Bill Text: IL SB1582 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Downstate Police and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Provides that within 6 months after the effective date of the amendatory Act, an active IMRF member may apply for transfer of credits and creditable service under the Downstate Police Article to IMRF. Provides that the credits and creditable service shall be transferred upon payment by the police pension fund of an amount equal to the amounts accumulated to the credit of the applicant for the service to be transferred, including interest; an amount representing employer contributions; and any interest paid by the applicant to reinstate such service. Provides that a person applying to transfer service under the provisions may reinstate credits and creditable service terminated upon receipt of a refund by paying to the police pension fund the amount of the refund plus interest. Provides that if the board of trustees of IMRF determines that the amount transferred is less than the true cost to IMRF of allowing that creditable service to be established, then in order to establish that creditable service, the member must pay to IMRF an additional contribution equal to the difference. Makes conforming and other changes. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1582 Detail]
Download: Illinois-2023-SB1582-Introduced.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 | ||||||||||||||||||||||||||||
5 | changing Section 7-139 and by adding Section 3-110.15 as | ||||||||||||||||||||||||||||
6 | follows:
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7 | (40 ILCS 5/3-110.15 new) | ||||||||||||||||||||||||||||
8 | Sec. 3-110.15. Transfer to IMRF. | ||||||||||||||||||||||||||||
9 | (a) Within 6 months after the effective date of this | ||||||||||||||||||||||||||||
10 | amendatory Act of the 103rd General Assembly, an active member | ||||||||||||||||||||||||||||
11 | of the Illinois Municipal Retirement Fund established under | ||||||||||||||||||||||||||||
12 | Article 7 of this Code may apply for transfer to the Illinois | ||||||||||||||||||||||||||||
13 | Municipal Retirement Fund of his or her credits and creditable | ||||||||||||||||||||||||||||
14 | service accumulated in a police pension fund under this | ||||||||||||||||||||||||||||
15 | Article. The creditable service shall be transferred only upon | ||||||||||||||||||||||||||||
16 | payment by the police pension fund to the Illinois Municipal | ||||||||||||||||||||||||||||
17 | Retirement Fund of an amount equal to: | ||||||||||||||||||||||||||||
18 | (1) the amounts accumulated to the credit of the | ||||||||||||||||||||||||||||
19 | applicant for the service to be transferred, including | ||||||||||||||||||||||||||||
20 | interest; | ||||||||||||||||||||||||||||
21 | (2) an amount representing employer contributions; and | ||||||||||||||||||||||||||||
22 | (3) any interest paid by the applicant to reinstate | ||||||||||||||||||||||||||||
23 | such service. |
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1 | Participation in the police pension fund as to any credits | ||||||
2 | transferred under this Section shall terminate on the date of | ||||||
3 | transfer. | ||||||
4 | (b) Notwithstanding any other provision of this Code, any | ||||||
5 | person applying to transfer service under this Section may | ||||||
6 | reinstate credits and creditable service terminated upon | ||||||
7 | receipt of a refund by paying to the police pension fund the | ||||||
8 | amount of the refund plus interest thereon at the actuarially | ||||||
9 | assumed rate of interest to the date of payment. Such payment | ||||||
10 | must be made within 90 days after notification by the police | ||||||
11 | pension fund of the cost of such reinstatement.
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12 | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
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13 | Sec. 7-139. Credits and creditable service to employees.
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14 | (a) Each participating employee shall be granted credits | ||||||
15 | and creditable
service, for purposes of determining the amount | ||||||
16 | of any annuity or benefit
to which he or a beneficiary is | ||||||
17 | entitled, as follows:
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18 | 1. For prior service: Each participating employee who | ||||||
19 | is an employee
of a participating municipality or | ||||||
20 | participating instrumentality on the
effective date shall | ||||||
21 | be granted creditable service, but no credits under
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22 | paragraph 2 of this subsection (a), for periods of prior | ||||||
23 | service for which
credit has not been received under any | ||||||
24 | other pension fund or retirement system
established under | ||||||
25 | this Code, as follows:
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1 | If the effective date of participation for the | ||||||
2 | participating municipality
or participating | ||||||
3 | instrumentality is on or before January 1, 1998, | ||||||
4 | creditable
service shall be granted for the entire period | ||||||
5 | of prior service with that
employer without any employee | ||||||
6 | contribution.
