Bill Text: IL HB4644 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the State Employee Article of the Illinois Pension Code. Allows a member to establish service credit for up to 12 days of voluntary or involuntary furlough used to address a State fiscal emergency. Requires employee contributions, plus an amount determined by the Board to be equal to the employer's normal cost of the benefit, plus interest at the actuarially assumed rate. Effective immediately.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2010-07-02 - Public Act . . . . . . . . . 96-0961 [HB4644 Detail]
Download: Illinois-2009-HB4644-Enrolled.html
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| 1 | AN ACT concerning public employee benefits.
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| 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 7-142, 7-142.1, 7-145.1, 9-121.6, 14-104, and by | ||||||
| 6 | adding Sections 9-128.2 and 15-113.11 as follows:
| ||||||
| 7 | (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) | ||||||
| 8 | Sec. 7-142. Retirement annuities - Amount. | ||||||
| 9 | (a) The amount of a retirement annuity shall be the sum of | ||||||
| 10 | the
following, determined in accordance with the actuarial | ||||||
| 11 | tables in effect at
the time of the grant of the annuity: | ||||||
| 12 | 1. For employees with 8 or more years of service, an | ||||||
| 13 | annuity
computed pursuant to subparagraphs a or b of this | ||||||
| 14 | subparagraph 1,
whichever is the higher, and for employees | ||||||
| 15 | with less than 8 years of
service the annuity computed | ||||||
| 16 | pursuant to subparagraph a: | ||||||
| 17 | a. The monthly annuity which can be provided from | ||||||
| 18 | the total
accumulated normal, municipality and prior | ||||||
| 19 | service credits, as of the
attained age of the employee | ||||||
| 20 | on the date the annuity begins provided
that such | ||||||
| 21 | annuity shall not exceed 75% of the final rate of | ||||||
| 22 | earnings of
the employee. | ||||||
| 23 | b. (i) The monthly annuity amount determined as | ||||||
| |||||||
| |||||||
| 1 | follows by
multiplying (a) 1 2/3% for annuitants with | ||||||
| 2 | not more than 15 years or (b)
1 2/3% for the first 15 | ||||||
| 3 | years and 2% for each year in excess of 15 years
for | ||||||
| 4 | annuitants with more than 15 years by the number of | ||||||
| 5 | years plus
fractional years, prorated on a basis of | ||||||
| 6 | months, of creditable service
and multiply the product | ||||||
| 7 | thereof by the employee's final rate of earnings. | ||||||
| 8 | (ii) For the sole purpose of computing the formula | ||||||
| 9 | (and not for the
purposes of the limitations | ||||||
| 10 | hereinafter stated) $125 shall be considered
the final | ||||||
| 11 | rate of earnings in all cases where the final rate of | ||||||
| 12 | earnings
is less than such amount. | ||||||
| 13 | (iii) The monthly annuity computed in accordance | ||||||
| 14 | with this
subparagraph b, shall not exceed an amount | ||||||
| 15 | equal to 75% of the final
rate of earnings. | ||||||
| 16 | (iv) For employees who have less than 35 years of | ||||||
| 17 | service, the
annuity computed in accordance with this | ||||||
| 18 | subparagraph b (as reduced by
application of | ||||||
| 19 | subparagraph (iii)
above) shall be reduced by 0.25% | ||||||
| 20 | thereof (0.5% if service was terminated
before January | ||||||
| 21 | 1, 1988) for each month or fraction thereof (1) that | ||||||
| 22 | the
employee's age is less than 60 years, or (2) if the | ||||||
| 23 | employee has at least
30 years of service credit, that | ||||||
| 24 | the employee's service credit is less than
35 years, | ||||||
| 25 | whichever is less, on the date the annuity begins. | ||||||
| 26 | 2. The annuity which can be provided from the total | ||||||
| |||||||
| |||||||
| 1 | accumulated
additional credits as of the attained age of | ||||||
| 2 | the employee on the date
the annuity begins. | ||||||
| 3 | (b) If payment of an annuity begins prior to the earliest | ||||||
| 4 | age at
which the employee will become eligible for an old age | ||||||
| 5 | insurance benefit
under the Federal Social Security Act, he may | ||||||
| 6 | elect that the annuity
payments from this fund shall exceed | ||||||
| 7 | those payable after his attaining
such age by an amount, | ||||||
| 8 | computed as determined by rules of the Board, but
not in excess | ||||||
| 9 | of his estimated Social Security Benefit, determined as
of the | ||||||
| 10 | effective date of the annuity, provided that in no case shall | ||||||
| 11 | the
total annuity payments made by this fund exceed in | ||||||
| 12 | actuarial value the
annuity which would have been payable had | ||||||
| 13 | no such election been made. | ||||||
| 14 | (c) The retirement annuity shall be increased each year by | ||||||
| 15 | 2%, not
compounded, of the monthly amount of annuity, taking | ||||||
| 16 | into consideration
any adjustment under paragraph (b) of this | ||||||
| 17 | Section. This increase shall
be effective each January 1 and | ||||||
| 18 | computed from the effective date of the
retirement annuity, the | ||||||
| 19 | first increase being .167% of the monthly amount
times the | ||||||
| 20 | number of months from the effective date to January 1. | ||||||
| 21 | Beginning
January 1, 1984 and thereafter, the retirement | ||||||
| 22 | annuity shall be increased
by 3% each year, not compounded. | ||||||
| 23 | This increase shall not be applicable to
annuitants who are not | ||||||
| 24 | in service on or after September 8, 1971. | ||||||
| 25 | (d) Any elected county officer who was entitled to receive | ||||||
| 26 | a stipend from the State on or after July 1, 2009 and on or | ||||||
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| |||||||
| 1 | before June 30, 2010 may establish earnings credit for the | ||||||
| 2 | amount of stipend not received, if the elected county official | ||||||
| 3 | applies in writing to the fund within 6 months after the | ||||||
| 4 | effective date of this amendatory Act of the 96th General | ||||||
| 5 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
| 6 | contributions on the amount of stipend not received, (ii) | ||||||
| 7 | employer contributions determined by the Board equal to the | ||||||
| 8 | employer's normal cost of the benefit on the amount of stipend | ||||||
| 9 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
| 10 | actuarially assumed rate. | ||||||
| 11 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 12 | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | ||||||
| 13 | Sec. 7-142.1. Sheriff's law enforcement employees.
