Bill Text: IL SB2211 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that a current or former elected or appointed official of a participating municipality who first becomes a participating employee on or after the effective date of the amendatory Act may establish credit for no more than 30 days of service as an official of that municipality under a provision concerning retroactive service. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB2211 Detail]
Download: Illinois-2021-SB2211-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| ||||||||||||||||||||||||
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 | ||||||||||||||||||||||||
5 | changing Section 7-139 as follows:
| ||||||||||||||||||||||||
6 | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| ||||||||||||||||||||||||
7 | Sec. 7-139. Credits and creditable service to employees.
| ||||||||||||||||||||||||
8 | (a) Each participating employee shall be granted credits | ||||||||||||||||||||||||
9 | and creditable
service, for purposes of determining the amount | ||||||||||||||||||||||||
10 | of any annuity or benefit
to which he or a beneficiary is | ||||||||||||||||||||||||
11 | entitled, as follows:
| ||||||||||||||||||||||||
12 | 1. For prior service: Each participating employee who | ||||||||||||||||||||||||
13 | is an employee
of a participating municipality or | ||||||||||||||||||||||||
14 | participating instrumentality on the
effective date shall | ||||||||||||||||||||||||
15 | be granted creditable service, but no credits under
| ||||||||||||||||||||||||
16 | paragraph 2 of this subsection (a), for periods of prior | ||||||||||||||||||||||||
17 | service for which
credit has not been received under any | ||||||||||||||||||||||||
18 | other pension fund or retirement system
established under | ||||||||||||||||||||||||
19 | this Code, as follows:
| ||||||||||||||||||||||||
20 | If the effective date of participation for the | ||||||||||||||||||||||||
21 | participating municipality
or participating | ||||||||||||||||||||||||
22 | instrumentality is on or before January 1, 1998, | ||||||||||||||||||||||||
23 | creditable
service shall be granted for the entire period |
| |||||||
| |||||||
1 | of prior service with that
employer without any employee | ||||||
2 | contribution.
| ||||||
3 | If the effective date of participation for the | ||||||
4 | participating municipality
or participating | ||||||
5 | instrumentality is after January 1, 1998, creditable
| ||||||
6 | service shall be granted for the last 20% of the period of | ||||||
7 | prior service with
that employer, but no more than 5 | ||||||
8 | years, without any employee contribution. A
participating | ||||||
9 | employee may establish creditable service for the | ||||||
10 | remainder of
the period of prior service with that | ||||||
11 | employer by making an application in
writing, accompanied | ||||||
12 | by payment of an employee contribution in an
amount | ||||||
13 | determined by the Fund, based on the employee contribution | ||||||
14 | rates in
effect at the time of application for the | ||||||
15 | creditable service and the employee's
salary rate on the | ||||||
16 | effective date of participation for that employer, plus
| ||||||
17 | interest at the effective rate from the date of the prior | ||||||
18 | service to the date
of payment. Application for this | ||||||
19 | creditable service may be made at any time
while the | ||||||
20 | employee is still in service.
| ||||||
21 | A municipality that (i) has at least 35 employees; | ||||||
22 | (ii) is located in a county with at least 2,000,000 | ||||||
23 | inhabitants; and (iii) maintains an independent defined | ||||||
24 | benefit pension plan for the benefit of its eligible | ||||||
25 | employees may restrict creditable service in whole or in | ||||||
26 | part for periods of prior service with the employer if the |
| |||||||
| |||||||
1 | governing body of the municipality adopts an irrevocable | ||||||
2 | resolution to restrict that creditable service and files | ||||||
3 | the resolution with the board before the municipality's | ||||||
4 | effective date of participation.
| ||||||
5 | Any person who has withdrawn from the service of a | ||||||
6 | participating
municipality
or participating | ||||||
7 | instrumentality prior to the effective date, who reenters
| ||||||
8 | the service of the same municipality or participating | ||||||
9 | instrumentality after
the effective date and becomes a | ||||||
10 | participating employee is entitled to
creditable service | ||||||
11 | for prior service as otherwise provided in this
| ||||||
12 | subdivision (a)(1) only if he or she renders 2 years of | ||||||
13 | service as a
participating employee after the effective | ||||||
14 | date. Application
for such service must be made while in a | ||||||
15 | participating status.
