. 11-215. Computation of service.
| ||||||
25 | (a) In computing the term of service of an employee prior |
| |||||||
| |||||||
1 | to the effective
date, the entire period beginning on the date | ||||||
2 | he was first appointed and ending
on the day before the | ||||||
3 | effective date, except any intervening period during
which he | ||||||
4 | was separated by withdrawal from service, shall be counted for | ||||||
5 | all
purposes of this Article. Only the first year of each | ||||||
6 | period of lay-off or
leave of absence without pay, continuing | ||||||
7 | or extending for a period in excess
of one year, shall be | ||||||
8 | counted as such service.
| ||||||
9 | (b) For a person employed by an employer for whom this | ||||||
10 | Article was in effect
prior to August 1, 1949, from whose | ||||||
11 | salary deductions are first made under
this Article after July | ||||||
12 | 31, 1949, any period of service rendered prior to
the effective | ||||||
13 | date, unless he was in service on the day before the
effective | ||||||
14 | date, shall not be counted as service.
| ||||||
15 | (c) In computing the term of service of an employee | ||||||
16 | subsequent to the day
before the effective date, the following | ||||||
17 | periods of time shall be counted
as periods of service for | ||||||
18 | annuity purposes:
| ||||||
19 | (1) the time during which he performed the duties of | ||||||
20 | his position;
| ||||||
21 | (2) leaves of absence with whole or part pay, and | ||||||
22 | leaves of absence
without pay not longer than 90 days;
| ||||||
23 | (3) leaves of absence without pay that begin before | ||||||
24 | January 5, 2012 ( the effective date of Public Act 97-651) | ||||||
25 | this amendatory Act of the 97th General Assembly and during | ||||||
26 | which a participant is
employed full-time by a local labor |
| |||||||
| |||||||
1 | organization that represents municipal
employees, provided | ||||||
2 | that (A) the participant continues to make employee
| ||||||
3 | contributions to the Fund as though he were an active | ||||||
4 | employee, based
on the regular salary rate received by the
| ||||||
5 | participant for his municipal employment immediately prior | ||||||
6 | to such leave of
absence (and in the case of such | ||||||
7 | employment prior to December 9, 1987,
pays to the Fund an | ||||||
8 | amount equal to the employee contributions for such
| ||||||
9 | employment plus regular interest thereon as calculated by | ||||||
10 | the board), and
based on his current salary with such labor | ||||||
11 | organization after the
effective date of this amendatory | ||||||
12 | Act of 1991, (B) after January 1, 1989
the participant, or | ||||||
13 | the labor organization on the participant's behalf,
makes | ||||||
14 | contributions to the Fund as though it were the employer, | ||||||
15 | in the same
amount and same manner as specified under this | ||||||
16 | Article, based on the
regular salary rate received by the | ||||||
17 | participant for his municipal
employment immediately prior | ||||||
18 | to such leave of absence, and
based on his current salary | ||||||
19 | with such labor organization after the
effective date of | ||||||
20 | this amendatory Act of 1991, and (C)
the participant does
| ||||||
21 | not receive credit in any pension plan established by the | ||||||
22 | local labor
organization based on his employment by the | ||||||
23 | organization , and (D) the employee and employer | ||||||
24 | contributions for the service are received by the Fund | ||||||
25 | before the effective date of this amendatory Act of the | ||||||
26 | 99th General Assembly ;
|
| |||||||
| |||||||
1 | (4) any period of disability for which he received (i) | ||||||
2 | a disability
benefit under this Article, or (ii) a | ||||||
3 | temporary total disability benefit
under the Workers' | ||||||
4 | Compensation Act if the disability results from a
condition | ||||||
5 | commonly termed heart attack or stroke or any other | ||||||
6 | condition
falling within the broad field of coronary | ||||||
7 | involvement or heart disease,
or (iii) whole or part pay.
