Bill Text: IL HB3334 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Removes a provision requiring an application for leave-of-absence credit to be filed within 2 years after termination of the leave. Specifies 2 additional criteria that must be met for a person to be eligible for either temporary disability benefits or total and permanent disability benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0415 [HB3334 Detail]

Download: Illinois-2011-HB3334-Engrossed.html

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AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 7-139, 7-146, and 7-150 as follows:
(40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
Sec. 7-139. Credits and creditable service to employees.
(a) Each participating employee shall be granted credits
and creditable service, for purposes of determining the amount
of any annuity or benefit to which he or a beneficiary is
entitled, as follows:
1. For prior service: Each participating employee who
is an employee of a participating municipality or
participating instrumentality on the effective date shall
be granted creditable service, but no credits under
paragraph 2 of this subsection (a), for periods of prior
service for which credit has not been received under any
other pension fund or retirement system established under
this Code, as follows:
If the effective date of participation for the
participating municipality or participating
instrumentality is on or before January 1, 1998, creditable
service shall be granted for the entire period of prior

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service with that employer without any employee
contribution.
If the effective date of participation for the
participating municipality or participating
instrumentality is after January 1, 1998, creditable
service shall be granted for the last 20% of the period of
prior service with that employer, but no more than 5 years,
without any employee contribution. A participating
employee may establish creditable service for the
remainder of the period of prior service with that employer
by making an application in writing, accompanied by payment
of an employee contribution in an amount determined by the
Fund, based on the employee contribution rates in effect at
the time of application for the creditable service and the
employee's salary rate on the effective date of
participation for that employer, plus interest at the
effective rate from the date of the prior service to the
date of payment. Application for this creditable service
may be made at any time while the employee is still in
service.
A municipality that (i) has at least 35 employees; (ii)
is located in a county with at least 2,000,000 inhabitants;
and (iii) maintains an independent defined benefit pension
plan for the benefit of its eligible employees may restrict
creditable service in whole or in part for periods of prior
service with the employer if the governing body of the

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municipality adopts an irrevocable resolution to restrict
that creditable service and files the resolution with the
board before the municipality's effective date of
participation.
Any person who has withdrawn from the service of a
participating municipality or participating
instrumentality prior to the effective date, who reenters
the service of the same municipality or participating
instrumentality after the effective date and becomes a
participating employee is entitled to creditable service
for prior service as otherwise provided in this subdivision
(a)(1) only if he or she renders 2 years of service as a
participating employee after the effective date.
Application for such service must be made while in a
participating status. The salary rate to be used in the
calculation of the required employee contribution, if any,
shall be the employee's salary rate at the time of first
reentering service with the employer after the employer's
effective date of participation.
2. For current service, each participating employee
shall be credited with:
a. Additional credits of amounts equal to each
payment of additional contributions received from him
under Section 7-173, as of the date the corresponding
payment of earnings is payable to him.
b. Normal credits of amounts equal to each payment

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of normal contributions received from him, as of the
date the corresponding payment of earnings is payable
to him, and normal contributions made for the purpose
of establishing out-of-state service credits as
permitted under the conditions set forth in paragraph 6
of this subsection (a).
c. Municipality credits in an amount equal to 1.4
times the normal credits, except those established by
out-of-state service credits, as of the date of
computation of any benefit if these credits would
increase the benefit.
d. Survivor credits equal to each payment of
survivor contributions received from the participating
employee as of the date the corresponding payment of
earnings is payable, and survivor contributions made
for the purpose of establishing out-of-state service
credits.
3. For periods of temporary and total and permanent
disability benefits, each employee receiving disability
benefits shall be granted creditable service for the period
during which disability benefits are payable. Normal and
survivor credits, based upon the rate of earnings applied
for disability benefits, shall also be granted if such
credits would result in a higher benefit to any such
employee or his beneficiary.
4. For authorized leave of absence without pay: A