The salary rate to be used in the | ||||||
16 | calculation of the required employee
contribution, if any, | ||||||
17 | shall be the employee's salary rate at the time of first
| ||||||
18 | reentering service with the employer after the employer's | ||||||
19 | effective date of
participation.
| ||||||
20 | 2. For current service, each participating employee | ||||||
21 | shall be
credited with:
| ||||||
22 | a. Additional credits of amounts equal to each | ||||||
23 | payment of additional
contributions received from him | ||||||
24 | under Section 7-173, as of the
date the corresponding | ||||||
25 | payment of earnings is payable to him.
| ||||||
26 | b. Normal credits of amounts equal to each payment |
| |||||||
| |||||||
1 | of normal
contributions received from him, as of the | ||||||
2 | date the corresponding payment of
earnings is payable | ||||||
3 | to him, and normal contributions made for the purpose | ||||||
4 | of
establishing out-of-state service credits as | ||||||
5 | permitted under the conditions set
forth in paragraph | ||||||
6 | 6 of this subsection (a).
| ||||||
7 | c. Municipality credits in an amount equal to 1.4 | ||||||
8 | times the normal
credits, except those established by | ||||||
9 | out-of-state service credits, as of
the date of | ||||||
10 | computation of any benefit if these credits would | ||||||
11 | increase
the benefit.
| ||||||
12 | d. Survivor credits equal to each payment of | ||||||
13 | survivor contributions
received from the participating | ||||||
14 | employee as of the date the
corresponding payment of | ||||||
15 | earnings is payable, and survivor contributions made
| ||||||
16 | for the purpose of establishing out-of-state service | ||||||
17 | credits.
| ||||||
18 | 3. For periods of temporary and total and permanent | ||||||
19 | disability
benefits, each employee receiving disability | ||||||
20 | benefits shall be granted
creditable service for the | ||||||
21 | period during which disability benefits are
payable. | ||||||
22 | Normal and survivor credits, based upon the rate of | ||||||
23 | earnings
applied for disability benefits, shall also be | ||||||
24 | granted if such credits
would result in a higher benefit | ||||||
25 | to any such employee or his
beneficiary.
| ||||||
26 | 4. For authorized leave of absence without pay: A |
| |||||||
| |||||||
1 | participating
employee shall be granted credits and | ||||||
2 | creditable service for periods of
authorized leave of | ||||||
3 | absence without pay under the following
conditions:
| ||||||
4 | a. An application for credits and creditable | ||||||
5 | service is submitted to the
board while the employee | ||||||
6 | is in a status of
active employment.
| ||||||
7 | b. Not more than 12 complete months of creditable | ||||||
8 | service
for authorized leave of absence without pay | ||||||
9 | shall be counted for purposes of
determining any | ||||||
10 | benefits payable under this Article.
| ||||||
11 | c. Credits and creditable service shall be granted | ||||||
12 | for leave of
absence only if such leave is approved by | ||||||
13 | the governing body of the
municipality, including | ||||||
14 | approval of the estimated cost thereof to the
| ||||||
15 | municipality as determined by the fund, and employee | ||||||
16 | contributions, plus
interest at the effective rate | ||||||
17 | applicable for each year from the end of
the period of | ||||||
18 | leave to date of payment, have been paid to the fund in
| ||||||
19 | accordance with Section 7-173. The contributions shall | ||||||
20 | be computed upon the
assumption earnings continued | ||||||
21 | during the period of leave at the rate in
effect when | ||||||
22 | the leave began.
| ||||||
23 | d. Benefits under the provisions of Sections | ||||||
24 | 7-141, 7-146, 7-150
and 7-163 shall become payable to | ||||||
25 | employees on authorized leave of
absence, or their | ||||||
26 | designated beneficiary, only if such leave of absence
|
| |||||||
| |||||||
1 | is creditable hereunder, and if the employee has at | ||||||
2 | least one year of
creditable service other than the | ||||||
3 | service granted for leave of absence.
Any employee | ||||||
4 | contributions due may be deducted from any benefits
| ||||||
5 | payable.
| ||||||
6 | e. No credits or creditable service shall be | ||||||
7 | allowed for leave of
absence without pay during any | ||||||
8 | period of prior service.