| ||||||
| 14 | (a) In lieu of the retirement annuity provided by | ||||||
| 15 | subparagraph 1 of
paragraph (a) of Section 7-142:
| ||||||
| 16 | Any sheriff's law enforcement employee who
has 20 or more | ||||||
| 17 | years of service in that capacity and who terminates
service | ||||||
| 18 | prior to January 1, 1988 shall be entitled at his
option to | ||||||
| 19 | receive a monthly retirement annuity for his service as a
| ||||||
| 20 | sheriff's law enforcement employee computed by multiplying 2% | ||||||
| 21 | for each year
of such service up to 10 years, 2 1/4% for each | ||||||
| 22 | year
of such service above 10 years and up to 20 years, and
2 | ||||||
| 23 | 1/2% for each year of such service above
20 years, by his | ||||||
| 24 | annual final rate of earnings and dividing by 12.
| ||||||
| 25 | Any sheriff's law enforcement employee who has 20 or more | ||||||
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| 1 | years of
service in that capacity and who terminates service on | ||||||
| 2 | or after January 1,
1988 and before July 1, 2004 shall be | ||||||
| 3 | entitled at his option to receive
a monthly retirement
annuity | ||||||
| 4 | for his service as a sheriff's law enforcement employee | ||||||
| 5 | computed by
multiplying 2.5% for each year of such service up | ||||||
| 6 | to 20 years, 2% for each
year of such service above 20 years | ||||||
| 7 | and up to 30 years, and 1% for each
year of such service above | ||||||
| 8 | 30 years, by his annual final rate of earnings
and dividing by | ||||||
| 9 | 12.
| ||||||
| 10 | Any sheriff's law enforcement employee who has 20 or more | ||||||
| 11 | years of
service in that capacity and who terminates service on | ||||||
| 12 | or after July 1,
2004 shall be entitled at his or her option to | ||||||
| 13 | receive a monthly retirement
annuity for service as a sheriff's | ||||||
| 14 | law enforcement employee computed by
multiplying 2.5% for each | ||||||
| 15 | year of such service by his annual final rate of
earnings and | ||||||
| 16 | dividing by 12.
| ||||||
| 17 | If a sheriff's law enforcement employee has service in any | ||||||
| 18 | other
capacity, his retirement annuity for service as a | ||||||
| 19 | sheriff's law enforcement
employee may be computed under this | ||||||
| 20 | Section and the retirement annuity for
his other service under | ||||||
| 21 | Section 7-142.
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| 22 | In no case shall the total monthly retirement annuity for | ||||||
| 23 | persons who retire before July 1, 2004 exceed 75% of the
| ||||||
| 24 | monthly final rate of earnings. In no case shall the total | ||||||
| 25 | monthly retirement annuity for persons who retire on or after | ||||||
| 26 | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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| 1 | (b) Whenever continued group insurance coverage is elected | ||||||
| 2 | in accordance
with the provisions of Section 367h of the | ||||||
| 3 | Illinois Insurance Code, as now
or hereafter amended, the total | ||||||
| 4 | monthly premium for such continued group
insurance coverage or | ||||||
| 5 | such portion thereof as is not paid
by the municipality shall, | ||||||
| 6 | upon request of the person electing such
continued group | ||||||
| 7 | insurance coverage, be deducted from any monthly pension
| ||||||
| 8 | benefit otherwise payable to such person pursuant to this | ||||||
| 9 | Section, to be
remitted by the Fund to the insurance company
or | ||||||
| 10 | other entity providing the group insurance coverage.
| ||||||
| 11 | (c) A sheriff's law enforcement employee who has service in | ||||||
| 12 | any other
capacity may convert up to 10 years of that service | ||||||
| 13 | into service as a sheriff's
law enforcement employee by paying | ||||||
| 14 | to the Fund an amount equal to (1) the
additional employee | ||||||
| 15 | contribution required under Section 7-173.1, plus (2) the | ||||||
| 16 | additional employer contribution required under Section 7-172, | ||||||
| 17 | plus (3) interest on items (1) and (2) at the
prescribed rate | ||||||
| 18 | from the date of the service to the date of payment.
| ||||||
| 19 | (d) The changes to subsections (a) and (b) of this Section | ||||||
| 20 | made by this amendatory Act of the 94th General Assembly apply | ||||||
| 21 | only to persons in service on or after July 1, 2004. In the | ||||||
| 22 | case of such a person who begins to receive a retirement | ||||||
| 23 | annuity before the effective date of this amendatory Act of the | ||||||
| 24 | 94th General Assembly, the annuity shall be recalculated | ||||||
| 25 | prospectively to reflect those changes, with the resulting | ||||||
| 26 | increase beginning to accrue on the first annuity payment date | ||||||
| |||||||
| |||||||
| 1 | following the effective date of this amendatory Act.
| ||||||
| 2 | (e) Any elected county officer who was entitled to receive | ||||||
| 3 | a stipend from the State on or after July 1, 2009 and on or | ||||||
| 4 | before June 30, 2010 may establish earnings credit for the | ||||||
| 5 | amount of stipend not received, if the elected county official | ||||||
| 6 | applies in writing to the fund within 6 months after the | ||||||
| 7 | effective date of this amendatory Act of the 96th General | ||||||
| 8 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
| 9 | contributions on the amount of stipend not received, (ii) | ||||||
| 10 | employer contributions determined by the Board equal to the | ||||||
| 11 | employer's normal cost of the benefit on the amount of stipend | ||||||
| 12 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
| 13 | actuarially assumed rate. | ||||||
| 14 | (Source: P.A. 94-712, eff. 6-1-06.)