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7 | If the effective date of participation for the | ||||||
8 | participating municipality
or participating | ||||||
9 | instrumentality is after January 1, 1998, creditable
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10 | service shall be granted for the last 20% of the period of | ||||||
11 | prior service with
that employer, but no more than 5 | ||||||
12 | years, without any employee contribution. A
participating | ||||||
13 | employee may establish creditable service for the | ||||||
14 | remainder of
the period of prior service with that | ||||||
15 | employer by making an application in
writing, accompanied | ||||||
16 | by payment of an employee contribution in an
amount | ||||||
17 | determined by the Fund, based on the employee contribution | ||||||
18 | rates in
effect at the time of application for the | ||||||
19 | creditable service and the employee's
salary rate on the | ||||||
20 | effective date of participation for that employer, plus
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21 | interest at the effective rate from the date of the prior | ||||||
22 | service to the date
of payment. Application for this | ||||||
23 | creditable service may be made at any time
while the | ||||||
24 | employee is still in service.
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25 | A municipality that (i) has at least 35 employees; | ||||||
26 | (ii) is located in a county with at least 2,000,000 |
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1 | inhabitants; and (iii) maintains an independent defined | ||||||
2 | benefit pension plan for the benefit of its eligible | ||||||
3 | employees may restrict creditable service in whole or in | ||||||
4 | part for periods of prior service with the employer if the | ||||||
5 | governing body of the municipality adopts an irrevocable | ||||||
6 | resolution to restrict that creditable service and files | ||||||
7 | the resolution with the board before the municipality's | ||||||
8 | effective date of participation.
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9 | Any person who has withdrawn from the service of a | ||||||
10 | participating
municipality
or participating | ||||||
11 | instrumentality prior to the effective date, who reenters
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12 | the service of the same municipality or participating | ||||||
13 | instrumentality after
the effective date and becomes a | ||||||
14 | participating employee is entitled to
creditable service | ||||||
15 | for prior service as otherwise provided in this
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16 | subdivision (a)(1) only if he or she renders 2 years of | ||||||
17 | service as a
participating employee after the effective | ||||||
18 | date. Application
for such service must be made while in a | ||||||
19 | participating status.
The salary rate to be used in the | ||||||
20 | calculation of the required employee
contribution, if any, | ||||||
21 | shall be the employee's salary rate at the time of first
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22 | reentering service with the employer after the employer's | ||||||
23 | effective date of
participation.
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24 | 2. For current service, each participating employee | ||||||
25 | shall be
credited with:
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26 | a. Additional credits of amounts equal to each |
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1 | payment of additional
contributions received from him | ||||||
2 | under Section 7-173, as of the
date the corresponding | ||||||
3 | payment of earnings is payable to him.
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4 | b. Normal credits of amounts equal to each payment | ||||||
5 | of normal
contributions received from him, as of the | ||||||
6 | date the corresponding payment of
earnings is payable | ||||||
7 | to him, and normal contributions made for the purpose | ||||||
8 | of
establishing out-of-state service credits as | ||||||
9 | permitted under the conditions set
forth in paragraph | ||||||
10 | 6 of this subsection (a).
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11 | c. Municipality credits in an amount equal to 1.4 | ||||||
12 | times the normal
credits, except those established by | ||||||
13 | out-of-state service credits, as of
the date of | ||||||
14 | computation of any benefit if these credits would | ||||||
15 | increase
the benefit.
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16 | d. Survivor credits equal to each payment of | ||||||
17 | survivor contributions
received from the participating | ||||||
18 | employee as of the date the
corresponding payment of | ||||||
19 | earnings is payable, and survivor contributions made
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20 | for the purpose of establishing out-of-state service | ||||||
21 | credits.
