Bill Text: IL SB1479 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the State Employee Article of the Illinois Pension Code. Provides service credit for up to 5 days of voluntary or involuntary furlough used to address a State fiscal emergency. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0718 [SB1479 Detail]
Download: Illinois-2009-SB1479-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Section 14-104 as follows:
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6 | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | ||||||
7 | Sec. 14-104. Service for which contributions permitted.
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8 | Contributions provided for in this Section shall cover the | ||||||
9 | period of
service granted. Except as otherwise provided in this | ||||||
10 | Section, the
contributions shall be based upon the employee's | ||||||
11 | compensation and
contribution rate in effect on the date he | ||||||
12 | last became a member of the
System; provided that for all | ||||||
13 | employment prior to January 1, 1969 the
contribution rate shall | ||||||
14 | be that in effect for a noncovered employee on
the date he last | ||||||
15 | became a member of the System. Except as otherwise provided
in | ||||||
16 | this Section, contributions permitted under this Section shall | ||||||
17 | include
regular interest from the date an employee last became | ||||||
18 | a member of the System
to the date of payment.
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19 | These contributions must be paid in full before retirement | ||||||
20 | either in
a lump sum or in installment payments in accordance | ||||||
21 | with such rules as
may be adopted by the board.
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22 | (a) Any member may make contributions as required in this | ||||||
23 | Section
for any period of service, subsequent to the date of |
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1 | establishment, but
prior to the date of membership.
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2 | (b) Any employee who had been previously excluded from | ||||||
3 | membership
because of age at entry and subsequently became | ||||||
4 | eligible may elect to
make contributions as required in this | ||||||
5 | Section for the period of service
during which he was | ||||||
6 | ineligible.
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7 | (c) An employee of the Department of Insurance who, after | ||||||
8 | January 1,
1944 but prior to becoming eligible for membership, | ||||||
9 | received salary from
funds of insurance companies in the | ||||||
10 | process of rehabilitation,
liquidation, conservation or | ||||||
11 | dissolution, may elect to make
contributions as required in | ||||||
12 | this Section for such service.
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13 | (d) Any employee who rendered service in a State office to | ||||||
14 | which he
was elected, or rendered service in the elective | ||||||
15 | office of Clerk of the
Appellate Court prior to the date he | ||||||
16 | became a member, may make
contributions for such service as | ||||||
17 | required in this Section. Any member
who served by appointment | ||||||
18 | of the Governor under the Civil Administrative
Code of Illinois | ||||||
19 | and did not participate in this System may make
contributions | ||||||
20 | as required in this Section for such service.
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21 | (e) Any person employed by the United States government or | ||||||
22 | any
instrumentality or agency thereof from January 1, 1942 | ||||||
23 | through November
15, 1946 as the result of a transfer from | ||||||
24 | State service by executive
order of the President of the United | ||||||
25 | States shall be entitled to prior
service credit covering the | ||||||
26 | period from January 1, 1942 through December
31, 1943 as |
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1 | provided for in this Article and to membership service
credit | ||||||
2 | for the period from January 1, 1944 through November 15, 1946 | ||||||
3 | by
making the contributions required in this Section. A person | ||||||
4 | so employed
on January 1, 1944 but whose employment began after | ||||||
5 | January 1, 1942 may
qualify for prior service and membership | ||||||
6 | service credit under the same
conditions.
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7 | (f) An employee of the Department of Labor of the State of | ||||||
8 | Illinois who
performed services for and under the supervision | ||||||
9 | of that Department
prior to January 1, 1944 but who was | ||||||
10 | compensated for those services
directly by federal funds and | ||||||
11 | not by a warrant of the Auditor of Public
Accounts paid by the | ||||||
12 | State Treasurer may establish credit for such
employment by | ||||||
13 | making the contributions required in this Section. An
employee | ||||||
14 | of the Department of Agriculture of the State of Illinois, who
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15 | performed services for and under the supervision of that | ||||||
16 | Department
prior to June 1, 1963, but was compensated for those | ||||||
17 | services directly
by federal funds and not paid by a warrant of | ||||||
18 | the Auditor of Public
Accounts paid by the State Treasurer, and | ||||||
19 | who did not contribute to any
other public employee retirement | ||||||
20 | system for such service, may establish
credit for such | ||||||
21 | employment by making the contributions required in this
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22 | Section.