| ||||||
| 15 | (40 ILCS 5/7-145.1) | ||||||
| 16 | Sec. 7-145.1. Alternative annuity for county officers. | ||||||
| 17 | (a) The benefits provided in this Section and Section | ||||||
| 18 | 7-145.2 are available
only if the county board has filed with | ||||||
| 19 | the Board of the Fund a resolution or
ordinance expressly | ||||||
| 20 | consenting to the availability of these benefits for its
| ||||||
| 21 | elected county officers. The county board's consent is | ||||||
| 22 | irrevocable with
respect to persons participating in the | ||||||
| 23 | program, but may be revoked at any time
with respect to persons | ||||||
| 24 | who have not paid an additional optional contribution
under | ||||||
| 25 | this Section before the date of revocation. | ||||||
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| |||||||
| 1 | An elected county officer may elect to establish | ||||||
| 2 | alternative credits for
an alternative annuity by electing in | ||||||
| 3 | writing to make additional optional
contributions in | ||||||
| 4 | accordance with this Section and procedures established
by the | ||||||
| 5 | board. These alternative credits are available only for periods | ||||||
| 6 | of
service as an elected county officer. The elected county | ||||||
| 7 | officer may
discontinue making the additional optional | ||||||
| 8 | contributions by notifying the
Fund in writing in accordance | ||||||
| 9 | with this Section and procedures established
by the board. | ||||||
| 10 | Additional optional contributions for the alternative | ||||||
| 11 | annuity shall
be as follows: | ||||||
| 12 | (1) For service as an elected county officer after the | ||||||
| 13 | option is
elected, an additional contribution of 3% of | ||||||
| 14 | salary shall be contributed
to the Fund on the same basis | ||||||
| 15 | and under the same conditions as contributions
required | ||||||
| 16 | under Section 7-173. | ||||||
| 17 | (2) For service as an elected county officer before the | ||||||
| 18 | option is
elected, an additional contribution of 3% of the | ||||||
| 19 | salary for the applicable
period of service, plus interest | ||||||
| 20 | at the effective rate from the date of
service to the date | ||||||
| 21 | of payment, plus any additional amount required by
the | ||||||
| 22 | county board under paragraph (3). All payments for past | ||||||
| 23 | service must
be paid in full before credit is given. | ||||||
| 24 | (3) With respect to service as an elected county | ||||||
| 25 | officer before the
option is elected, if payment is made | ||||||
| 26 | after the county board has filed with
the Board of the Fund | ||||||
| |||||||
| |||||||
| 1 | a resolution or ordinance requiring an additional
| ||||||
| 2 | contribution under this paragraph, then the contribution | ||||||
| 3 | required under
paragraph (2) shall include an amount to be | ||||||
| 4 | determined by the Fund, equal
to the actuarial present | ||||||
| 5 | value of the additional employer cost that would
otherwise | ||||||
| 6 | result from the alternative credits being established for | ||||||
| 7 | that
service. A county board's resolution or ordinance | ||||||
| 8 | requiring additional
contributions under this paragraph | ||||||
| 9 | (3) is irrevocable. | ||||||
| 10 | No additional optional contributions may be made for any | ||||||
| 11 | period of service
for which credit has been previously | ||||||
| 12 | forfeited by acceptance of a refund,
unless the refund is | ||||||
| 13 | repaid in full with interest at the effective rate from
the | ||||||
| 14 | date of refund to the date of repayment. | ||||||
| 15 | (b) In lieu of the retirement annuity otherwise payable | ||||||
| 16 | under this Article,
an elected county officer who (1) has | ||||||
| 17 | elected to participate in the Fund and
make additional optional | ||||||
| 18 | contributions in accordance with this Section, (2)
has held and | ||||||
| 19 | made additional optional contributions with respect to the same
| ||||||
| 20 | elected county office for at least 8 years, and (3) has | ||||||
| 21 | attained
age 55 with at least 8 years of service credit (or has | ||||||
| 22 | attained age 50 with at
least 20 years of service as a | ||||||
| 23 | sheriff's law enforcement employee) may elect
to have his | ||||||
| 24 | retirement annuity computed as follows: 3% of the participant's
| ||||||
| 25 | salary for each of the first 8 years
of service credit, plus 4% | ||||||
| 26 | of that salary for each of the next 4 years of
service credit, | ||||||
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| 1 | plus 5% of that salary for each year of service credit in
| ||||||
| 2 | excess of 12 years, subject to a maximum of 80% of that salary. | ||||||
| 3 | This formula applies only to service in an elected county | ||||||
| 4 | office that the
officer held for at least 8 years, and only to | ||||||
| 5 | service for which additional
optional contributions have been | ||||||
| 6 | paid under this Section. If an elected county
officer qualifies | ||||||
| 7 | to have this formula applied to service in more than one
| ||||||
| 8 | elected county office, the qualifying service shall be | ||||||
| 9 | accumulated for purposes
of determining the applicable accrual | ||||||
| 10 | percentages, but the salary used for each
office shall be the | ||||||
| 11 | separate salary calculated for that office, as defined in
| ||||||
| 12 | subsection (g). | ||||||
| 13 | To the extent that the elected county officer has service | ||||||
| 14 | credit that does
not qualify for this formula, his retirement | ||||||
| 15 | annuity will first be determined
in accordance with this | ||||||
| 16 | formula with respect to the service to which this
formula | ||||||
| 17 | applies, and then in accordance with the remaining Sections of | ||||||
| 18 | this
Article with respect to the service to which this formula | ||||||
| 19 | does not apply. | ||||||
| 20 | (c) In lieu of the disability benefits otherwise payable | ||||||
| 21 | under this
Article, an elected county officer who (1) has
| ||||||
| 22 | elected to participate in the Fund, and (2) has become
| ||||||
| 23 | permanently disabled and as a consequence is unable to perform | ||||||
| 24 | the duties
of his office, and (3) was making optional | ||||||
| 25 | contributions in accordance with
this Section at the time the | ||||||
| 26 | disability was incurred, may elect to receive
a disability | ||||||
| |||||||
| |||||||
| 1 | annuity calculated in accordance with the formula in subsection
| ||||||
| 2 | (b). For the purposes of this subsection, an elected county | ||||||
| 3 | officer shall be
considered permanently disabled only if: (i) | ||||||
| 4 | disability occurs while in
service as an elected county officer | ||||||
| 5 | and is of such a nature as to prevent him
from reasonably | ||||||
| 6 | performing the duties of his office at the time; and (ii) the
| ||||||
| 7 | board has received a written certification by at least 2 | ||||||
| 8 | licensed physicians
appointed by it stating that the officer is | ||||||
| 9 | disabled and that the disability
is likely to be permanent. | ||||||
| 10 | (d) Refunds of additional optional contributions shall be | ||||||
| 11 | made on the
same basis and under the same conditions as | ||||||
| 12 | provided under Section 7-166,
7-167 and 7-168. Interest shall | ||||||
| 13 | be credited at the effective rate on the
same basis and under | ||||||