| ||||||
8 | (d) For a person employed by an employer, or the retirement | ||||||
9 | board, in which
"The 1935 Act" was in effect prior to August 1, | ||||||
10 | 1949, from whose salary
deductions are first made under "The | ||||||
11 | 1935 Act" or this Article after July
31, 1949, any period of | ||||||
12 | service rendered subsequent to the effective date
and prior to | ||||||
13 | August 1, 1949, shall not be counted as a period of service
| ||||||
14 | under this Article, except such period for which he made | ||||||
15 | payment, as
provided in Section 11-221 of this Article, in | ||||||
16 | which case such period
shall be counted as a period of service | ||||||
17 | for all annuity purposes hereunder.
| ||||||
18 | (e) In computing the term of service of an employee | ||||||
19 | subsequent to the day
before the effective date for ordinary | ||||||
20 | disability benefit purposes, the
following periods of time | ||||||
21 | shall be counted as periods of service:
| ||||||
22 | (1) any period during which he performed the duties of | ||||||
23 | his position;
| ||||||
24 | (2) leaves of absence with whole or part pay;
| ||||||
25 | (3) any period of disability for which he received (i)
| ||||||
26 | a duty disability benefit under this Article, or (ii) a |
| |||||||
| |||||||
1 | temporary total
disability benefit under the Workers' | ||||||
2 | Compensation Act if the disability
results from a condition | ||||||
3 | commonly termed heart attack or stroke or any
other | ||||||
4 | condition falling within the broad field of coronary | ||||||
5 | involvement or
heart disease, or (iii) whole or part pay.
| ||||||
6 | However, any period of service rendered by an employee | ||||||
7 | contributor prior to
the date he became a contributor to the | ||||||
8 | fund shall not be counted as a
period of service for ordinary | ||||||
9 | disability purposes, unless the person
made payment for the | ||||||
10 | period as provided in Section 11-221 of this Article, in
which | ||||||
11 | case the period shall be counted as a period of service for | ||||||
12 | ordinary
disability purposes for periods of disability on or | ||||||
13 | after the effective date of
this amendatory Act of 1997.
| ||||||
14 | Overtime or extra service shall not be included in | ||||||
15 | computing any term of
service. Not more than 1 year of service | ||||||
16 | shall be allowed for service
rendered during any calendar year.
| ||||||
17 | For the purposes of this Section, the phrase "any pension | ||||||
18 | plan established by the local labor organization" means any | ||||||
19 | pension plan in which a participant may receive credit as a | ||||||
20 | result of his or her membership in the local labor | ||||||
21 | organization, including, but not limited to, the local labor | ||||||
22 | organization itself and its affiliates at the local, | ||||||
23 | intrastate, State, multi-state, national, or international | ||||||
24 | level. The definition of this phrase is a declaration of | ||||||
25 | existing law and shall not be construed as a new enactment. | ||||||
26 | (Source: P.A. 97-651, eff. 1-5-12.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| ||||||
2 | Sec. 15-107. Employee.
| ||||||
3 | (a) "Employee" means any member of the educational, | ||||||
4 | administrative,
secretarial, clerical, mechanical, labor or | ||||||
5 | other staff of an employer
whose employment is permanent and | ||||||
6 | continuous or who is employed in a
position in which services | ||||||
7 | are expected to be rendered on a continuous
basis for at least | ||||||
8 | 4 months or one academic term, whichever is less, who
(A) | ||||||
9 | receives payment for personal services on a warrant issued | ||||||
10 | pursuant to
a payroll voucher certified by an employer and | ||||||
11 | drawn by the State
Comptroller upon the State Treasurer or by | ||||||
12 | an employer upon trust, federal
or other funds, or (B) is on a | ||||||
13 | leave of absence without pay. Employment
which is irregular, | ||||||
14 | intermittent or temporary shall not be considered
continuous | ||||||
15 | for purposes of this paragraph.