| ||||||
9 | 5. For military service: The governing body of a | ||||||
10 | municipality or
participating instrumentality may elect to | ||||||
11 | allow creditable service to
participating employees who | ||||||
12 | leave their employment to serve in the armed
forces of the | ||||||
13 | United States for all periods of such service, provided
| ||||||
14 | that the person returns to active employment within 90 | ||||||
15 | days after
completion
of full time active duty, but no | ||||||
16 | creditable service shall be allowed such
person for any | ||||||
17 | period that can be used in the computation of a pension
or | ||||||
18 | any other pay or benefit, other than pay for active duty, | ||||||
19 | for service
in any branch of the armed forces of the United | ||||||
20 | States. If necessary to
the computation of any benefit, | ||||||
21 | the board shall establish municipality
credits for | ||||||
22 | participating employees under this paragraph on the
| ||||||
23 | assumption that the employee received earnings at the rate | ||||||
24 | received at
the time he left the employment to enter the | ||||||
25 | armed forces. A
participating employee in the armed forces | ||||||
26 | shall not be considered an
employee during such period of |
| |||||||
| |||||||
1 | service and no additional death and no
disability benefits | ||||||
2 | are payable for death or disability during such period.
| ||||||
3 | Any participating employee who left his employment | ||||||
4 | with a
municipality or participating instrumentality to | ||||||
5 | serve in the armed
forces of the United States and who | ||||||
6 | again became a participating
employee within 90 days after | ||||||
7 | completion of full time active duty by
entering the | ||||||
8 | service of a different municipality or participating
| ||||||
9 | instrumentality, which has elected to allow creditable | ||||||
10 | service for
periods of military service under the | ||||||
11 | preceding paragraph, shall also be
allowed creditable | ||||||
12 | service for his period of military service on the
same | ||||||
13 | terms that would apply if he had been employed, before | ||||||
14 | entering
military service, by the municipality or | ||||||
15 | instrumentality which employed
him after he left the | ||||||
16 | military service and the employer costs arising in
| ||||||
17 | relation to such grant of creditable service shall be | ||||||
18 | charged to and
paid by that municipality or | ||||||
19 | instrumentality.
| ||||||
20 | Notwithstanding the foregoing, any participating | ||||||
21 | employee
shall be entitled to creditable service as | ||||||
22 | required by any federal law
relating to re-employment | ||||||
23 | rights of persons who served in the United States
Armed | ||||||
24 | Services. Such creditable service shall be granted upon | ||||||
25 | payment by
the member of an amount equal to the employee | ||||||
26 | contributions which would
have been required had the |
| |||||||
| |||||||
1 | employee continued in service at the same
rate of earnings | ||||||
2 | during the military leave period, plus interest at
the | ||||||
3 | effective rate.
| ||||||
4 | 5.1. In addition to any creditable service established | ||||||
5 | under
paragraph 5 of this subsection (a), creditable | ||||||
6 | service may be granted for
up to 48 months of service in | ||||||
7 | the armed forces of the United States.
| ||||||
8 | In order to receive creditable service for military | ||||||
9 | service under this
paragraph 5.1, a participating employee | ||||||
10 | must (1) apply to the Fund
in writing and provide evidence | ||||||
11 | of the military service that is satisfactory
to the Board; | ||||||
12 | (2) obtain the written approval of the current employer; | ||||||
13 | and (3)
make contributions to the Fund equal to (i)
the | ||||||
14 | employee contributions that would have been required had | ||||||
15 | the service been
rendered as a member, plus (ii) an amount | ||||||
16 | determined by the board to be equal
to the employer's | ||||||
17 | normal cost of the benefits accrued for that military
| ||||||
18 | service, plus (iii) interest on items (i) and (ii) from | ||||||
19 | the date of first
membership in the Fund to the date of | ||||||
20 | payment. The required interest shall be
calculated at the | ||||||
21 | regular interest rate.
| ||||||
22 | The changes made to this paragraph 5.1 by Public Acts | ||||||
23 | 95-483 and 95-486
apply only to participating employees in | ||||||
24 | service on or after August 28, 2007 (the effective date of | ||||||
25 | those Public Acts).
| ||||||
26 | 6. For out-of-state service: Creditable service shall |
| |||||||
| |||||||
1 | be granted for
service rendered to an out-of-state local | ||||||
2 | governmental body under the
following conditions: The | ||||||
3 | employee had participated and has irrevocably
forfeited | ||||||
4 | all rights to benefits in the out-of-state public | ||||||
5 | employees
pension system; the governing body of his | ||||||
6 | participating municipality or
instrumentality authorizes | ||||||
7 | the employee to establish such service; the
employee has 2 | ||||||
8 | years current service with this municipality or
| ||||||
9 | participating instrumentality; the employee makes a | ||||||
10 | payment of
contributions, which shall be computed at 8% | ||||||
11 | (normal) plus 2% (survivor)
times length of service | ||||||
12 | purchased times the average rate of earnings for the
first | ||||||
13 | 2
years of service with the municipality or participating
| ||||||
14 | instrumentality whose governing body authorizes the | ||||||
15 | service established
plus interest at the effective rate on | ||||||
16 | the date such credits are
established, payable from the | ||||||
17 | date the employee completes the required 2
years of | ||||||
18 | current service to date of payment. In no case shall more | ||||||
19 | than
120 months of creditable service be granted under | ||||||
20 | this provision.