| 14 | the same conditions as for other contributions. | ||||||
| 15 | If an elected county officer fails to hold that same | ||||||
| 16 | elected county
office for at least 8 years, he or she shall be | ||||||
| 17 | entitled after leaving office
to receive a refund of the | ||||||
| 18 | additional optional contributions made with respect
to that | ||||||
| 19 | office, plus interest at the effective rate. | ||||||
| 20 | (e) The plan of optional alternative benefits and | ||||||
| 21 | contributions shall be
available to persons who are elected | ||||||
| 22 | county officers and active contributors
to the Fund on or after | ||||||
| 23 | November 15, 1994. A person who was an elected county
officer | ||||||
| 24 | and an active contributor to the Fund on November 15, 1994 but | ||||||
| 25 | is
no longer an active contributor may apply to make additional | ||||||
| 26 | optional
contributions under this Section at any time within 90 | ||||||
| |||||||
| |||||||
| 1 | days after the
effective date of this amendatory Act of 1997; | ||||||
| 2 | if the person is an annuitant,
the resulting increase in | ||||||
| 3 | annuity shall begin to accrue on the first day of
the month | ||||||
| 4 | following the month in which the required payment is received | ||||||
| 5 | by the
Fund. | ||||||
| 6 | (f) For the purposes of this Section and Section 7-145.2, | ||||||
| 7 | the terms "elected
county officer" and "elected county office" | ||||||
| 8 | include, but are not limited to:
(1) the county clerk, | ||||||
| 9 | recorder, treasurer, coroner, assessor (if elected),
auditor, | ||||||
| 10 | sheriff, and
State's Attorney; members of the county board; and | ||||||
| 11 | the clerk of the circuit
court; and (2) a person who has been | ||||||
| 12 | appointed to fill a vacancy in an
office that is normally | ||||||
| 13 | filled by election on a countywide basis, for the
duration of | ||||||
| 14 | his or her service in that office. The terms "elected county
| ||||||
| 15 | officer" and "elected county office" do not include any officer | ||||||
| 16 | or office of
a county that has not consented to the | ||||||
| 17 | availability of benefits under this
Section and Section | ||||||
| 18 | 7-145.2. | ||||||
| 19 | (g) For the purposes of this Section and Section 7-145.2, | ||||||
| 20 | the term
"salary" means the final rate of earnings for the | ||||||
| 21 | elected county office held,
calculated in a manner consistent | ||||||
| 22 | with Section 7-116, but for that office
only. If an elected | ||||||
| 23 | county officer qualifies to have the formula in subsection
(b) | ||||||
| 24 | applied to service in more than one elected county office, a | ||||||
| 25 | separate
salary shall be calculated and applied with respect to | ||||||
| 26 | each such office. | ||||||
| |||||||
| |||||||
| 1 | (h) The changes to this Section made by this amendatory Act | ||||||
| 2 | of the 91st
General Assembly apply to persons who first make an | ||||||
| 3 | additional optional
contribution under this Section on or after | ||||||
| 4 | the effective date of this
amendatory Act. | ||||||
| 5 | (i) Any elected county officer who was entitled to receive | ||||||
| 6 | a stipend from the State on or after July 1, 2009 and on or | ||||||
| 7 | before June 30, 2010 may establish earnings credit for the | ||||||
| 8 | amount of stipend not received, if the elected county official | ||||||
| 9 | applies in writing to the fund within 6 months after the | ||||||
| 10 | effective date of this amendatory Act of the 96th General | ||||||
| 11 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
| 12 | contributions on the amount of stipend not received, (ii) | ||||||
| 13 | employer contributions determined by the Board equal to the | ||||||
| 14 | employer's normal cost of the benefit on the amount of stipend | ||||||
| 15 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
| 16 | actuarially assumed rate. | ||||||
| 17 | (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00; | ||||||
| 18 | 91-887, eff. 7-6-00.)
| ||||||
| 19 | (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
| ||||||
| 20 | Sec. 9-121.6. Alternative annuity for county officers. | ||||||
| 21 | (a) Any
county officer elected by vote of the people may | ||||||
| 22 | elect to establish
alternative credits for an alternative | ||||||
| 23 | annuity by electing in writing to
make additional optional | ||||||
| 24 | contributions in accordance with this Section and
procedures | ||||||
| 25 | established by the board. Such elected county officer
may | ||||||
| |||||||
| |||||||
| 1 | discontinue making the additional optional contributions by | ||||||
| 2 | notifying
the Fund in writing in accordance with this Section | ||||||
| 3 | and procedures
established by the board.
| ||||||
| 4 | Additional optional contributions for the alternative | ||||||
| 5 | annuity shall
be as follows:
| ||||||
| 6 | (1) For service after the option is elected, an | ||||||
| 7 | additional contribution
of 3% of salary shall be | ||||||
| 8 | contributed to the Fund on the same basis and
under the | ||||||
| 9 | same conditions as contributions required under Sections | ||||||
| 10 | 9-170
and 9-176.
| ||||||
| 11 | (2) For service before the option is elected, an | ||||||
| 12 | additional
contribution of 3% of the salary for the | ||||||
| 13 | applicable period of service, plus
interest at the | ||||||
| 14 | effective rate from the date of service to the date of
| ||||||
| 15 | payment. All payments for past service must be paid in full | ||||||
| 16 | before credit
is given. No additional optional | ||||||
| 17 | contributions may be made for any period
of service for | ||||||
| 18 | which credit has been previously forfeited by acceptance of
| ||||||
| 19 | a refund, unless the refund is repaid in full with interest | ||||||
| 20 | at the
effective rate from the date of refund to the date | ||||||
| 21 | of repayment.
| ||||||
| 22 | (b) In lieu of the retirement annuity otherwise payable | ||||||
| 23 | under this
Article, any county officer elected by vote of the | ||||||
| 24 | people who (1) has
elected to participate in the Fund and make | ||||||
| 25 | additional optional
contributions in accordance with this | ||||||
| 26 | Section, and (2)
has attained age 60 with at least 10 years of | ||||||
| |||||||
| |||||||
| 1 | service credit,
or has attained age 65 with at least 8 years of | ||||||
| 2 | service credit, may elect
to have his retirement annuity | ||||||
| 3 | computed as follows: 3% of the
participant's salary at the time | ||||||
| 4 | of termination of service for each of the
first 8 years of | ||||||
| 5 | service credit, plus 4% of such salary for each of the
next 4 | ||||||
| 6 | years of service credit, plus
5% of such salary for each year | ||||||
| 7 | of service credit in excess of 12 years,
subject to a maximum | ||||||
| 8 | of 80% of such salary. To the extent such elected
county | ||||||
| 9 | officer has made additional optional contributions with | ||||||
| 10 | respect to
only a portion of his years of service credit, his | ||||||
| 11 | retirement annuity will
first be determined in accordance with | ||||||
| 12 | this Section to the extent such
additional optional | ||||||
| 13 | contributions were made, and then in accordance with
the | ||||||
| 14 | remaining Sections of this Article to the extent of years of | ||||||
| 15 | service
credit with respect to which additional optional | ||||||
| 16 | contributions were not made.