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22 | 3. For periods of temporary and total and permanent | ||||||
23 | disability
benefits, each employee receiving disability | ||||||
24 | benefits shall be granted
creditable service for the | ||||||
25 | period during which disability benefits are
payable. | ||||||
26 | Normal and survivor credits, based upon the rate of |
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1 | earnings
applied for disability benefits, shall also be | ||||||
2 | granted if such credits
would result in a higher benefit | ||||||
3 | to any such employee or his
beneficiary.
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4 | 4. For authorized leave of absence without pay: A | ||||||
5 | participating
employee shall be granted credits and | ||||||
6 | creditable service for periods of
authorized leave of | ||||||
7 | absence without pay under the following
conditions:
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8 | a. An application for credits and creditable | ||||||
9 | service is submitted to the
board while the employee | ||||||
10 | is in a status of
active employment.
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11 | b. Not more than 12 complete months of creditable | ||||||
12 | service
for authorized leave of absence without pay | ||||||
13 | shall be counted for purposes of
determining any | ||||||
14 | benefits payable under this Article.
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15 | c. Credits and creditable service shall be granted | ||||||
16 | for leave of
absence only if such leave is approved by | ||||||
17 | the governing body of the
municipality, including | ||||||
18 | approval of the estimated cost thereof to the
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19 | municipality as determined by the fund, and employee | ||||||
20 | contributions, plus
interest at the effective rate | ||||||
21 | applicable for each year from the end of
the period of | ||||||
22 | leave to date of payment, have been paid to the fund in
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23 | accordance with Section 7-173. The contributions shall | ||||||
24 | be computed upon the
assumption earnings continued | ||||||
25 | during the period of leave at the rate in
effect when | ||||||
26 | the leave began.
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1 | d. Benefits under the provisions of Sections | ||||||
2 | 7-141, 7-146, 7-150
and 7-163 shall become payable to | ||||||
3 | employees on authorized leave of
absence, or their | ||||||
4 | designated beneficiary, only if such leave of absence
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5 | is creditable hereunder, and if the employee has at | ||||||
6 | least one year of
creditable service other than the | ||||||
7 | service granted for leave of absence.
Any employee | ||||||
8 | contributions due may be deducted from any benefits
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9 | payable.
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10 | e. No credits or creditable service shall be | ||||||
11 | allowed for leave of
absence without pay during any | ||||||
12 | period of prior service.
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13 | 5. For military service: The governing body of a | ||||||
14 | municipality or
participating instrumentality may elect to | ||||||
15 | allow creditable service to
participating employees who | ||||||
16 | leave their employment to serve in the armed
forces of the | ||||||
17 | United States for all periods of such service, provided
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18 | that the person returns to active employment within 90 | ||||||
19 | days after
completion
of full time active duty, but no | ||||||
20 | creditable service shall be allowed such
person for any | ||||||
21 | period that can be used in the computation of a pension
or | ||||||
22 | any other pay or benefit, other than pay for active duty, | ||||||
23 | for service
in any branch of the armed forces of the United | ||||||
24 | States. If necessary to
the computation of any benefit, | ||||||
25 | the board shall establish municipality
credits for | ||||||
26 | participating employees under this paragraph on the
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1 | assumption that the employee received earnings at the rate | ||||||
2 | received at
the time he left the employment to enter the | ||||||
3 | armed forces. A
participating employee in the armed forces | ||||||
4 | shall not be considered an
employee during such period of | ||||||
5 | service and no additional death and no
disability benefits | ||||||
6 | are payable for death or disability during such period.
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7 | Any participating employee who left his employment | ||||||
8 | with a
municipality or participating instrumentality to | ||||||
9 | serve in the armed
forces of the United States and who | ||||||
10 | again became a participating
employee within 90 days after | ||||||
11 | completion of full time active duty by
entering the | ||||||
12 | service of a different municipality or participating
| ||||||
13 | instrumentality, which has elected to allow creditable | ||||||
14 | service for
periods of military service under the | ||||||
15 | preceding paragraph, shall also be
allowed creditable | ||||||
16 | service for his period of military service on the
same | ||||||
17 | terms that would apply if he had been employed, before | ||||||
18 | entering
military service, by the municipality or | ||||||
19 | instrumentality which employed
him after he left the | ||||||
20 | military service and the employer costs arising in
| ||||||
21 | relation to such grant of creditable service shall be | ||||||
22 | charged to and
paid by that municipality or | ||||||
23 | instrumentality.