| ||||||
21 | 7. For retroactive service: Any employee who could | ||||||
22 | have but did not
elect to become a participating employee, | ||||||
23 | or who should have been a
participant in the Municipal | ||||||
24 | Public Utilities Annuity and Benefit Fund
before that fund | ||||||
25 | was superseded, may receive creditable service for the
| ||||||
26 | period of service not to exceed 50 months; however, a |
| |||||||
| |||||||
1 | current or former
elected or appointed official of a | ||||||
2 | participating municipality may establish credit under this | ||||||
3 | paragraph 7 for more than 50
months of service as an | ||||||
4 | official of that municipality, if the excess over 50 | ||||||
5 | months is approved by resolution of the
governing body of | ||||||
6 | the affected municipality filed with
the Fund before | ||||||
7 | January 1, 2002.
| ||||||
8 | A current or former elected or appointed official of a | ||||||
9 | participating municipality who first becomes a | ||||||
10 | participating employee under this Article on or after the | ||||||
11 | effective date of this amendatory Act of the 102nd General | ||||||
12 | Assembly may establish credit under this paragraph 7 for | ||||||
13 | no more than 30 days of service as an official of that | ||||||
14 | municipality. | ||||||
15 | Any employee who is a
participating employee on or | ||||||
16 | after September 24, 1981 and who was
excluded from | ||||||
17 | participation by the age restrictions removed by Public | ||||||
18 | Act
82-596 may receive creditable service for the period, | ||||||
19 | on or after January
1, 1979, excluded by the age | ||||||
20 | restriction and, in addition, if the governing
body of the | ||||||
21 | participating municipality or participating | ||||||
22 | instrumentality elects
to allow creditable service for all | ||||||
23 | employees excluded by the age restriction
prior to January | ||||||
24 | 1, 1979, for service during the period prior to that date
| ||||||
25 | excluded by the age restriction. Any employee who was | ||||||
26 | excluded from
participation by the age restriction removed |
| |||||||
| |||||||
1 | by Public Act 82-596 and who is
not a participating | ||||||
2 | employee on or after September 24, 1981 may receive
| ||||||
3 | creditable service for service after January 1,
1979. | ||||||
4 | Creditable service under this paragraph
shall be granted | ||||||
5 | upon payment of the employee contributions
which would | ||||||
6 | have been required had he participated, with interest at | ||||||
7 | the
effective rate for each year from the end of the period | ||||||
8 | of service
established to date of payment.
| ||||||
9 | 8. For accumulated unused sick leave: A participating | ||||||
10 | employee who is
applying for a retirement annuity shall be | ||||||
11 | entitled to creditable service
for that portion of the | ||||||
12 | employee's accumulated unused sick leave
for which payment | ||||||
13 | is not received, as follows:
| ||||||
14 | a. Sick leave days shall be limited to those | ||||||
15 | accumulated under a sick
leave plan established by a | ||||||
16 | participating municipality or participating
| ||||||
17 | instrumentality which is available to all employees or | ||||||
18 | a class of employees.
| ||||||
19 | b. Except as provided in item b-1, only sick leave | ||||||
20 | days accumulated with a participating municipality or
| ||||||
21 | participating instrumentality with which the employee | ||||||
22 | was in service within
60 days of the effective date of | ||||||
23 | his retirement annuity shall be credited;
If the | ||||||
24 | employee was in service with more than one employer | ||||||
25 | during this
period only the sick leave days with the | ||||||
26 | employer with which the employee
has the greatest |
| |||||||
| |||||||
1 | number of unpaid sick leave days shall be considered.