| ||||||
16 | However, a person is not an "employee" if he or she:
| ||||||
17 | (1) is a student enrolled in and regularly attending | ||||||
18 | classes in a
college or university which is an employer, | ||||||
19 | and is employed on a temporary
basis at less than full | ||||||
20 | time;
| ||||||
21 | (2) is currently receiving a retirement annuity or a | ||||||
22 | disability
retirement annuity under Section 15-153.2 from | ||||||
23 | this System;
| ||||||
24 | (3) is on a military leave of absence;
| ||||||
25 | (4) is eligible to participate in the Federal Civil |
| |||||||
| |||||||
1 | Service Retirement
System and is currently making | ||||||
2 | contributions to that system based upon
earnings paid by an | ||||||
3 | employer;
| ||||||
4 | (5) is on leave of absence without pay for more than 60 | ||||||
5 | days
immediately following termination of disability | ||||||
6 | benefits under this
Article;
| ||||||
7 | (6) is hired after June 30, 1979 as a public service | ||||||
8 | employment program
participant under the Federal | ||||||
9 | Comprehensive Employment and Training Act
and receives | ||||||
10 | earnings in whole or in part from funds provided under that
| ||||||
11 | Act; or
| ||||||
12 | (7) is employed on or after July 1, 1991 to perform | ||||||
13 | services that
are excluded by subdivision (a)(7)(f) or | ||||||
14 | (a)(19) of Section 210 of the
federal Social Security Act | ||||||
15 | from the definition of employment given in that
Section (42 | ||||||
16 | U.S.C. 410).
| ||||||
17 | (b) Any employer may, by filing a written notice with the | ||||||
18 | board, exclude
from the definition of "employee" all persons | ||||||
19 | employed pursuant to a federally
funded contract entered into | ||||||
20 | after July 1, 1982 with a federal military
department in a | ||||||
21 | program providing training in military courses to federal
| ||||||
22 | military personnel on a military site owned by the United | ||||||
23 | States Government,
if this exclusion is not prohibited by the | ||||||
24 | federally funded contract or
federal laws or rules governing | ||||||
25 | the administration of the contract.
| ||||||
26 | (c) Any person appointed by the Governor under the Civil |
| |||||||
| |||||||
1 | Administrative
Code of the State is an employee, if he or she | ||||||
2 | is a participant in this
system on the effective date of the | ||||||
3 | appointment.
| ||||||
4 | (d) A participant on lay-off status under civil service | ||||||
5 | rules is
considered an employee for not more than 120 days from | ||||||
6 | the date of the lay-off.
| ||||||
7 | (e) A participant is considered an employee during (1) the | ||||||
8 | first 60 days
of disability leave, (2) the period, not to | ||||||
9 | exceed one year, in which his
or her eligibility for disability | ||||||
10 | benefits is being considered by the board
or reviewed by the | ||||||
11 | courts, and (3) the period he or she receives disability
| ||||||
12 | benefits under the provisions of Section 15-152, workers' | ||||||
13 | compensation or
occupational disease benefits, or disability | ||||||
14 | income under an insurance
contract financed wholly or partially | ||||||
15 | by the employer.
| ||||||
16 | (f) Absences without pay, other than formal leaves of | ||||||
17 | absence, of less
than 30 calendar days, are not considered as | ||||||
18 | an interruption of a person's
status as an employee. If such | ||||||
19 | absences during any period of 12 months
exceed 30 work days, | ||||||
20 | the employee status of the person is considered as
interrupted | ||||||
21 | as of the 31st work day.
| ||||||
22 | (g) A staff member whose employment contract requires | ||||||
23 | services during
an academic term is to be considered an | ||||||
24 | employee during the summer and
other vacation periods, unless | ||||||
25 | he or she declines an employment contract
for the succeeding | ||||||
26 | academic term or his or her employment status is
otherwise |
| |||||||
| |||||||
1 | terminated, and he or she receives no earnings during these | ||||||
2 | periods.