| ||||||
| 17 | (c) In lieu of the disability benefits otherwise payable | ||||||
| 18 | under this
Article, any county officer elected by vote of the | ||||||
| 19 | people who (1) has
elected to participate in the Fund, and (2) | ||||||
| 20 | has become
permanently disabled and as a consequence is unable | ||||||
| 21 | to perform the duties
of his office, and (3) was making | ||||||
| 22 | optional contributions in accordance with
this Section at the | ||||||
| 23 | time the disability was incurred, may elect to receive
a | ||||||
| 24 | disability annuity calculated in
accordance with the formula in | ||||||
| 25 | subsection (b). For the purposes of this
subsection, such | ||||||
| 26 | elected county officer shall be considered permanently
| ||||||
| |||||||
| |||||||
| 1 | disabled only if: (i) disability occurs while in service as an | ||||||
| 2 | elected
county officer and is of such a nature as to prevent | ||||||
| 3 | him from reasonably
performing the duties of his office at the | ||||||
| 4 | time; and (ii) the board has
received a written certification | ||||||
| 5 | by at least 2 licensed physicians
appointed by it stating that | ||||||
| 6 | such officer is disabled and that the
disability is likely to | ||||||
| 7 | be permanent.
| ||||||
| 8 | (d) Refunds of additional optional contributions shall be | ||||||
| 9 | made on the
same basis and under the same conditions as | ||||||
| 10 | provided under Section 9-164,
9-166 and 9-167. Interest shall | ||||||
| 11 | be credited at the effective rate on the
same basis and under | ||||||
| 12 | the same conditions as for other contributions.
Optional | ||||||
| 13 | contributions under this
Section shall be included in the | ||||||
| 14 | amount of employee contributions used to
compute the tax levy | ||||||
| 15 | under Section 9-169.
| ||||||
| 16 | (e) The effective date of this plan of optional alternative | ||||||
| 17 | benefits
and contributions shall be January 1, 1988, or the | ||||||
| 18 | date upon which
approval is received from the U.S. Internal | ||||||
| 19 | Revenue Service, whichever is
later. The plan of optional | ||||||
| 20 | alternative benefits and contributions shall
not be available | ||||||
| 21 | to any former county officer or employee receiving an
annuity | ||||||
| 22 | from the Fund on the effective date of the plan, unless he
| ||||||
| 23 | re-enters service as an elected county officer and renders at | ||||||
| 24 | least 3 years
of additional service after the date of re-entry.
| ||||||
| 25 | (f) Any elected county officer who was entitled to receive | ||||||
| 26 | a stipend from the State on or after July 1, 2009 and on or | ||||||
| |||||||
| |||||||
| 1 | before June 30, 2010 may establish earnings credit for the | ||||||
| 2 | amount of stipend not received, if the elected county official | ||||||
| 3 | applies in writing to the fund within 6 months after the | ||||||
| 4 | effective date of this amendatory Act of the 96th General | ||||||
| 5 | Assembly and pays to the fund an amount equal to (i) employee | ||||||
| 6 | contributions on the amount of stipend not received, (ii) | ||||||
| 7 | employer contributions determined by the Board equal to the | ||||||
| 8 | employer's normal cost of the benefit on the amount of stipend | ||||||
| 9 | not received, plus (iii) interest on items (i) and (ii) at the | ||||||
| 10 | actuarially assumed rate. | ||||||
| 11 | (g) (f) The plan of optional alternative benefits and | ||||||
| 12 | contributions authorized under this Section applies only to | ||||||
| 13 | county officers elected by vote of the people on or before | ||||||
| 14 | January 1, 2008 (the effective date of Public Act 95-654).
| ||||||
| 15 | (Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08; | ||||||
| 16 | 95-876, eff. 8-21-08.)
| ||||||
| 17 | (40 ILCS 5/9-128.2 new) | ||||||
| 18 | Sec. 9-128.2. Stipends. Any elected county officer who was | ||||||
| 19 | entitled to receive a stipend from the State on or after July | ||||||
| 20 | 1, 2009 and on or before June 30, 2010 may establish earnings | ||||||
| 21 | credit for the amount of stipend not received, if the elected | ||||||
| 22 | county official applies in writing to the fund within 6 months | ||||||
| 23 | after the effective date of this amendatory Act of the 96th | ||||||
| 24 | General Assembly and pays to the fund an amount equal to (i) | ||||||
| 25 | employee contributions on the amount of stipend not received, | ||||||
| |||||||
| |||||||
| 1 | (ii) employer contributions determined by the Board equal to | ||||||
| 2 | the employer's normal cost of the benefit on the amount of | ||||||
| 3 | stipend not received, plus (iii) interest on items (i) and (ii) | ||||||
| 4 | at the actuarially assumed rate.
| ||||||
| 5 | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | ||||||
| 6 | Sec. 14-104. Service for which contributions permitted.
| ||||||
| 7 | Contributions provided for in this Section shall cover the | ||||||
| 8 | period of
service granted. Except as otherwise provided in this | ||||||
| 9 | Section, the
contributions shall be based upon the employee's | ||||||
| 10 | compensation and
contribution rate in effect on the date he | ||||||
| 11 | last became a member of the
System; provided that for all | ||||||
| 12 | employment prior to January 1, 1969 the
contribution rate shall | ||||||
| 13 | be that in effect for a noncovered employee on
the date he last | ||||||
| 14 | became a member of the System. Except as otherwise provided
in | ||||||
| 15 | this Section, contributions permitted under this Section shall | ||||||
| 16 | include
regular interest from the date an employee last became | ||||||
| 17 | a member of the System
to the date of payment.
| ||||||
| 18 | These contributions must be paid in full before retirement | ||||||
| 19 | either in
a lump sum or in installment payments in accordance | ||||||
| 20 | with such rules as
may be adopted by the board.
| ||||||
| 21 | (a) Any member may make contributions as required in this | ||||||
| 22 | Section
for any period of service, subsequent to the date of | ||||||
| 23 | establishment, but
prior to the date of membership.
| ||||||
| 24 | (b) Any employee who had been previously excluded from | ||||||
| 25 | membership
because of age at entry and subsequently became | ||||||
| |||||||
| |||||||
| 1 | eligible may elect to
make contributions as required in this | ||||||
| 2 | Section for the period of service
during which he was | ||||||
| 3 | ineligible.
| ||||||
| 4 | (c) An employee of the Department of Insurance who, after | ||||||
| 5 | January 1,
1944 but prior to becoming eligible for membership, | ||||||
| 6 | received salary from
funds of insurance companies in the | ||||||
| 7 | process of rehabilitation,
liquidation, conservation or | ||||||
| 8 | dissolution, may elect to make
contributions as required in | ||||||
| 9 | this Section for such service.
