Bill Text: IL SB1479 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-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
Section 14-105 as follows:
(40 ILCS 5/14-105) (from Ch. 108 1/2, par. 14-105)
Sec. 14-105. Service credit for which contributions are not
required.
(a) Each employee in service on December 31, 1943, or then
on leave of absence not in conflict with Civil Service rules,
if such leave had not extended for more than one year
continuously, or who is otherwise entitled to prior service
credit, who becomes a member shall file with the board on a
form supplied by it, a detailed statement of all service
rendered prior to January 1, 1944, for which credit is claimed.
Upon verification thereof, the board shall issue a prior
service certificate certifying length of prior service. A prior
service certificate shall be conclusive so long as membership
continues, provided, that a member may, within one year from
the date of original issuance of the certificate or
modification thereof, request the board to modify or correct
the certificate.
When membership ceases, a prior service certificate shall

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become void, and shall be revived only under the conditions
specified in this Article.
In the computation of prior service, the following schedule
shall govern: 9 months of service or more during any fiscal
year constitutes a year of service; 6 to 9 months, 3/4 of a
year; 3 to 6 months, 1/2 year; less than 3 months shall not be
considered. Credit shall not be allowed for any period of
absence without compensation or for less than 15 days service
in any month, nor shall more than one year of service be
creditable for all service rendered in any one fiscal year.
(b) Any member shall receive credit for military service
provided all of the following conditions are met:
(1) the member was a State employee within 6 months
immediately prior to entry into military service;
(2) the member returns as a State employee within 15
months after his unconditional discharge other than by
dishonorable discharge; and
(3) the member establishes creditable service for
State employment immediately prior to and following the
military service.
The total amount of creditable military service for any
member during his entire term of service shall not exceed 5
years in the aggregate, except that any member who on July 1,
1963, had accrued more than 5 years of such credit shall be
entitled to the total amount of such accrued credit.
(c) Any active member of the System who (1) was earning

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eligible creditable service under subdivision (b)(12) of
Section 14-110 on January 1, 1992, and (2) has at least 17
years of creditable service under Article 5, and (3) is
eligible to transfer that creditable service to this System
under subsection (c) of Section 5-236 of this Code, and (4)
applies in writing for transfer of that creditable service to
this System within 30 days after the effective date of this
amendatory Act of 1993, shall receive eligible creditable
service in this System for that creditable service upon receipt
by this System of the amounts transferred under Section 5-236.
No additional contributions shall be required for the
transferred service.
(d) Any active member of the system who (1) was earning
eligible creditable service under subdivision (b)(5) of
Section 14-110 on January 1, 1992, and (2) has no more than 7
years of creditable service as a municipal conservator of the
peace under Article 7, and (3) is eligible to transfer that
creditable service to this System under subsection (a) of
Section 7-139.7 of this Code, and (4) makes written
notification to this System by January 31, 1994, shall receive
eligible creditable service in this System for that service
upon receipt by this System of the amounts transferred under
Section 7-139.7. No additional contributions shall be required
for the transferred service.
(e) Any member may establish creditable service and
earnings credit for a period of voluntary or involuntary

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furlough, not exceeding 5 days, beginning on or after December
1, 2001 and ending before January 1, 2003, that is utilized as
a means of addressing a State fiscal emergency. To receive this
credit, the member must apply in writing to the System or the
member's employer before July 1, 2005. No additional
contribution is required for this credit.
(f) Any member may establish creditable service and
earnings credit for a period of voluntary or involuntary
furlough, not exceeding 5 days, beginning on or after July 1,
2008 and ending on or before June 30, 2009, that is utilized as
a means of addressing a State fiscal emergency. To receive this
credit, the member must apply in writing to the System or the
member's employer before July 1, 2012. No additional
contribution is required for this credit.
(Source: P.A. 92-566, eff. 6-25-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.