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participating employee shall be granted credits and
creditable service for periods of authorized leave of
absence without pay under the following conditions:
a. An application for credits and creditable
service is submitted to the board while the employee is
in a status of active employment, and within 2 years
after termination of the leave of absence period for
which credits and creditable service are sought.
b. Not more than 12 complete months of creditable
service for authorized leave of absence without pay
shall be counted for purposes of determining any
benefits payable under this Article.
c. Credits and creditable service shall be granted
for leave of absence only if such leave is approved by
the governing body of the municipality, including
approval of the estimated cost thereof to the
municipality as determined by the fund, and employee
contributions, plus interest at the effective rate
applicable for each year from the end of the period of
leave to date of payment, have been paid to the fund in
accordance with Section 7-173. The contributions shall
be computed upon the assumption earnings continued
during the period of leave at the rate in effect when
the leave began.
d. Benefits under the provisions of Sections
7-141, 7-146, 7-150 and 7-163 shall become payable to

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employees on authorized leave of absence, or their
designated beneficiary, only if such leave of absence
is creditable hereunder, and if the employee has at
least one year of creditable service other than the
service granted for leave of absence. Any employee
contributions due may be deducted from any benefits
payable.
e. No credits or creditable service shall be
allowed for leave of absence without pay during any
period of prior service.
5. For military service: The governing body of a
municipality or participating instrumentality may elect to
allow creditable service to participating employees who
leave their employment to serve in the armed forces of the
United States for all periods of such service, provided
that the person returns to active employment within 90 days
after completion of full time active duty, but no
creditable service shall be allowed such person for any
period that can be used in the computation of a pension or
any other pay or benefit, other than pay for active duty,
for service in any branch of the armed forces of the United
States. If necessary to the computation of any benefit, the
board shall establish municipality credits for
participating employees under this paragraph on the
assumption that the employee received earnings at the rate
received at the time he left the employment to enter the

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armed forces. A participating employee in the armed forces
shall not be considered an employee during such period of
service and no additional death and no disability benefits
are payable for death or disability during such period.
Any participating employee who left his employment
with a municipality or participating instrumentality to
serve in the armed forces of the United States and who
again became a participating employee within 90 days after
completion of full time active duty by entering the service
of a different municipality or participating
instrumentality, which has elected to allow creditable
service for periods of military service under the preceding
paragraph, shall also be allowed creditable service for his
period of military service on the same terms that would
apply if he had been employed, before entering military
service, by the municipality or instrumentality which
employed him after he left the military service and the
employer costs arising in relation to such grant of
creditable service shall be charged to and paid by that
municipality or instrumentality.
Notwithstanding the foregoing, any participating
employee shall be entitled to creditable service as
required by any federal law relating to re-employment
rights of persons who served in the United States Armed
Services. Such creditable service shall be granted upon
payment by the member of an amount equal to the employee

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contributions which would have been required had the
employee continued in service at the same rate of earnings
during the military leave period, plus interest at the
effective rate.
5.1. In addition to any creditable service established
under paragraph 5 of this subsection (a), creditable
service may be granted for up to 48 months of service in
the armed forces of the United States.
In order to receive creditable service for military
service under this paragraph 5.1, a participating employee
must (1) apply to the Fund in writing and provide evidence
of the military service that is satisfactory to the Board;
(2) obtain the written approval of the current employer;
and (3) make contributions to the Fund equal to (i) the
employee contributions that would have been required had
the service been rendered as a member, plus (ii) an amount
determined by the board to be equal to the employer's
normal cost of the benefits accrued for that military
service, plus (iii) interest on items (i) and (ii) from the
date of first membership in the Fund to the date of
payment. The required interest shall be calculated at the
regular interest rate.
The changes made to this paragraph 5.1 by Public Acts
95-483 and 95-486 apply only to participating employees in
service on or after August 28, 2007 (the effective date of
those Public Acts).