| ||||||
| 10 | (d) Any employee who rendered service in a State office to | ||||||
| 11 | which he
was elected, or rendered service in the elective | ||||||
| 12 | office of Clerk of the
Appellate Court prior to the date he | ||||||
| 13 | became a member, may make
contributions for such service as | ||||||
| 14 | required in this Section. Any member
who served by appointment | ||||||
| 15 | of the Governor under the Civil Administrative
Code of Illinois | ||||||
| 16 | and did not participate in this System may make
contributions | ||||||
| 17 | as required in this Section for such service.
| ||||||
| 18 | (e) Any person employed by the United States government or | ||||||
| 19 | any
instrumentality or agency thereof from January 1, 1942 | ||||||
| 20 | through November
15, 1946 as the result of a transfer from | ||||||
| 21 | State service by executive
order of the President of the United | ||||||
| 22 | States shall be entitled to prior
service credit covering the | ||||||
| 23 | period from January 1, 1942 through December
31, 1943 as | ||||||
| 24 | provided for in this Article and to membership service
credit | ||||||
| 25 | for the period from January 1, 1944 through November 15, 1946 | ||||||
| 26 | by
making the contributions required in this Section. A person | ||||||
| |||||||
| |||||||
| 1 | so employed
on January 1, 1944 but whose employment began after | ||||||
| 2 | January 1, 1942 may
qualify for prior service and membership | ||||||
| 3 | service credit under the same
conditions.
| ||||||
| 4 | (f) An employee of the Department of Labor of the State of | ||||||
| 5 | Illinois who
performed services for and under the supervision | ||||||
| 6 | of that Department
prior to January 1, 1944 but who was | ||||||
| 7 | compensated for those services
directly by federal funds and | ||||||
| 8 | not by a warrant of the Auditor of Public
Accounts paid by the | ||||||
| 9 | State Treasurer may establish credit for such
employment by | ||||||
| 10 | making the contributions required in this Section. An
employee | ||||||
| 11 | of the Department of Agriculture of the State of Illinois, who
| ||||||
| 12 | performed services for and under the supervision of that | ||||||
| 13 | Department
prior to June 1, 1963, but was compensated for those | ||||||
| 14 | services directly
by federal funds and not paid by a warrant of | ||||||
| 15 | the Auditor of Public
Accounts paid by the State Treasurer, and | ||||||
| 16 | who did not contribute to any
other public employee retirement | ||||||
| 17 | system for such service, may establish
credit for such | ||||||
| 18 | employment by making the contributions required in this
| ||||||
| 19 | Section.
| ||||||
| 20 | (g) Any employee who executed a waiver of membership within
| ||||||
| 21 | 60 days prior to January 1, 1944 may, at any time while in the | ||||||
| 22 | service of a
department, file with the board a rescission of | ||||||
| 23 | such waiver. Upon
making the contributions required by this | ||||||
| 24 | Section, the member shall be
granted the creditable service | ||||||
| 25 | that would have been received if the
waiver had not been | ||||||
| 26 | executed.
| ||||||
| |||||||
| |||||||
| 1 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
| 2 | full-time
basis by a regional planning commission for at least | ||||||
| 3 | 5 continuous years may
establish creditable service for such | ||||||
| 4 | employment by making the
contributions required under this | ||||||
| 5 | Section, provided that any credits earned
by the employee in | ||||||
| 6 | the commission's retirement plan have been terminated.
| ||||||
| 7 | (i) Any person who rendered full time contractual services | ||||||
| 8 | to the General
Assembly as a member of a legislative staff may | ||||||
| 9 | establish service credit for up
to 8 years of such services by | ||||||
| 10 | making the contributions required under this
Section, provided | ||||||
| 11 | that application therefor is made not later than July 1,
1991.
| ||||||
| 12 | (j) By paying the contributions otherwise required under | ||||||
| 13 | this Section,
plus an amount determined by the Board to be | ||||||
| 14 | equal to the employer's normal
cost of the benefit plus | ||||||
| 15 | interest, but with all of the interest calculated
from the date | ||||||
| 16 | the employee last became a member of the System or November 19,
| ||||||
| 17 | 1991, whichever is later, to the date of payment, an employee | ||||||
| 18 | may establish
service credit
for a period of up to 4 years | ||||||
| 19 | spent in active military service for which he
does not qualify | ||||||
| 20 | for credit under Section 14-105, provided that (1) he was
not | ||||||
| 21 | dishonorably discharged from such military service, and (2) the | ||||||
| 22 | amount
of service credit established by a member under this | ||||||
| 23 | subsection (j), when
added to the amount of military service | ||||||
| 24 | credit granted to the member under
subsection (b) of Section | ||||||
| 25 | 14-105, shall not exceed 5 years. The change
in the manner of | ||||||
| 26 | calculating interest under this subsection (j) made by this
| ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 92nd General Assembly applies to credit | ||||||
| 2 | purchased by an
employee on or after its effective date and | ||||||
| 3 | does not entitle any person to a
refund of contributions or | ||||||
| 4 | interest already paid.
In compliance with Section 14-152.1 of | ||||||
| 5 | this Act concerning new benefit increases, any new benefit | ||||||
| 6 | increase as a result of the changes to this subsection (j) made | ||||||
| 7 | by Public Act 95-483
is funded through the employee | ||||||
| 8 | contributions provided for in this subsection (j). Any new | ||||||
| 9 | benefit increase as a result of the changes made to this | ||||||
| 10 | subsection (j) by Public Act 95-483
is exempt from the | ||||||
| 11 | provisions of subsection (d) of Section 14-152.1.
| ||||||
| 12 | (k) An employee who was employed on a full-time basis by | ||||||
| 13 | the Illinois
State's Attorneys Association Statewide Appellate | ||||||
| 14 | Assistance Service
LEAA-ILEC grant project prior to the time | ||||||
| 15 | that project became the State's
Attorneys Appellate Service | ||||||
| 16 | Commission, now the Office of the State's
Attorneys Appellate | ||||||
| 17 | Prosecutor, an agency of State government, may
establish | ||||||
| 18 | creditable service for not more than 60 months service for
such | ||||||
| 19 | employment by making contributions required under this | ||||||
| 20 | Section.