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24 | Notwithstanding the foregoing, any participating | ||||||
25 | employee
shall be entitled to creditable service as | ||||||
26 | required by any federal law
relating to re-employment |
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1 | rights of persons who served in the United States
Armed | ||||||
2 | Services. Such creditable service shall be granted upon | ||||||
3 | payment by
the member of an amount equal to the employee | ||||||
4 | contributions which would
have been required had the | ||||||
5 | employee continued in service at the same
rate of earnings | ||||||
6 | during the military leave period, plus interest at
the | ||||||
7 | effective rate.
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8 | 5.1. In addition to any creditable service established | ||||||
9 | under
paragraph 5 of this subsection (a), creditable | ||||||
10 | service may be granted for
up to 48 months of service in | ||||||
11 | the armed forces of the United States.
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12 | In order to receive creditable service for military | ||||||
13 | service under this
paragraph 5.1, a participating employee | ||||||
14 | must (1) apply to the Fund
in writing and provide evidence | ||||||
15 | of the military service that is satisfactory
to the Board; | ||||||
16 | (2) obtain the written approval of the current employer; | ||||||
17 | and (3)
make contributions to the Fund equal to (i)
the | ||||||
18 | employee contributions that would have been required had | ||||||
19 | the service been
rendered as a member, plus (ii) an amount | ||||||
20 | determined by the board to be equal
to the employer's | ||||||
21 | normal cost of the benefits accrued for that military
| ||||||
22 | service, plus (iii) interest on items (i) and (ii) from | ||||||
23 | the date of first
membership in the Fund to the date of | ||||||
24 | payment. The required interest shall be
calculated at the | ||||||
25 | regular interest rate.
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26 | The changes made to this paragraph 5.1 by Public Acts |
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1 | 95-483 and 95-486
apply only to participating employees in | ||||||
2 | service on or after August 28, 2007 (the effective date of | ||||||
3 | those Public Acts).
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4 | 6. For out-of-state service: Creditable service shall | ||||||
5 | be granted for
service rendered to an out-of-state local | ||||||
6 | governmental body under the
following conditions: The | ||||||
7 | employee had participated and has irrevocably
forfeited | ||||||
8 | all rights to benefits in the out-of-state public | ||||||
9 | employees
pension system; the governing body of his | ||||||
10 | participating municipality or
instrumentality authorizes | ||||||
11 | the employee to establish such service; the
employee has 2 | ||||||
12 | years current service with this municipality or
| ||||||
13 | participating instrumentality; the employee makes a | ||||||
14 | payment of
contributions, which shall be computed at 8% | ||||||
15 | (normal) plus 2% (survivor)
times length of service | ||||||
16 | purchased times the average rate of earnings for the
first | ||||||
17 | 2
years of service with the municipality or participating
| ||||||
18 | instrumentality whose governing body authorizes the | ||||||
19 | service established
plus interest at the effective rate on | ||||||
20 | the date such credits are
established, payable from the | ||||||
21 | date the employee completes the required 2
years of | ||||||
22 | current service to date of payment. In no case shall more | ||||||
23 | than
120 months of creditable service be granted under | ||||||
24 | this provision.
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25 | 7. For retroactive service: Any employee who could | ||||||
26 | have but did not
elect to become a participating employee, |
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1 | or who should have been a
participant in the Municipal | ||||||
2 | Public Utilities Annuity and Benefit Fund
before that fund | ||||||
3 | was superseded, may receive creditable service for the
| ||||||
4 | period of service not to exceed 50 months; however, a | ||||||
5 | current or former
elected or appointed official of a | ||||||
6 | participating municipality may establish credit under this | ||||||
7 | paragraph 7 for more than 50
months of service as an | ||||||
8 | official of that municipality, if the excess over 50 | ||||||
9 | months is approved by resolution of the
governing body of | ||||||
10 | the affected municipality filed with
the Fund before | ||||||
11 | January 1, 2002.