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6. For out-of-state service: Creditable service shall
be granted for service rendered to an out-of-state local
governmental body under the following conditions: The
employee had participated and has irrevocably forfeited
all rights to benefits in the out-of-state public employees
pension system; the governing body of his participating
municipality or instrumentality authorizes the employee to
establish such service; the employee has 2 years current
service with this municipality or participating
instrumentality; the employee makes a payment of
contributions, which shall be computed at 8% (normal) plus
2% (survivor) times length of service purchased times the
average rate of earnings for the first 2 years of service
with the municipality or participating instrumentality
whose governing body authorizes the service established
plus interest at the effective rate on the date such
credits are established, payable from the date the employee
completes the required 2 years of current service to date
of payment. In no case shall more than 120 months of
creditable service be granted under this provision.
7. For retroactive service: Any employee who could have
but did not elect to become a participating employee, or
who should have been a participant in the Municipal Public
Utilities Annuity and Benefit Fund before that fund was
superseded, may receive creditable service for the period
of service not to exceed 50 months; however, a current or

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former elected or appointed official of a participating
municipality may establish credit under this paragraph 7
for more than 50 months of service as an official of that
municipality, if the excess over 50 months is approved by
resolution of the governing body of the affected
municipality filed with the Fund before January 1, 2002.
Any employee who is a participating employee on or
after September 24, 1981 and who was excluded from
participation by the age restrictions removed by Public Act
82-596 may receive creditable service for the period, on or
after January 1, 1979, excluded by the age restriction and,
in addition, if the governing body of the participating
municipality or participating instrumentality elects to
allow creditable service for all employees excluded by the
age restriction prior to January 1, 1979, for service
during the period prior to that date excluded by the age
restriction. Any employee who was excluded from
participation by the age restriction removed by Public Act
82-596 and who is not a participating employee on or after
September 24, 1981 may receive creditable service for
service after January 1, 1979. Creditable service under
this paragraph shall be granted upon payment of the
employee contributions which would have been required had
he participated, with interest at the effective rate for
each year from the end of the period of service established
to date of payment.

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8. For accumulated unused sick leave: A participating
employee who is applying for a retirement annuity shall be
entitled to creditable service for that portion of the
employee's accumulated unused sick leave for which payment
is not received, as follows:
a. Sick leave days shall be limited to those
accumulated under a sick leave plan established by a
participating municipality or participating
instrumentality which is available to all employees or
a class of employees.
b. Except as provided in item b-1, only sick leave
days accumulated with a participating municipality or
participating instrumentality with which the employee
was in service within 60 days of the effective date of
his retirement annuity shall be credited; If the
employee was in service with more than one employer
during this period only the sick leave days with the
employer with which the employee has the greatest
number of unpaid sick leave days shall be considered.
b-1. If the employee was in the service of more
than one employer as defined in item (2) of paragraph
(a) of subsection (A) of Section 7-132, then the sick
leave days from all such employers shall be credited,
as long as the creditable service attributed to those
sick leave days does not exceed the limitation in item
f of this paragraph 8. In calculating the creditable

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service under this item b-1, the sick leave days from
the last employer shall be considered first, then the
remaining sick leave days shall be considered until
there are no more days or the maximum creditable sick
leave threshold under item f of this paragraph 8 has
been reached.
c. The creditable service granted shall be
considered solely for the purpose of computing the
amount of the retirement annuity and shall not be used
to establish any minimum service period required by any
provision of the Illinois Pension Code, the effective
date of the retirement annuity, or the final rate of
earnings.
d. The creditable service shall be at the rate of
1/20 of a month for each full sick day, provided that
no more than 12 months may be credited under this
subdivision 8.
e. Employee contributions shall not be required
for creditable service under this subdivision 8.
f. Each participating municipality and
participating instrumentality with which an employee
has service within 60 days of the effective date of his
retirement annuity shall certify to the board the
number of accumulated unpaid sick leave days credited
to the employee at the time of termination of service.
9. For service transferred from another system:

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Credits and creditable service shall be granted for service
under Article 3, 4, 5, 8, 14, or 16 of this Act, to any
active member of this Fund, and to any inactive member who
has been a county sheriff, upon transfer of such credits
pursuant to Section 3-110.3, 4-108.3, 5-235, 8-226.7,
14-105.6, or 16-131.4, and payment by the member of the
amount by which (1) the employer and employee contributions
that would have been required if he had participated in
this Fund as a sheriff's law enforcement employee during
the period for which credit is being transferred, plus
interest thereon at the effective rate for each year,
compounded annually, from the date of termination of the
service for which credit is being transferred to the date
of payment, exceeds (2) the amount actually transferred to
the Fund. Such transferred service shall be deemed to be
service as a sheriff's law enforcement employee for the
purposes of Section 7-142.1.
10. For service transferred from an Article 3 system
under Section 3-110.8: Credits and creditable service
shall be granted for service under Article 3 of this Act as
provided in Section 3-110.8, to any active member of this
Fund upon transfer of such credits pursuant to Section
3-110.8. If the amount by which (1) the employer and
employee contributions that would have been required if he
had participated in this Fund during the period for which
credit is being transferred, plus interest thereon at the

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effective rate for each year, compounded annually, from the
date of termination of the service for which credit is
being transferred to the date of payment, exceeds (2) the
amount actually transferred to the Fund, then the amount of
creditable service established under this paragraph 10
shall be reduced by a corresponding amount in accordance
with the rules and procedures established under this
paragraph 10.
The board shall establish by rule the manner of making
the calculation required under this paragraph 10, taking
into account the appropriate actuarial assumptions; the
member's service, age, and salary history; the level of
funding of the employer; and any other factors that the
board determines to be relevant.
Until January 1, 2010, members who transferred service
from an Article 3 system under the provisions of Public Act
94-356 may establish additional credit in this Fund, but
only up to the amount of the service credit reduction in
that transfer, as calculated under the actuarial
assumptions. This credit may be established upon payment by
the member of an amount to be determined by the board,
equal to (1) the amount that would have been contributed as
employee and employer contributions had all the service
been as an employee under this Article, plus interest
thereon compounded annually from the date of service to the
date of transfer, less (2) the total amount transferred

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from the Article 3 system, plus (3) interest on the
difference at the effective rate for each year, compounded
annually, from the date of the transfer to the date of
payment. The additional service credit is allowed under
this amendatory Act of the 95th General Assembly
notwithstanding the provisions of Article 3 terminating
all transferred credits on the date of transfer.
(b) Creditable service - amount:
1. One month of creditable service shall be allowed for
each month for which a participating employee made
contributions as required under Section 7-173, or for which
creditable service is otherwise granted hereunder. Not
more than 1 month of service shall be credited and counted
for 1 calendar month, and not more than 1 year of service
shall be credited and counted for any calendar year. A
calendar month means a nominal month beginning on the first
day thereof, and a calendar year means a year beginning
January 1 and ending December 31.
2. A seasonal employee shall be given 12 months of
creditable service if he renders the number of months of
service normally required by the position in a 12-month
period and he remains in service for the entire 12-month
period. Otherwise a fractional year of service in the
number of months of service rendered shall be credited.
3. An intermittent employee shall be given creditable
service for only those months in which a contribution is