| ||||||
3 | (h) An individual who was a participating employee employed | ||||||
4 | in the fire
department of the University of Illinois's | ||||||
5 | Champaign-Urbana campus immediately
prior to the elimination | ||||||
6 | of that fire department and who immediately after the
| ||||||
7 | elimination of that fire department became employed by the fire | ||||||
8 | department of
the City of Urbana or the City of Champaign shall | ||||||
9 | continue to be considered as
an employee for purposes of this | ||||||
10 | Article for so long as the individual remains
employed as a | ||||||
11 | firefighter by the City of Urbana or the City of Champaign. The
| ||||||
12 | individual shall cease to be considered an employee under this | ||||||
13 | subsection (h)
upon the first termination of the individual's | ||||||
14 | employment as a firefighter by
the City of Urbana or the City | ||||||
15 | of Champaign.
| ||||||
16 | (i) An individual who is employed on a full-time basis as | ||||||
17 | an officer
or employee of a statewide teacher organization that | ||||||
18 | serves System
participants or an officer of a national teacher | ||||||
19 | organization that serves
System participants may participate | ||||||
20 | in the System and shall be deemed an
employee, provided that | ||||||
21 | (1) the individual has previously earned
creditable service | ||||||
22 | under this Article, (2) the individual files with the
System an | ||||||
23 | irrevocable election to become a participant before January 5, | ||||||
24 | 2012 ( the effective date of Public Act 97-651) this amendatory | ||||||
25 | Act of the 97th General Assembly , (3) the
individual does not | ||||||
26 | receive credit for that employment under any other Article
of |
| |||||||
| |||||||
1 | this Code, and (4) the individual first became a full-time | ||||||
2 | employee of the teacher organization and becomes a participant | ||||||
3 | before January 5, 2012 ( the effective date of Public Act | ||||||
4 | 97-651), and (5) the employee and employer contribution for the | ||||||
5 | service are received by the Fund before the effective date of | ||||||
6 | this amendatory Act of the 99th General Assembly this | ||||||
7 | amendatory Act of the 97th General Assembly . An employee under | ||||||
8 | this subsection (i) is responsible for paying
to the System | ||||||
9 | both (A) employee contributions based on the actual | ||||||
10 | compensation
received for service with the teacher | ||||||
11 | organization and (B) employer
contributions equal to the normal | ||||||
12 | costs (as defined in Section 15-155)
resulting from that | ||||||
13 | service; all or any part of these contributions may be
paid on | ||||||
14 | the employee's behalf or picked up for tax purposes (if | ||||||
15 | authorized
under federal law) by the teacher organization.
| ||||||
16 | A person who is an employee as defined in this subsection | ||||||
17 | (i) may establish
service credit for similar employment prior | ||||||
18 | to becoming an employee under this
subsection by paying to the | ||||||
19 | System for that employment the contributions
specified in this | ||||||
20 | subsection, plus interest at the effective rate from the
date | ||||||
21 | of service to the date of payment. However, credit shall not be | ||||||
22 | granted
under this subsection for any such prior employment for | ||||||
23 | which the applicant
received credit under any other provision | ||||||
24 | of this Code, or during which
the applicant was on a leave of | ||||||
25 | absence under Section 15-113.2.
| ||||||
26 | (j) A person employed by the State Board of Higher |
| |||||||
| |||||||
1 | Education in a position with the Illinois Century Network as of | ||||||
2 | June 30, 2004 shall be considered to be an employee for so long | ||||||
3 | as he or she remains continuously employed after that date by | ||||||
4 | the Department of Central Management Services in a position | ||||||
5 | with the Illinois Century Network, the Bureau of Communication | ||||||
6 | and Computer Services, or, if applicable, any successor bureau
| ||||||
7 | and meets the requirements of subsection (a).
| ||||||
8 | (k) In the case of doubt as to whether any person is an | ||||||
9 | employee within the meaning of this Section, the decision of | ||||||
10 | the Board shall be final. | ||||||
11 | (Source: P.A. 97-651, eff. 1-5-12; 98-599, eff. 6-1-14 .)