| ||||||
2 | b-1. If the employee was in the service of more | ||||||
3 | than one employer as defined in item (2) of paragraph | ||||||
4 | (a) of subsection (A) of Section 7-132, then the sick | ||||||
5 | leave days from all such employers shall be credited, | ||||||
6 | as long as the creditable service attributed to those | ||||||
7 | sick leave days does not exceed the limitation in item | ||||||
8 | d of this paragraph 8. If the employee was in the | ||||||
9 | service of more than one employer described in | ||||||
10 | paragraph (c) of subsection (B) of Section 7-132 on or | ||||||
11 | after the effective date of this amendatory Act of the | ||||||
12 | 101st General Assembly, then the sick leave days from | ||||||
13 | all such employers, except for employers from which | ||||||
14 | the employee terminated service before the effective | ||||||
15 | date of this amendatory Act of the 101st General | ||||||
16 | Assembly, shall be credited, as long as the creditable | ||||||
17 | service attributed to those sick leave days does not | ||||||
18 | exceed the limitation in item d of this paragraph 8. In | ||||||
19 | calculating the creditable service under this item | ||||||
20 | b-1, the sick leave days from the last employer shall | ||||||
21 | be considered first, then the remaining sick leave | ||||||
22 | days shall be considered until there are no more days | ||||||
23 | or the maximum creditable sick leave threshold under | ||||||
24 | item d of this paragraph 8 has been reached. | ||||||
25 | c. The creditable service granted shall be | ||||||
26 | considered solely for the
purpose of computing the |
| |||||||
| |||||||
1 | amount of the retirement annuity and shall not be
used | ||||||
2 | to establish any minimum service period required by | ||||||
3 | any provision of the
Illinois Pension Code, the | ||||||
4 | effective date of the retirement annuity, or the
final | ||||||
5 | rate of earnings.
| ||||||
6 | d. The creditable service shall be at the rate of | ||||||
7 | 1/20 of a month for
each full sick day, provided that | ||||||
8 | no more than 12 months may be credited
under this | ||||||
9 | subdivision 8.
| ||||||
10 | e. Employee contributions shall not be required | ||||||
11 | for creditable service
under this subdivision 8.
| ||||||
12 | f. Each participating municipality and | ||||||
13 | participating instrumentality
with which an employee | ||||||
14 | has service within 60 days of the effective date of
his | ||||||
15 | retirement annuity shall certify to the board the | ||||||
16 | number of accumulated
unpaid sick leave days credited | ||||||
17 | to the employee at the time of termination
of service.
| ||||||
18 | 9. For service transferred from another system: | ||||||
19 | Credits and
creditable service shall be granted for | ||||||
20 | service under Article 4, 5, 8, 14,
or 16 of this Act, to | ||||||
21 | any active member of this Fund, and to any
inactive member | ||||||
22 | who has been a county sheriff, upon
transfer of such | ||||||
23 | credits pursuant to Section 4-108.3, 5-235,
8-226.7,
| ||||||
24 | 14-105.6, or 16-131.4, and payment by the member of the | ||||||
25 | amount by
which (1) the employer and employee | ||||||
26 | contributions that would have been required
if he had |
| |||||||
| |||||||
1 | participated in this Fund as a sheriff's law enforcement | ||||||
2 | employee
during the period for which credit is
being | ||||||
3 | transferred, plus interest thereon at the effective rate | ||||||
4 | for each
year, compounded annually, from the date of | ||||||
5 | termination of the service for
which credit is being | ||||||
6 | transferred to the date of payment, exceeds (2) the
amount | ||||||
7 | actually transferred to the Fund.
Such transferred service | ||||||
8 | shall be deemed to be service as a sheriff's law
| ||||||
9 | enforcement employee for the purposes of Section 7-142.1.
| ||||||
10 | 10. (Blank).