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made under Section 7-173.
(c) No application for correction of credits or creditable
service shall be considered unless the board receives an
application for correction while (1) the applicant is a
participating employee and in active employment with a
participating municipality or instrumentality, or (2) while
the applicant is actively participating in a pension fund or
retirement system which is a participating system under the
Retirement Systems Reciprocal Act. A participating employee or
other applicant shall not be entitled to credits or creditable
service unless the required employee contributions are made in
a lump sum or in installments made in accordance with board
rule.
(d) Upon the granting of a retirement, surviving spouse or
child annuity, a death benefit or a separation benefit, on
account of any employee, all individual accumulated credits
shall thereupon terminate. Upon the withdrawal of additional
contributions, the credits applicable thereto shall thereupon
terminate. Terminated credits shall not be applied to increase
the benefits any remaining employee would otherwise receive
under this Article.
(Source: P.A. 95-483, eff. 8-28-07; 95-486, eff. 8-28-07;
95-504, eff. 8-28-07; 95-812, eff. 8-13-08; 95-876, eff.
8-21-08; 96-299, eff. 8-11-09.)
(40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)

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Sec. 7-146. Temporary disability benefits - Eligibility.
Temporary disability benefits shall be payable to
participating employees as hereinafter provided.
(a) The participating employee shall be considered
temporarily disabled if:
1. He is unable to perform the duties of any position
which might reasonably be assigned to him by his employing
municipality or instrumentality thereof or participating
instrumentality due to mental or physical disability
caused by bodily injury or disease, other than as a result
of self-inflicted injury or addiction to narcotic drugs;
2. The Board has received written certifications from
at least one licensed and practicing physician and the
governing body of the employing municipality or
instrumentality thereof or participating instrumentality
stating that the employee meets the conditions set forth in
subparagraph 1 of this paragraph (a).
(b) A temporary disability benefit shall be payable to a
temporarily disabled employee provided:
1. He:
(i) has at least one year of service immediately
preceding at the date the temporary disability was
incurred and has made contributions to the fund for at
least the number of months of service normally required
in his position during a 12-month period, or has at
least 5 years of service credit, the last year of which

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immediately precedes such date; or
(ii) had qualified under clause (i) above, but had
an interruption in service with the same participating
municipality or participating instrumentality of not
more than 3 months in the 12 months preceding the date
the temporary disability was incurred and was not paid
a separation benefit; or
(iii) had qualified under clause (i) above, but had
an interruption after 20 or more years of creditable
service, was not paid a separation benefit, and
returned to service prior to the date the disability
was incurred.
Item (iii) of this subdivision shall apply to all
employees whose disabilities were incurred on or after July
1, 1985, and any such employee who becomes eligible for a
disability benefit under item (iii) shall be entitled to
receive a lump sum payment of any accumulated disability
benefits which may accrue from the date the disability was
incurred until the effective date of this amendatory Act of
1987.
Periods of qualified leave granted in compliance with
the federal Family and Medical Leave Act shall be ignored
for purposes of determining the number of consecutive
months of employment under this subdivision (b)1.
2. He has been temporarily disabled for at least 30
days, except where a former temporary or permanent and

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total disability has reoccurred within 6 months after the
employee has returned to service.
3. He is receiving no earnings from a participating
municipality or instrumentality thereof or participating
instrumentality, except as allowed under subsection (f) of
Section 7-152.
4. He has not refused to submit to a reasonable
physical examination by a physician appointed by the Board.
5. His disability is not the result of a mental or
physical condition which existed on the earliest date of
service from which he has uninterrupted service, including
prior service, at the date of his disability, provided that
this limitation is not applicable if the date of disability
is after December 31, 2001, nor is it applicable to a
participating employee who: (i) on the date of disability
has 5 years of creditable service, exclusive of creditable
service for periods of disability; or (ii) received no
medical treatment for the condition for the 3 years
immediately prior to such earliest date of service.
6. He is not separated from the service of the
participating municipality or instrumentality thereof or
participating instrumentality which employed him on the
date his temporary disability was incurred; for the
purposes of payment of temporary disability benefits, a
participating employee, whose employment relationship is
terminated by his employing municipality, shall be deemed