| ||||||
12 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
13 | Sec. 16-106. Teacher. "Teacher": The following | ||||||
14 | individuals, provided
that, for employment prior to July 1, | ||||||
15 | 1990, they are employed on a
full-time basis, or if not | ||||||
16 | full-time, on a permanent and continuous basis
in a position in | ||||||
17 | which services are expected to be rendered for at least
one | ||||||
18 | school term:
| ||||||
19 | (1) Any educational, administrative, professional or | ||||||
20 | other staff employed
in the public common schools included | ||||||
21 | within this system in a position
requiring certification | ||||||
22 | under the law governing the certification of
teachers;
| ||||||
23 | (2) Any educational, administrative, professional or | ||||||
24 | other staff employed
in any facility of the Department of | ||||||
25 | Children and Family Services or the
Department of Human |
| |||||||
| |||||||
1 | Services, in a position requiring certification under
the | ||||||
2 | law governing the certification of teachers, and any person | ||||||
3 | who (i)
works in such a position for the Department of | ||||||
4 | Corrections, (ii) was a member
of this System on May 31, | ||||||
5 | 1987, and (iii) did not elect to become a member of
the | ||||||
6 | State Employees' Retirement System pursuant to Section | ||||||
7 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
8 | include any person who (A) becomes
a security employee of | ||||||
9 | the Department of Human Services, as defined in
Section | ||||||
10 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
11 | Act
92-14), or (B) becomes a member of the State Employees'
| ||||||
12 | Retirement System pursuant to Section 14-108.2c of this | ||||||
13 | Code;
| ||||||
14 | (3) Any regional superintendent of schools, assistant | ||||||
15 | regional
superintendent of schools, State Superintendent | ||||||
16 | of Education; any person
employed by the State Board of | ||||||
17 | Education as an executive; any executive of
the boards | ||||||
18 | engaged in the service of public common school education in
| ||||||
19 | school districts covered under this system of which the | ||||||
20 | State
Superintendent of Education is an ex-officio member;
| ||||||
21 | (4) Any employee of a school board association | ||||||
22 | operating in compliance
with Article 23 of the School Code | ||||||
23 | who is certificated under the law
governing the | ||||||
24 | certification of teachers, provided that he or she becomes | ||||||
25 | such an employee before the effective date of this | ||||||
26 | amendatory Act of the 98th General Assembly;
|
| |||||||
| |||||||
1 | (5) Any person employed by the retirement system
who:
| ||||||
2 | (i) was an employee of and a participant in the | ||||||
3 | system on August 17,
2001 (the effective date of Public | ||||||
4 | Act 92-416), or
| ||||||
5 | (ii) becomes an employee of the system on or after | ||||||
6 | August 17, 2001;
| ||||||
7 | (6) Any educational, administrative, professional or | ||||||
8 | other staff
employed by and under the supervision and | ||||||
9 | control of a regional
superintendent of schools, provided | ||||||
10 | such employment position requires the
person to be | ||||||
11 | certificated under the law governing the certification of
| ||||||
12 | teachers and is in an educational program serving 2 or more | ||||||
13 | districts in
accordance with a joint agreement authorized | ||||||
14 | by the School Code or by federal
legislation;
| ||||||
15 | (7) Any educational, administrative, professional or | ||||||
16 | other staff employed
in an educational program serving 2 or | ||||||
17 | more school districts in accordance
with a joint agreement | ||||||
18 | authorized by the School Code or by federal
legislation and | ||||||
19 | in a position requiring certification under the laws
| ||||||
20 | governing the certification of teachers;
| ||||||
21 | (8) Any officer or employee of a statewide teacher | ||||||
22 | organization or
officer of a national teacher organization | ||||||
23 | who is certified under the law
governing certification of | ||||||
24 | teachers, provided: (i) the individual had
previously | ||||||
25 | established creditable service under this Article, (ii) | ||||||
26 | the
individual files with the system an irrevocable |
| |||||||
| |||||||
1 | election to become a member before January 5, 2012 ( the | ||||||
2 | effective date of Public Act 97-651) this amendatory Act of | ||||||
3 | the 97th General Assembly ,
(iii) the individual does not | ||||||