| ||||||
| 21 | (l) By paying the contributions otherwise required under | ||||||
| 22 | this Section,
plus an amount determined by the Board to be | ||||||
| 23 | equal to the employer's normal
cost of the benefit plus | ||||||
| 24 | interest, a member may establish service credit
for periods of | ||||||
| 25 | less than one year spent on authorized leave of absence from
| ||||||
| 26 | service, provided that (1) the period of leave began on or | ||||||
| |||||||
| |||||||
| 1 | after January 1,
1982 and (2) any credit established by the | ||||||
| 2 | member for the period of leave in
any other public employee | ||||||
| 3 | retirement system has been terminated. A member
may establish | ||||||
| 4 | service credit under this subsection for more than one period
| ||||||
| 5 | of authorized leave, and in that case the total period of | ||||||
| 6 | service credit
established by the member under this subsection | ||||||
| 7 | may exceed one year. In
determining the contributions required | ||||||
| 8 | for establishing service credit under
this subsection, the | ||||||
| 9 | interest shall be calculated from the beginning of the
leave of | ||||||
| 10 | absence to the date of payment.
| ||||||
| 11 | (l-5) By paying the contributions otherwise required under | ||||||
| 12 | this Section,
plus an amount determined by the Board to be | ||||||
| 13 | equal to the employer's normal
cost of the benefit plus | ||||||
| 14 | interest, a member may establish service credit
for periods of | ||||||
| 15 | up to 2 years spent on authorized leave of absence from
| ||||||
| 16 | service, provided that during that leave the member represented | ||||||
| 17 | or was employed as an officer or employee of a statewide labor | ||||||
| 18 | organization that represents members of this System. In
| ||||||
| 19 | determining the contributions required for establishing | ||||||
| 20 | service credit under
this subsection, the interest shall be | ||||||
| 21 | calculated from the beginning of the
leave of absence to the | ||||||
| 22 | date of payment.
| ||||||
| 23 | (m) Any person who rendered contractual services to a | ||||||
| 24 | member of
the General Assembly as a worker in the member's | ||||||
| 25 | district office may establish
creditable service for up to 3 | ||||||
| 26 | years of those contractual services by making
the contributions | ||||||
| |||||||
| |||||||
| 1 | required under this Section. The System shall determine a
| ||||||
| 2 | full-time salary equivalent for the purpose of calculating the | ||||||
| 3 | required
contribution. To establish credit under this | ||||||
| 4 | subsection, the applicant must
apply to the System by March 1, | ||||||
| 5 | 1998.
| ||||||
| 6 | (n) Any person who rendered contractual services to a | ||||||
| 7 | member of
the General Assembly as a worker providing | ||||||
| 8 | constituent services to persons in
the member's district may | ||||||
| 9 | establish
creditable service for up to 8 years of those | ||||||
| 10 | contractual services by making
the contributions required | ||||||
| 11 | under this Section. The System shall determine a
full-time | ||||||
| 12 | salary equivalent for the purpose of calculating the required
| ||||||
| 13 | contribution. To establish credit under this subsection, the | ||||||
| 14 | applicant must
apply to the System by March 1, 1998.
| ||||||
| 15 | (o) A member who participated in the Illinois Legislative | ||||||
| 16 | Staff
Internship Program may establish creditable service for | ||||||
| 17 | up to one year
of that participation by making the contribution | ||||||
| 18 | required under this Section.
The System shall determine a | ||||||
| 19 | full-time salary equivalent for the purpose of
calculating the | ||||||
| 20 | required contribution. Credit may not be established under
this | ||||||
| 21 | subsection for any period for which service credit is | ||||||
| 22 | established under
any other provision of this Code.
| ||||||
| 23 | (p) By paying the contributions otherwise required under | ||||||
| 24 | this Section,
plus an amount determined by the Board to be | ||||||
| 25 | equal to the employer's normal
cost of the benefit plus | ||||||
| 26 | interest, a member may establish service credit
for a period of | ||||||
| |||||||
| |||||||
| 1 | up to 8 years during which he or she was employed by the
| ||||||
| 2 | Visually Handicapped Managers of Illinois in a vending program | ||||||
| 3 | operated under
a contractual agreement with the Department of | ||||||
| 4 | Rehabilitation Services or its successor agency.
| ||||||
| 5 | This subsection (p) applies without regard to whether the | ||||||
| 6 | person was in service on or after the effective date of this | ||||||
| 7 | amendatory Act of the 94th General Assembly. In the case of a | ||||||
| 8 | person who is receiving a retirement annuity on that effective | ||||||
| 9 | date, the increase, if any, shall begin to accrue on the first | ||||||
| 10 | annuity payment date following receipt by the System of the | ||||||
| 11 | contributions required under this subsection (p).
| ||||||
| 12 | (q) By paying the required contributions under this | ||||||
| 13 | Section, plus an amount determined by the Board to be equal to | ||||||
| 14 | the employer's normal cost of the benefit plus interest, an | ||||||
| 15 | employee who was laid off but returned to State employment | ||||||
| 16 | under circumstances in which the employee is considered to have | ||||||
| 17 | been in continuous service for purposes of determining | ||||||
| 18 | seniority may establish creditable service for the period of | ||||||
| 19 | the layoff, provided that (1) the applicant applies for the | ||||||
| 20 | creditable service under this subsection (q) within 6 months | ||||||
| 21 | after the effective date of this amendatory Act of the 94th | ||||||
| 22 | General Assembly, (2) the applicant does not receive credit for | ||||||
| 23 | that period under any other provision of this Code, (3) at the | ||||||
| 24 | time of the layoff, the applicant is not in an initial | ||||||
| 25 | probationary status consistent with the rules of the Department | ||||||
| 26 | of Central Management Services, and (4) the total amount of | ||||||
| |||||||
| |||||||
| 1 | creditable service established by the applicant under this | ||||||
| 2 | subsection (q) does not exceed 3 years. For service established | ||||||
| 3 | under this subsection (q), the required employee contribution | ||||||
| 4 | shall be based on the rate of compensation earned by the | ||||||
| 5 | employee on the date of returning to employment after the | ||||||
| 6 | layoff and the contribution rate then in effect, and the | ||||||
| 7 | required interest shall be calculated from the date of | ||||||
| 8 | returning to employment after the layoff to the date of | ||||||
| 9 | payment.
| ||||||
| 10 | (r) A member who participated in the University of Illinois | ||||||
| 11 | Government Public Service Internship Program (GPSI) may | ||||||
| 12 | establish creditable service for up to 2 years
of that | ||||||
| 13 | participation by making the contribution required under this | ||||||
| 14 | Section, plus an amount determined by the Board to be equal to | ||||||
| 15 | the employer's normal cost of the benefit plus interest.