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23 | (g) Any employee who executed a waiver of membership within
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24 | 60 days prior to January 1, 1944 may, at any time while in the | ||||||
25 | service of a
department, file with the board a rescission of | ||||||
26 | such waiver. Upon
making the contributions required by this |
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1 | Section, the member shall be
granted the creditable service | ||||||
2 | that would have been received if the
waiver had not been | ||||||
3 | executed.
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4 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
5 | full-time
basis by a regional planning commission for at least | ||||||
6 | 5 continuous years may
establish creditable service for such | ||||||
7 | employment by making the
contributions required under this | ||||||
8 | Section, provided that any credits earned
by the employee in | ||||||
9 | the commission's retirement plan have been terminated.
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10 | (i) Any person who rendered full time contractual services | ||||||
11 | to the General
Assembly as a member of a legislative staff may | ||||||
12 | establish service credit for up
to 8 years of such services by | ||||||
13 | making the contributions required under this
Section, provided | ||||||
14 | that application therefor is made not later than July 1,
1991.
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15 | (j) By paying the contributions otherwise 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, but with all of the interest calculated
from the date | ||||||
19 | the employee last became a member of the System or November 19,
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20 | 1991, whichever is later, to the date of payment, an employee | ||||||
21 | may establish
service credit
for a period of up to 4 years | ||||||
22 | spent in active military service for which he
does not qualify | ||||||
23 | for credit under Section 14-105, provided that (1) he was
not | ||||||
24 | dishonorably discharged from such military service, and (2) the | ||||||
25 | amount
of service credit established by a member under this | ||||||
26 | subsection (j), when
added to the amount of military service |
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1 | credit granted to the member under
subsection (b) of Section | ||||||
2 | 14-105, shall not exceed 5 years. The change
in the manner of | ||||||
3 | calculating interest under this subsection (j) made by this
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4 | amendatory Act of the 92nd General Assembly applies to credit | ||||||
5 | purchased by an
employee on or after its effective date and | ||||||
6 | does not entitle any person to a
refund of contributions or | ||||||
7 | interest already paid.
In compliance with Section 14-152.1 of | ||||||
8 | this Act concerning new benefit increases, any new benefit | ||||||
9 | increase as a result of the changes to this subsection (j) made | ||||||
10 | by Public Act 95-483
is funded through the employee | ||||||
11 | contributions provided for in this subsection (j). Any new | ||||||
12 | benefit increase as a result of the changes made to this | ||||||
13 | subsection (j) by Public Act 95-483
is exempt from the | ||||||
14 | provisions of subsection (d) of Section 14-152.1.
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15 | (k) An employee who was employed on a full-time basis by | ||||||
16 | the Illinois
State's Attorneys Association Statewide Appellate | ||||||
17 | Assistance Service
LEAA-ILEC grant project prior to the time | ||||||
18 | that project became the State's
Attorneys Appellate Service | ||||||
19 | Commission, now the Office of the State's
Attorneys Appellate | ||||||
20 | Prosecutor, an agency of State government, may
establish | ||||||
21 | creditable service for not more than 60 months service for
such | ||||||
22 | employment by making contributions required under this | ||||||
23 | Section.