4 | receive credit for such service under any
other Article of | ||||||
5 | this Code, and (iv) the individual first became an officer | ||||||
6 | or employee of the teacher organization and becomes a | ||||||
7 | member before January 5, 2012 ( the effective date of Public | ||||||
8 | Act 97-651), and (v) the employee and employer contribution | ||||||
9 | for the service are received by the Fund before the | ||||||
10 | effective date of this amendatory Act of the 99th General | ||||||
11 | Assembly this amendatory Act of the 97th General Assembly ;
| ||||||
12 | (9) Any educational, administrative, professional, or | ||||||
13 | other staff
employed in a charter school operating in | ||||||
14 | compliance with the Charter
Schools Law who is certificated | ||||||
15 | under the law governing the certification
of teachers;
| ||||||
16 | (10) Any person employed, on the effective date of this | ||||||
17 | amendatory Act of the 94th General Assembly, by the | ||||||
18 | Macon-Piatt Regional Office of Education in a | ||||||
19 | birth-through-age-three pilot program receiving funds | ||||||
20 | under Section 2-389 of the School Code who is required by | ||||||
21 | the Macon-Piatt Regional Office of Education to hold a | ||||||
22 | teaching certificate, provided that the Macon-Piatt | ||||||
23 | Regional Office of Education makes an election, within 6 | ||||||
24 | months after the effective date of this amendatory Act of | ||||||
25 | the 94th General Assembly, to have the person participate | ||||||
26 | in the system. Any service established prior to the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 94th General | ||||||
2 | Assembly for service as an employee of the Macon-Piatt | ||||||
3 | Regional Office of Education in a birth-through-age-three | ||||||
4 | pilot program receiving funds under Section 2-389 of the | ||||||
5 | School Code shall be considered service as a teacher if | ||||||
6 | employee and employer contributions have been received by | ||||||
7 | the system and the system has not refunded those | ||||||
8 | contributions.
| ||||||
9 | An annuitant receiving a retirement annuity under this | ||||||
10 | Article or under
Article 17 of this Code who is employed by a | ||||||
11 | board of education
or other employer as permitted under Section | ||||||
12 | 16-118
or 16-150.1 is not a "teacher" for purposes of this | ||||||
13 | Article. A person who
has received a single-sum retirement | ||||||
14 | benefit under Section 16-136.4 of this
Article is not a | ||||||
15 | "teacher" for purposes of this Article.
| ||||||
16 | (Source: P.A. 97-651, eff. 1-5-12; 98-463, eff. 8-16-13; | ||||||
17 | 98-599, eff. 6-1-14 .)
| ||||||
18 | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| ||||||
19 | Sec. 17-134. Contributions for leaves of absence; military | ||||||
20 | service;
computing service. In computing service for pension | ||||||
21 | purposes the following
periods of service shall stand in lieu | ||||||
22 | of a like number of years of teaching
service upon payment | ||||||
23 | therefor in the manner hereinafter provided: (a) time
spent on | ||||||
24 | a leave of absence granted by the
employer;
(b) service with | ||||||
25 | teacher or labor organizations based upon special
leaves of |
| |||||||
| |||||||
1 | absence therefor granted by an Employer; (c) a maximum of 5 | ||||||
2 | years
spent in the military service of the United States, of | ||||||
3 | which up to 2 years
may have been served outside the pension | ||||||
4 | period; (d) unused sick days at
termination of service to a | ||||||
5 | maximum of 244 days; (e) time lost due
to layoff and | ||||||
6 | curtailment of the school term from June 6 through June 21, | ||||||
7 | 1976;
and (f) time spent after June 30, 1982 as a member of the | ||||||
8 | Board of Education,
if required to resign from an | ||||||
9 | administrative or teaching position in order to
qualify as a | ||||||
10 | member of the Board of Education.
| ||||||
11 | (1) For time spent on or after September 6, 1948 on | ||||||
12 | sabbatical
leaves of absence or sick leaves, for which | ||||||
13 | salaries are paid, an Employer
shall make payroll | ||||||
14 | deductions at the applicable rates in effect
during such | ||||||
15 | periods.
| ||||||
16 | (2) For time spent on a leave of absence granted by the | ||||||
17 | employer for which no salaries are paid,
teachers desiring | ||||||
18 | credit therefor shall pay the required contributions at the
| ||||||
19 | rates in effect during such periods as though they were in | ||||||
20 | teaching service.