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12 | Any employee who is a
participating employee on or | ||||||
13 | after September 24, 1981 and who was
excluded from | ||||||
14 | participation by the age restrictions removed by Public | ||||||
15 | Act
82-596 may receive creditable service for the period, | ||||||
16 | on or after January
1, 1979, excluded by the age | ||||||
17 | restriction and, in addition, if the governing
body of the | ||||||
18 | participating municipality or participating | ||||||
19 | instrumentality elects
to allow creditable service for all | ||||||
20 | employees excluded by the age restriction
prior to January | ||||||
21 | 1, 1979, for service during the period prior to that date
| ||||||
22 | excluded by the age restriction. Any employee who was | ||||||
23 | excluded from
participation by the age restriction removed | ||||||
24 | by Public Act 82-596 and who is
not a participating | ||||||
25 | employee on or after September 24, 1981 may receive
| ||||||
26 | creditable service for service after January 1,
1979. |
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1 | Creditable service under this paragraph
shall be granted | ||||||
2 | upon payment of the employee contributions
which would | ||||||
3 | have been required had he participated, with interest at | ||||||
4 | the
effective rate for each year from the end of the period | ||||||
5 | of service
established to date of payment.
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6 | 8. For accumulated unused sick leave: A participating | ||||||
7 | employee who is
applying for a retirement annuity shall be | ||||||
8 | entitled to creditable service
for that portion of the | ||||||
9 | employee's accumulated unused sick leave
for which payment | ||||||
10 | is not received, as follows:
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11 | a. Sick leave days shall be limited to those | ||||||
12 | accumulated under a sick
leave plan established by a | ||||||
13 | participating municipality or participating
| ||||||
14 | instrumentality which is available to all employees or | ||||||
15 | a class of employees.
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16 | b. Except as provided in item b-1, only sick leave | ||||||
17 | days accumulated with a participating municipality or
| ||||||
18 | participating instrumentality with which the employee | ||||||
19 | was in service within
60 days of the effective date of | ||||||
20 | his retirement annuity shall be credited;
If the | ||||||
21 | employee was in service with more than one employer | ||||||
22 | during this
period only the sick leave days with the | ||||||
23 | employer with which the employee
has the greatest | ||||||
24 | number of unpaid sick leave days shall be considered.
| ||||||
25 | b-1. If the employee was in the service of more | ||||||
26 | than one employer as defined in item (2) of paragraph |
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1 | (a) of subsection (A) of Section 7-132, then the sick | ||||||
2 | leave days from all such employers shall be credited, | ||||||
3 | as long as the creditable service attributed to those | ||||||
4 | sick leave days does not exceed the limitation in item | ||||||
5 | d of this paragraph 8. If the employee was in the | ||||||
6 | service of more than one employer described in | ||||||
7 | paragraph (c) of subsection (B) of Section 7-132 on or | ||||||
8 | after the effective date of this amendatory Act of the | ||||||
9 | 101st General Assembly, then the sick leave days from | ||||||
10 | all such employers, except for employers from which | ||||||
11 | the employee terminated service before the effective | ||||||
12 | date of this amendatory Act of the 101st General | ||||||
13 | Assembly, shall be credited, as long as the creditable | ||||||
14 | service attributed to those sick leave days does not | ||||||
15 | exceed the limitation in item d of this paragraph 8. In | ||||||
16 | calculating the creditable service under this item | ||||||
17 | b-1, the sick leave days from the last employer shall | ||||||
18 | be considered first, then the remaining sick leave | ||||||
19 | days shall be considered until there are no more days | ||||||
20 | or the maximum creditable sick leave threshold under | ||||||
21 | item d of this paragraph 8 has been reached. | ||||||
22 | c. The creditable service granted shall be | ||||||
23 | considered solely for the
purpose of computing the | ||||||
24 | amount of the retirement annuity and shall not be
used | ||||||
25 | to establish any minimum service period required by | ||||||
26 | any provision of the
Illinois Pension Code, the |
| |||||||
| |||||||
1 | effective date of the retirement annuity, or the
final | ||||||
2 | rate of earnings.