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24 | (l) By paying the contributions otherwise required under | ||||||
25 | this Section,
plus an amount determined by the Board to be | ||||||
26 | equal to the employer's normal
cost of the benefit plus |
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1 | interest, a member may establish service credit
for periods of | ||||||
2 | less than one year spent on authorized leave of absence from
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3 | service, provided that (1) the period of leave began on or | ||||||
4 | after January 1,
1982 and (2) any credit established by the | ||||||
5 | member for the period of leave in
any other public employee | ||||||
6 | retirement system has been terminated. A member
may establish | ||||||
7 | service credit under this subsection for more than one period
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8 | of authorized leave, and in that case the total period of | ||||||
9 | service credit
established by the member under this subsection | ||||||
10 | may exceed one year. In
determining the contributions required | ||||||
11 | for establishing service credit under
this subsection, the | ||||||
12 | interest shall be calculated from the beginning of the
leave of | ||||||
13 | absence to the date of payment.
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14 | (l-5) By paying the contributions otherwise required under | ||||||
15 | this Section,
plus an amount determined by the Board to be | ||||||
16 | equal to the employer's normal
cost of the benefit plus | ||||||
17 | interest, a member may establish service credit
for periods of | ||||||
18 | up to 2 years spent on authorized leave of absence from
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19 | service, provided that during that leave the member represented | ||||||
20 | or was employed as an officer or employee of a statewide labor | ||||||
21 | organization that represents members of this System. In
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22 | determining the contributions required for establishing | ||||||
23 | service credit under
this subsection, the interest shall be | ||||||
24 | calculated from the beginning of the
leave of absence to the | ||||||
25 | date of payment.
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26 | (m) Any person who rendered contractual services to a |
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1 | member of
the General Assembly as a worker in the member's | ||||||
2 | district office may establish
creditable service for up to 3 | ||||||
3 | years of those contractual services by making
the contributions | ||||||
4 | required under this Section. The System shall determine a
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5 | full-time salary equivalent for the purpose of calculating the | ||||||
6 | required
contribution. To establish credit under this | ||||||
7 | subsection, the applicant must
apply to the System by March 1, | ||||||
8 | 1998.
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9 | (n) Any person who rendered contractual services to a | ||||||
10 | member of
the General Assembly as a worker providing | ||||||
11 | constituent services to persons in
the member's district may | ||||||
12 | establish
creditable service for up to 8 years of those | ||||||
13 | contractual services by making
the contributions required | ||||||
14 | under this Section. The System shall determine a
full-time | ||||||
15 | salary equivalent for the purpose of calculating the required
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16 | contribution. To establish credit under this subsection, the | ||||||
17 | applicant must
apply to the System by March 1, 1998.
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18 | (o) A member who participated in the Illinois Legislative | ||||||
19 | Staff
Internship Program may establish creditable service for | ||||||
20 | up to one year
of that participation by making the contribution | ||||||
21 | required under this Section.
The System shall determine a | ||||||
22 | full-time salary equivalent for the purpose of
calculating the | ||||||
23 | required contribution. Credit may not be established under
this | ||||||
24 | subsection for any period for which service credit is | ||||||
25 | established under
any other provision of this Code.
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26 | (p) By paying the contributions otherwise required under |
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1 | this Section,
plus an amount determined by the Board to be | ||||||
2 | equal to the employer's normal
cost of the benefit plus | ||||||
3 | interest, a member may establish service credit
for a period of | ||||||
4 | up to 8 years during which he or she was employed by the
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5 | Visually Handicapped Managers of Illinois in a vending program | ||||||
6 | operated under
a contractual agreement with the Department of | ||||||
7 | Rehabilitation Services or its successor agency.
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8 | This subsection (p) applies without regard to whether the | ||||||
9 | person was in service on or after the effective date of this | ||||||
10 | amendatory Act of the 94th General Assembly. In the case of a | ||||||
11 | person who is receiving a retirement annuity on that effective | ||||||
12 | date, the increase, if any, shall begin to accrue on the first | ||||||
13 | annuity payment date following receipt by the System of the | ||||||
14 | contributions required under this subsection (p).