The | ||||||
| 16 | System shall determine a full-time salary equivalent for the | ||||||
| 17 | purpose of
calculating the required contribution. Credit may | ||||||
| 18 | not be established under
this subsection for any period for | ||||||
| 19 | which service credit is established under
any other provision | ||||||
| 20 | of this Code. | ||||||
| 21 | (s)
A member who worked as a nurse under a contractual | ||||||
| 22 | agreement for the Department of Public Aid, or its successor | ||||||
| 23 | agency, the Department of Human Services, in the Client | ||||||
| 24 | Assessment Unit and was subsequently determined to be a State | ||||||
| 25 | employee by the United States Internal Revenue Service and the | ||||||
| 26 | Illinois Labor Relations Board may establish creditable | ||||||
| |||||||
| |||||||
| 1 | service for those contractual services by making the | ||||||
| 2 | contributions required under this Section. To establish credit | ||||||
| 3 | under this subsection, the applicant must apply to the System | ||||||
| 4 | by July 1, 2008. | ||||||
| 5 | The Department of Human Services shall pay an employer | ||||||
| 6 | contribution based upon an amount determined by the Board to be | ||||||
| 7 | equal to the employer's normal cost of the benefit, plus | ||||||
| 8 | interest. | ||||||
| 9 | In compliance with Section 14-152.1 added by Public Act | ||||||
| 10 | 94-4, the cost of the benefits provided by Public Act 95-583
| ||||||
| 11 | are offset by the required employee and employer contributions.
| ||||||
| 12 | (t) Any person who rendered contractual services on a | ||||||
| 13 | full-time basis to the Illinois Institute of Natural Resources | ||||||
| 14 | and the Illinois Department of Energy and Natural Resources may | ||||||
| 15 | establish creditable service for up to 4 years of those | ||||||
| 16 | contractual services by making the contributions required | ||||||
| 17 | under this Section, plus an amount determined by the Board to | ||||||
| 18 | be equal to the employer's normal cost of the benefit plus | ||||||
| 19 | interest at the actuarially assumed rate from the first day of | ||||||
| 20 | the service for which credit is being established to the date | ||||||
| 21 | of payment. To establish credit under this subsection (t), the | ||||||
| 22 | applicant must apply to the System within 6 months after August | ||||||
| 23 | 28, 2009 (the effective date of Public Act 96-775)
this | ||||||
| 24 | amendatory Act of the 96th General Assembly. | ||||||
| 25 | (u)
(t) A member may establish creditable service and | ||||||
| 26 | earnings credit for a period of voluntary or involuntary | ||||||
| |||||||
| |||||||
| 1 | furlough, not exceeding 5 days, beginning on or after July 1, | ||||||
| 2 | 2008 and ending on or before June 30, 2009, that is utilized as | ||||||
| 3 | a means of addressing a State fiscal emergency. To receive this | ||||||
| 4 | credit, the member must apply in writing to the System before | ||||||
| 5 | July 1, 2012, and make contributions required under this | ||||||
| 6 | Section, plus an amount determined by the Board to be equal to | ||||||
| 7 | the employer's normal cost of the benefit, plus interest at the | ||||||
| 8 | actuarially assumed rate. | ||||||
| 9 | A member may establish creditable service and earnings | ||||||
| 10 | credit for a period of voluntary or involuntary furlough, not | ||||||
| 11 | exceeding 24 days, beginning on or after July 1, 2009 and | ||||||
| 12 | ending on or before June 30, 2011, that is utilized as a means | ||||||
| 13 | of addressing a State fiscal emergency. To receive this credit, | ||||||
| 14 | the member must, before December 31, 2011, (i) apply in writing | ||||||
| 15 | to the System and (ii) make the contributions required under | ||||||
| 16 | this Section, plus an amount determined by the Board to be | ||||||
| 17 | equal to the employer's normal cost of the benefit, plus | ||||||
| 18 | interest at the actuarially assumed rate. | ||||||
| 19 | (v)
(t) Any member who rendered full-time contractual | ||||||
| 20 | services to an Illinois Veterans Home operated by the | ||||||
| 21 | Department of Veterans' Affairs may establish service credit | ||||||
| 22 | for up
to 8 years of such services by making the contributions | ||||||
| 23 | required under this
Section, plus an amount determined by the | ||||||
| 24 | Board to be equal to the employer's normal cost of the benefit, | ||||||
| 25 | plus interest at the actuarially assumed rate. To establish | ||||||
| 26 | credit under this subsection, the applicant must
apply to the | ||||||
| |||||||
| |||||||
| 1 | System no later than 6 months after July 27, 2009 (the | ||||||
| 2 | effective date of Public Act 96-97)
this amendatory Act of the | ||||||
| 3 | 96th General Assembly. | ||||||
| 4 | (Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; | ||||||
| 5 | 95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff. | ||||||
| 6 | 7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised | ||||||
| 7 | 9-9-09.)
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| 8 | (40 ILCS 5/15-113.11 new) | ||||||
| 9 | Sec. 15-113.11. Service for periods of voluntary or | ||||||
| 10 | involuntary furlough. A participant may establish creditable | ||||||
| 11 | service and earnings credit for periods of furlough beginning | ||||||
| 12 | on or after July 1, 2009 and ending on or before June 30, 2011. | ||||||
| 13 | To receive this credit, the participant must (i) apply in | ||||||
| 14 | writing to the System before December 31, 2011; (ii) not | ||||||
| 15 | receive compensation from an employer for any furlough period; | ||||||
| 16 | and (iii) make employee contributions required under Section | ||||||
| 17 | 15-157 based on the rate of basic compensation during the | ||||||
| 18 | periods of furlough, plus an amount determined by the Board to | ||||||
| 19 | be equal to the employer's normal cost of the benefit, plus | ||||||
| 20 | compounded interest at the actuarially assumed rate from the | ||||||
| 21 | date of voluntary or involuntary furlough to the date of | ||||||
| 22 | payment. The participant shall provide, at the time of | ||||||
| 23 | application, written certification from the employer providing | ||||||
| 24 | the total number of furlough days a participant has been | ||||||
| 25 | required to take.
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| 1 | Section 90. The State Mandates Act is amended by adding | ||||||
| 2 | Section 8.34 as follows:
| ||||||
| 3 | (30 ILCS 805/8.34 new) | ||||||
| 4 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 5 | of this Act, no reimbursement by the State is required for the | ||||||
| 6 | implementation of any mandate created by this amendatory Act of | ||||||
| 7 | the 96th General Assembly.
| ||||||
| 8 | Section 99. Effective date. This Act takes effect upon | ||||||
| 9 | becoming law.
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