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not to be separated from the service of his employing
municipality or participating instrumentality if he
continues disabled by the same condition and so long as he
is otherwise entitled to such disability benefit.
7. He has not failed or refused to consent to and sign
an authorization allowing the Board to receive copies of or
to examine his medical and hospital records.
8. He has not failed or refused to provide complete
information regarding any other employment for
compensation he has received since becoming disabled.
(Source: P.A. 92-424, eff. 8-17-01.)
(40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
Sec. 7-150. Total and permanent disability benefits -
Eligibility. Total and permanent disability benefits shall be
payable to participating employees as hereinafter provided,
including those employees receiving disability benefit on July
1, 1962.
(a) A participating employee shall be considered totally
and permanently disabled if:
1. He is unable to engage in any gainful activity
because of any medically determinable physical or mental
impairment which can be expected to result in death or be
of a long continued and indefinite duration, other than as
a result of self-inflicted injury or addiction to narcotic
drugs;

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2. The Board has received a written certification by at
least 1 licensed and practicing physician stating that the
employee meets the qualifications of subparagraph 1 of this
paragraph (a).
(b) A totally and permanently disabled employee is entitled
to a permanent disability benefit provided:
1. He has exhausted his temporary disability benefits.
2. He:
(i) has at least one year of service immediately
preceding the date the disability was incurred and has
made contributions to the fund for at least the number
of months of service normally required in his position
during a 12 month period, or has at least 5 years of
service credit, the last year of which immediately
preceded the date the disability was incurred; or
(ii) had qualified under clause (i) above, but had
an interruption in service with the same participating
municipality or participating instrumentality of not
more than 3 months in the 12 months preceding the date
the temporary disability was incurred and was not paid
a separation benefit; or
(iii) had qualified under clause (i) above, but had
an interruption after 20 or more years of creditable
service, was not paid a separation benefit, and
returned to service prior to the date the disability
was incurred.

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Item (iii) of this subdivision shall apply to all
employees whose disabilities were incurred on or after July
1, 1985, and any such employee who becomes eligible for a
disability benefit under item (iii) shall be entitled to
receive a lump sum payment of any accumulated disability
benefits which may accrue from the date the disability was
incurred until the effective date of this amendatory Act of
1987.
Periods of qualified leave granted in compliance with
the federal Family and Medical Leave Act shall be ignored
for purposes of determining the number of consecutive
months of employment under this subdivision (b)2.
3. He is receiving no earnings from a participating
municipality or instrumentality thereof or participating
instrumentality, except as allowed under subsection (f) of
Section 7-152.
4. He has not refused to submit to a reasonable
physical examination by a physician appointed by the Board.
5. His disability is not the result of a mental or
physical condition which existed on the earliest date of
service from which he has uninterrupted service, including
prior service, at the date of his disability, provided that
this limitation shall not be applicable to a participating
employee who, without receiving a disability benefit,
receives 5 years of creditable service.
6. He is not separated from the service of his

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employing participating municipality or instrumentality
thereof or participating instrumentality on the date his
temporary disability was incurred; for the purposes of
payment of total and permanent disability benefits, a
participating employee, whose employment relationship is
terminated by his employing municipality, shall be deemed
not to be separated from the service of his employing
municipality or participating instrumentality if he
continues disabled by the same condition and so long as he
is otherwise entitled to such disability benefit.
7. He has not refused to apply for a disability benefit
under the Federal Social Security Act at the request of the
Board.
8. He has not failed or refused to consent to and sign
an authorization allowing the Board to receive copies of or
to examine his medical and hospital records.
9. He has not failed or refused to provide complete
information regarding any other employment for
compensation he has received since becoming disabled.
(c) A participating employee shall remain eligible and may
make application for a total and permanent disability benefit
within 90 days after the termination of his temporary
disability benefits or within such longer period terminating at
the end of the period during which his employing municipality
is prevented from employing him by reason of any statutory
prohibition.

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(Source: P.A. 90-766, eff. 8-14-98.)
Section 90. The State Mandates Act is amended by adding
Section 8.35 as follows:
(30 ILCS 805/8.35 new)
Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 97th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.