| ||||||
3 | d. The creditable service shall be at the rate of | ||||||
4 | 1/20 of a month for
each full sick day, provided that | ||||||
5 | no more than 12 months may be credited
under this | ||||||
6 | subdivision 8.
| ||||||
7 | e. Employee contributions shall not be required | ||||||
8 | for creditable service
under this subdivision 8.
| ||||||
9 | f. Each participating municipality and | ||||||
10 | participating instrumentality
with which an employee | ||||||
11 | has service within 60 days of the effective date of
his | ||||||
12 | retirement annuity shall certify to the board the | ||||||
13 | number of accumulated
unpaid sick leave days credited | ||||||
14 | to the employee at the time of termination
of service.
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15 | 9. For service transferred from another system: | ||||||
16 | Credits and
creditable service shall be granted for | ||||||
17 | service under Article 4, 5, 8, 14,
or 16 of this Act, to | ||||||
18 | any active member of this Fund, and to any
inactive member | ||||||
19 | who has been a county sheriff, upon
transfer of such | ||||||
20 | credits pursuant to Section 4-108.3, 5-235,
8-226.7,
| ||||||
21 | 14-105.6, or 16-131.4, and payment by the member of the | ||||||
22 | amount by
which (1) the employer and employee | ||||||
23 | contributions that would have been required
if he had | ||||||
24 | participated in this Fund as a sheriff's law enforcement | ||||||
25 | employee
during the period for which credit is
being | ||||||
26 | transferred, plus interest thereon at the effective rate |
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| |||||||
1 | for each
year, compounded annually, from the date of | ||||||
2 | termination of the service for
which credit is being | ||||||
3 | transferred to the date of payment, exceeds (2) the
amount | ||||||
4 | actually transferred to the Fund.
Such transferred service | ||||||
5 | shall be deemed to be service as a sheriff's law
| ||||||
6 | enforcement employee for the purposes of Section 7-142.1.
| ||||||
7 | 10. (Blank).
| ||||||
8 | 11. For service transferred from an Article 3 system | ||||||
9 | under Section 3-110.3 or 3-110.15 : Credits and creditable | ||||||
10 | service shall be granted for service under Article 3 of | ||||||
11 | this Code Act as provided in Section 3-110.3 or 3-110.15 , | ||||||
12 | to any active member of this Fund, upon transfer of such | ||||||
13 | credits pursuant to Section 3-110.3 or 3-110.15 . If the | ||||||
14 | board determines that the amount transferred is less than | ||||||
15 | the true cost to the Fund of allowing that creditable | ||||||
16 | service to be established, then in order to establish that | ||||||
17 | creditable service, the member must pay to the Fund an | ||||||
18 | additional contribution equal to the difference, as | ||||||
19 | determined by the board in accordance with the rules and | ||||||
20 | procedures adopted under this paragraph. If the member | ||||||
21 | does not make the full additional payment as required by | ||||||
22 | this paragraph prior to termination of his participation | ||||||
23 | with that employer, then his or her creditable service | ||||||
24 | shall be reduced by an amount equal to the difference | ||||||
25 | between the amount transferred under Section 3-110.3 or | ||||||
26 | 3-110.15 , including any payments made by the member under |
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1 | this paragraph prior to termination, and the true cost to | ||||||
2 | the Fund of allowing that creditable service to be | ||||||
3 | established, as determined by the board in accordance with | ||||||
4 | the rules and procedures adopted under this paragraph. | ||||||
5 | The board shall establish by rule the manner of making | ||||||
6 | the calculation required under this paragraph 11, taking | ||||||
7 | into account the appropriate actuarial assumptions; the | ||||||
8 | member's service, age, and salary history, and any other | ||||||
9 | factors that the board determines to be relevant. | ||||||
10 | 12. For omitted service: Any employee who was employed | ||||||
11 | by a participating employer in a position that required | ||||||
12 | participation, but who was not enrolled in the Fund, may | ||||||
13 | establish such credits under the following conditions: | ||||||
14 | a. Application for such credits is received by the | ||||||
15 | Board while the employee is an active participant of | ||||||