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15 | (q) By paying the required contributions under this | ||||||
16 | Section, plus an amount determined by the Board to be equal to | ||||||
17 | the employer's normal cost of the benefit plus interest, an | ||||||
18 | employee who was laid off but returned to State employment | ||||||
19 | under circumstances in which the employee is considered to have | ||||||
20 | been in continuous service for purposes of determining | ||||||
21 | seniority may establish creditable service for the period of | ||||||
22 | the layoff, provided that (1) the applicant applies for the | ||||||
23 | creditable service under this subsection (q) within 6 months | ||||||
24 | after the effective date of this amendatory Act of the 94th | ||||||
25 | General Assembly, (2) the applicant does not receive credit for | ||||||
26 | that period under any other provision of this Code, (3) at the |
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1 | time of the layoff, the applicant is not in an initial | ||||||
2 | probationary status consistent with the rules of the Department | ||||||
3 | of Central Management Services, and (4) the total amount of | ||||||
4 | creditable service established by the applicant under this | ||||||
5 | subsection (q) does not exceed 3 years. For service established | ||||||
6 | under this subsection (q), the required employee contribution | ||||||
7 | shall be based on the rate of compensation earned by the | ||||||
8 | employee on the date of returning to employment after the | ||||||
9 | layoff and the contribution rate then in effect, and the | ||||||
10 | required interest shall be calculated from the date of | ||||||
11 | returning to employment after the layoff to the date of | ||||||
12 | payment.
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13 | (r) A member who participated in the University of Illinois | ||||||
14 | Government Public Service Internship Program (GPSI) may | ||||||
15 | establish creditable service for up to 2 years
of that | ||||||
16 | participation by making the contribution required under this | ||||||
17 | Section, plus an amount determined by the Board to be equal to | ||||||
18 | the employer's normal cost of the benefit plus interest.
The | ||||||
19 | System shall determine a full-time salary equivalent for the | ||||||
20 | purpose of
calculating the required contribution. Credit may | ||||||
21 | not be established under
this subsection for any period for | ||||||
22 | which service credit is established under
any other provision | ||||||
23 | of this Code. | ||||||
24 | (s)
A member who worked as a nurse under a contractual | ||||||
25 | agreement for the Department of Public Aid, or its successor | ||||||
26 | agency, the Department of Human Services, in the Client |
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1 | Assessment Unit and was subsequently determined to be a State | ||||||
2 | employee by the United States Internal Revenue Service and the | ||||||
3 | Illinois Labor Relations Board may establish creditable | ||||||
4 | service for those contractual services by making the | ||||||
5 | contributions required under this Section. To establish credit | ||||||
6 | under this subsection, the applicant must apply to the System | ||||||
7 | by July 1, 2008. | ||||||
8 | The Department of Human Services shall pay an employer | ||||||
9 | contribution based upon an amount determined by the Board to be | ||||||
10 | equal to the employer's normal cost of the benefit, plus | ||||||
11 | interest. | ||||||
12 | In compliance with Section 14-152.1 added by Public Act | ||||||
13 | 94-4, the cost of the benefits provided by Public Act 95-583
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14 | are offset by the required employee and employer contributions.
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15 | (t) A member may establish creditable service and earnings | ||||||
16 | credit for a period of voluntary or involuntary furlough, not | ||||||
17 | exceeding 5 days, beginning on or after July 1, 2008 and ending | ||||||
18 | on or before June 30, 2009, that is utilized as a means of | ||||||
19 | addressing a State fiscal emergency. To receive this credit, | ||||||
20 | the member must apply in writing to the System before July 1, | ||||||
21 | 2012, and make contributions required under this Section, plus | ||||||
22 | an amount determined by the Board to be equal to the employer's | ||||||
23 | normal cost of the benefit, plus interest at the actuarially | ||||||
24 | assumed rate. | ||||||
25 | (Source: P.A. 94-612, eff. 8-18-05; 94-1111, eff. 2-27-07; | ||||||
26 | 95-483, eff. 8-28-07; 95-583, eff. 8-31-07; 95-652, eff. |
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1 | 10-11-07; 95-876, eff. 8-21-08.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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