If an Employer pays salary for vacations | ||||||
21 | which occur during a teacher's sick
leave or maternity or | ||||||
22 | paternity leave without salary, vacation pay for which
the | ||||||
23 | teacher would have qualified while in active service shall | ||||||
24 | be considered
part of the teacher's total salary for | ||||||
25 | pension purposes. No more than 36 months of leave credit | ||||||
26 | may be
allowed any person during the entire term of |
| |||||||
| |||||||
1 | service. Sabbatical leave credit
shall be limited to the | ||||||
2 | time the person on leave without salary under an
Employer's | ||||||
3 | rules is allowed to engage in an activity for which he | ||||||
4 | receives
salary or compensation.
| ||||||
5 | (3) For time spent prior to September 6, 1948, on | ||||||
6 | sabbatical
leaves of absence or sick leaves for which | ||||||
7 | salaries were paid, teachers
desiring service credit | ||||||
8 | therefor shall pay the required contributions at the
| ||||||
9 | maximum applicable rates in effect during such periods.
| ||||||
10 | (4) For service with teacher or labor organizations | ||||||
11 | authorized by special
leaves of absence, for which no | ||||||
12 | payroll deductions are made by an Employer,
teachers | ||||||
13 | desiring service credit therefor shall contribute to the | ||||||
14 | Fund upon
the basis of the actual salary received from such | ||||||
15 | organizations at the
percentage rates in effect during such | ||||||
16 | periods for certified positions with
such Employer. To the | ||||||
17 | extent the actual salary exceeds the regular salary,
which | ||||||
18 | shall be defined as the salary rate, as calculated by the | ||||||
19 | Board, in
effect for the teacher's regular position in | ||||||
20 | teaching service on September 1,
1983 or on the effective | ||||||
21 | date of the leave with the organization, whichever is
| ||||||
22 | later, the organization shall pay to the Fund the | ||||||
23 | employer's normal cost as set
by the Board on the | ||||||
24 | increment. Notwithstanding any other provision of this | ||||||
25 | subdivision (4), teachers are only eligible for credit for | ||||||
26 | service under this subdivision (4) if the special leave of |
| |||||||
| |||||||
1 | absence begins before January 5, 2012 (the effective date | ||||||
2 | of Public Act 97-651) and if the employee and employer | ||||||
3 | contributions for the service are received by the System | ||||||
4 | before the effective date of this amendatory Act of the | ||||||
5 | 99th General Assembly .
| ||||||
6 | (5) For time spent in the military service, teachers | ||||||
7 | entitled to and
desiring credit therefor shall contribute | ||||||
8 | the amount required for each year
of service or fraction | ||||||
9 | thereof at the rates in force (a) at the date of
| ||||||
10 | appointment, or (b) on return to teaching service as a | ||||||
11 | regularly certified
teacher, as the case may be; provided | ||||||
12 | such rates shall not be less than $450
per year of service. | ||||||
13 | These conditions shall apply unless an Employer elects
to | ||||||
14 | and does pay into the Fund the amount which would have been | ||||||
15 | due from such
person had he been employed as a teacher | ||||||
16 | during such time. In the case of
credit for military | ||||||
17 | service not during the pension period, the teacher must
| ||||||
18 | also pay to the Fund an amount determined by the Board to | ||||||
19 | be equal to the
employer's normal cost of the benefits | ||||||
20 | accrued from such service, plus interest
thereon at 5% per | ||||||
21 | year, compounded annually, from the date of appointment to
| ||||||
22 | the date of payment.