16 | the Fund or a reciprocal retirement system. | ||||||
17 | b. Eligibility for participation and earnings are | ||||||
18 | verified by the Authorized Agent of the participating | ||||||
19 | employer for which the service was rendered. | ||||||
20 | Creditable service under this paragraph shall be | ||||||
21 | granted upon payment of the employee contributions that | ||||||
22 | would have been required had he participated, which shall | ||||||
23 | be calculated by the Fund using the member contribution | ||||||
24 | rate in effect during the period that the service was | ||||||
25 | rendered. | ||||||
26 | (b) Creditable service - amount:
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1 | 1. One month of creditable service
shall be allowed | ||||||
2 | for each month for which a participating employee made
| ||||||
3 | contributions as required under Section 7-173, or for | ||||||
4 | which creditable
service is otherwise granted hereunder. | ||||||
5 | Not more than 1 month of
service shall be credited and | ||||||
6 | counted for 1 calendar month, and not more
than 1 year of | ||||||
7 | service shall be credited and counted for any calendar
| ||||||
8 | year. A calendar month means a nominal month beginning on | ||||||
9 | the first day
thereof, and a calendar year means a year | ||||||
10 | beginning January 1 and ending
December 31.
| ||||||
11 | 2. A seasonal employee shall be given 12 months of | ||||||
12 | creditable
service if he renders the number of months of | ||||||
13 | service normally required
by the position in a 12-month | ||||||
14 | period and he remains in service for the
entire 12-month | ||||||
15 | period. Otherwise a fractional year of service in the
| ||||||
16 | number of months of service rendered shall be credited.
| ||||||
17 | 3. An intermittent employee shall be given creditable | ||||||
18 | service for
only those months in which a contribution is | ||||||
19 | made under Section 7-173.
| ||||||
20 | (c) No application for correction of credits or creditable | ||||||
21 | service shall
be considered unless the board receives an | ||||||
22 | application for correction while
(1) the applicant is a | ||||||
23 | participating employee and in active employment
with a | ||||||
24 | participating municipality or instrumentality, or (2) while | ||||||
25 | the
applicant is actively participating in a pension fund or | ||||||
26 | retirement
system which is a participating system under the |
| |||||||
| |||||||
1 | Retirement Systems
Reciprocal Act. A participating employee or | ||||||
2 | other applicant shall not be
entitled to credits or creditable | ||||||
3 | service unless the required employee
contributions are made in | ||||||
4 | a lump sum or in installments made in accordance
with board | ||||||
5 | rule. Payments made to establish service credit under | ||||||
6 | paragraph 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this | ||||||
7 | Section must be received by the Board while the applicant is an | ||||||
8 | active participant in the Fund or a reciprocal retirement | ||||||
9 | system, except that an applicant may make one payment after | ||||||
10 | termination of active participation in the Fund or a | ||||||
11 | reciprocal retirement system. | ||||||
12 | (d) Upon the granting of a retirement, surviving spouse or | ||||||
13 | child
annuity, a death benefit or a separation benefit, on | ||||||
14 | account of any
employee, all individual accumulated credits | ||||||
15 | shall thereupon terminate.
Upon the withdrawal of additional | ||||||
16 | contributions, the credits applicable
thereto shall thereupon | ||||||
17 | terminate. Terminated credits shall not be applied
to increase | ||||||
18 | the benefits any remaining employee would otherwise receive | ||||||
19 | under
this Article.
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20 | (Source: P.A. 100-148, eff. 8-18-17; 101-492, eff. 8-23-19.)
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21 | Section 90. The State Mandates Act is amended by adding | ||||||
22 | Section 8.47 as follows:
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23 | (30 ILCS 805/8.47 new) | ||||||
24 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and |
| |||||||
| |||||||
1 | 8 of this Act, no reimbursement by the State is required for | ||||||
2 | the implementation of any mandate created by this amendatory | ||||||
3 | Act of the 103rd General Assembly.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|