| ||||||
11 | 11. For service transferred from an Article 3 system | ||||||
12 | under Section 3-110.3: Credits and creditable service | ||||||
13 | shall be granted for service under Article 3 of this Act as | ||||||
14 | provided in Section 3-110.3, to any active member of this | ||||||
15 | Fund, upon transfer of such credits pursuant to Section | ||||||
16 | 3-110.3. If the board determines that the amount | ||||||
17 | transferred is less than the true cost to the Fund of | ||||||
18 | allowing that creditable service to be established, then | ||||||
19 | in order to establish that creditable service, the member | ||||||
20 | must pay to the Fund an additional contribution equal to | ||||||
21 | the difference, as determined by the board in accordance | ||||||
22 | with the rules and procedures adopted under this | ||||||
23 | paragraph. If the member does not make the full additional | ||||||
24 | payment as required by this paragraph prior to termination | ||||||
25 | of his participation with that employer, then his or her | ||||||
26 | creditable service shall be reduced by an amount equal to |
| |||||||
| |||||||
1 | the difference between the amount transferred under | ||||||
2 | Section 3-110.3, including any payments made by the member | ||||||
3 | under this paragraph prior to termination, and the true | ||||||
4 | cost to the Fund of allowing that creditable service to be | ||||||
5 | established, as determined by the board in accordance with | ||||||
6 | the rules and procedures adopted under this paragraph. | ||||||
7 | The board shall establish by rule the manner of making | ||||||
8 | the calculation required under this paragraph 11, taking | ||||||
9 | into account the appropriate actuarial assumptions; the | ||||||
10 | member's service, age, and salary history, and any other | ||||||
11 | factors that the board determines to be relevant. | ||||||
12 | 12. For omitted service: Any employee who was employed | ||||||
13 | by a participating employer in a position that required | ||||||
14 | participation, but who was not enrolled in the Fund, may | ||||||
15 | establish such credits under the following conditions: | ||||||
16 | a. Application for such credits is received by the | ||||||
17 | Board while the employee is an active participant of | ||||||
18 | the Fund or a reciprocal retirement system. | ||||||
19 | b. Eligibility for participation and earnings are | ||||||
20 | verified by the Authorized Agent of the participating | ||||||
21 | employer for which the service was rendered. | ||||||
22 | Creditable service under this paragraph shall be | ||||||
23 | granted upon payment of the employee contributions that | ||||||
24 | would have been required had he participated, which shall | ||||||
25 | be calculated by the Fund using the member contribution | ||||||
26 | rate in effect during the period that the service was |
| |||||||
| |||||||
1 | rendered. | ||||||
2 | (b) Creditable service - amount:
| ||||||
3 | 1. One month of creditable service
shall be allowed | ||||||
4 | for each month for which a participating employee made
| ||||||
5 | contributions as required under Section 7-173, or for | ||||||
6 | which creditable
service is otherwise granted hereunder. | ||||||
7 | Not more than 1 month of
service shall be credited and | ||||||
8 | counted for 1 calendar month, and not more
than 1 year of | ||||||
9 | service shall be credited and counted for any calendar
| ||||||
10 | year. A calendar month means a nominal month beginning on | ||||||
11 | the first day
thereof, and a calendar year means a year | ||||||
12 | beginning January 1 and ending
December 31.
| ||||||
13 | 2. A seasonal employee shall be given 12 months of | ||||||
14 | creditable
service if he renders the number of months of | ||||||
15 | service normally required
by the position in a 12-month | ||||||
16 | period and he remains in service for the
entire 12-month | ||||||
17 | period. Otherwise a fractional year of service in the
| ||||||
18 | number of months of service rendered shall be credited.
| ||||||
19 | 3. An intermittent employee shall be given creditable | ||||||
20 | service for
only those months in which a contribution is | ||||||
21 | made under Section 7-173.
| ||||||
22 | (c) No application for correction of credits or creditable | ||||||
23 | service shall
be considered unless the board receives an | ||||||
24 | application for correction while
(1) the applicant is a | ||||||
25 | participating employee and in active employment
with a | ||||||
26 | participating municipality or instrumentality, or (2) while |
| |||||||
| |||||||
1 | the
applicant is actively participating in a pension fund or | ||||||
2 | retirement
system which is a participating system under the | ||||||
3 | Retirement Systems
Reciprocal Act. A participating employee or | ||||||
4 | other applicant shall not be
entitled to credits or creditable | ||||||
5 | service unless the required employee
contributions are made in | ||||||
6 | a lump sum or in installments made in accordance
with board | ||||||
7 | rule. Payments made to establish service credit under | ||||||
8 | paragraph 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this | ||||||
9 | Section must be received by the Board while the applicant is an | ||||||
10 | active participant in the Fund or a reciprocal retirement | ||||||
11 | system, except that an applicant may make one payment after | ||||||
12 | termination of active participation in the Fund or a | ||||||
13 | reciprocal retirement system. | ||||||
14 | (d) Upon the granting of a retirement, surviving spouse or | ||||||
15 | child
annuity, a death benefit or a separation benefit, on | ||||||
16 | account of any
employee, all individual accumulated credits | ||||||
17 | shall thereupon terminate.
Upon the withdrawal of additional | ||||||
18 | contributions, the credits applicable
thereto shall thereupon | ||||||
19 | terminate. Terminated credits shall not be applied
to increase | ||||||
20 | the benefits any remaining employee would otherwise receive | ||||||
21 | under
this Article.
| ||||||
22 | (Source: P.A. 100-148, eff. 8-18-17; 101-492, eff. 8-23-19.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|