| ||||||
23 | The changes to this Section made by Public Act 87-795 | ||||||
24 | shall apply
not only to persons who on or after its | ||||||
25 | effective
date are in service under the Fund, but also to | ||||||
26 | persons whose status as a
teacher terminated prior to that |
| |||||||
| |||||||
1 | date, whether or not the person is an
annuitant on that | ||||||
2 | date. In the case of an annuitant who applies for credit
| ||||||
3 | allowable under this Section for a period of military | ||||||
4 | service that did not
immediately follow employment, and who | ||||||
5 | has made the required contributions for
such credit, the | ||||||
6 | annuity shall be recalculated to include the additional
| ||||||
7 | service credit, with the increase taking effect on the date | ||||||
8 | the Fund received
written notification of the annuitant's | ||||||
9 | intent to purchase the credit, if
payment of all the | ||||||
10 | required contributions is made within 60 days of such
| ||||||
11 | notice, or else on the first annuity payment date following | ||||||
12 | the date of
payment of the required contributions. In | ||||||
13 | calculating the automatic annual
increase for an annuity | ||||||
14 | that has been recalculated under this Section, the
increase | ||||||
15 | attributable to the additional service allowable under | ||||||
16 | this
amendatory Act of 1991 shall be included in the | ||||||
17 | calculation of automatic
annual increases accruing after | ||||||
18 | the effective date of the recalculation.
| ||||||
19 | The total credit for military service shall not exceed | ||||||
20 | 5 years, except
that any teacher who on July 1, 1963, had | ||||||
21 | validated credit for more than 5
years of military service | ||||||
22 | shall be entitled to the total amount of such credit.
| ||||||
23 | (6) For persons who first become teachers before the
| ||||||
24 | effective date of this amendatory Act of the 98th General
| ||||||
25 | Assembly, a maximum of 244 unused sick days credited to his | ||||||
26 | account
by an Employer on the date of termination of |
| |||||||
| |||||||
1 | employment. Members, upon
verification of unused sick | ||||||
2 | days, may add this service time to total creditable
| ||||||
3 | service.
| ||||||
4 | (7) In all cases where time spent on leave is | ||||||
5 | creditable and
no payroll deductions therefor are made by | ||||||
6 | an Employer, persons
desiring service credit shall make the | ||||||
7 | required contributions directly to
the Fund.
| ||||||
8 | (8) For time lost without pay due to layoff and | ||||||
9 | curtailment of
the school term from June 6 through June 21, | ||||||
10 | 1976, as provided in item (e) of
the first paragraph of | ||||||
11 | this Section, persons who were contributors on
the days | ||||||
12 | immediately preceding such layoff shall receive credit | ||||||
13 | upon
paying to the Fund a contribution based on the rates | ||||||
14 | of compensation and
employee contributions in effect at the | ||||||
15 | time of such layoff, together
with an additional amount | ||||||
16 | equal to 12.2% of the compensation computed
for such period | ||||||
17 | of layoff, plus interest on the entire amount at 5% per
| ||||||
18 | annum from January 1, 1978 to the date of payment. If such | ||||||
19 | contribution
is paid, salary for pension purposes for any | ||||||
20 | year in which such a layoff
occurred shall include the | ||||||
21 | compensation recognized for purposes of
computing that | ||||||
22 | contribution.
| ||||||
23 | (9) For time spent after June 30, 1982, as a | ||||||
24 | nonsalaried member
of the Board of Education, if required | ||||||
25 | to resign from an administrative or
teaching position in | ||||||
26 | order to qualify as a member of the Board of
Education, an |
| |||||||
| |||||||
1 | administrator or teacher desiring credit therefor shall | ||||||
2 | pay
the required contributions at the rates and salaries in | ||||||
3 | effect during such
periods as though the member were in | ||||||
4 | service.
| ||||||
5 | Effective September 1, 1974, the interest charged for | ||||||
6 | validation of
service described in paragraphs (2) through (5) | ||||||
7 | of this Section shall be
compounded annually at a rate of 5% | ||||||
8 | commencing one
year after the termination of the leave or | ||||||
9 | return to service.
| ||||||
10 | (Source: P.A. 97-651, eff. 1-5-12; 98-599, eff. 6-1-14 .)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|