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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 | Sections 8-226 and 11-215 as follows:
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| 6 | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
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| 7 | Sec. 8-226. Computation of service.
In computing the term | ||||||||||||||||||||||||||
| 8 | of service of an employee prior to the effective
date, the | ||||||||||||||||||||||||||
| 9 | entire period beginning on the date he was first appointed and
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| 10 | ending on the day before the effective date, except any | ||||||||||||||||||||||||||
| 11 | intervening period
during which he was separated by withdrawal | ||||||||||||||||||||||||||
| 12 | from service, shall be counted
for all purposes of this | ||||||||||||||||||||||||||
| 13 | Article, except that for any employee who was not
in service on | ||||||||||||||||||||||||||
| 14 | the day before the effective date, service rendered prior to
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| 15 | such date shall not be considered for the purposes of Section | ||||||||||||||||||||||||||
| 16 | 8-138.
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| 17 | For a person employed by an employer for whom this Article | ||||||||||||||||||||||||||
| 18 | was in effect
prior to January 1, 1950, from whose salary | ||||||||||||||||||||||||||
| 19 | deductions are first made under
this Article after December 31, | ||||||||||||||||||||||||||
| 20 | 1949, any period of service rendered prior
to the effective | ||||||||||||||||||||||||||
| 21 | date, unless he was in service on the day before the
effective | ||||||||||||||||||||||||||
| 22 | date, shall not be counted as service.
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| 23 | The time a person was an employee of any territory annexed | ||||||||||||||||||||||||||
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| 1 | to the city
prior to the effective date shall be counted as a | ||||||
| 2 | period of service.
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| 3 | In computing the term of service of any employee subsequent | ||||||
| 4 | to the day
before the effective date, the following periods | ||||||
| 5 | shall be counted as
periods of service for age and service, | ||||||
| 6 | widow's and child's annuity
purposes:
| ||||||
| 7 | (a) The time during which he performed the duties of | ||||||
| 8 | his position;
| ||||||
| 9 | (b) Vacations, leaves of absence with whole or part | ||||||
| 10 | pay, and leaves of
absence without pay not longer than 90 | ||||||
| 11 | days;
| ||||||
| 12 | (c) Leaves of absence without pay during which a | ||||||
| 13 | participant is
employed full-time by a local labor | ||||||
| 14 | organization that represents municipal employees,
provided | ||||||
| 15 | that (1) the participant continues to make employee | ||||||
| 16 | contributions
to the Fund as though he were an active | ||||||
| 17 | employee, based on the regular
salary rate received by the | ||||||
| 18 | participant
for his municipal employment immediately prior | ||||||
| 19 | to such leave of absence
(and in the case of such | ||||||
| 20 | employment prior to December 9, 1987, pays
to the Fund an | ||||||
| 21 | amount equal
to the employee contributions for such | ||||||
| 22 | employment plus regular interest
thereon as calculated by | ||||||
| 23 | the board),
and based on his current salary with such labor | ||||||
| 24 | organization after the
effective date of this amendatory | ||||||
| 25 | Act of 1991,
(2) after January 1, 1989 the participant, or | ||||||
| 26 | the labor organization on the
participant's behalf, makes | ||||||
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| 1 | contributions to the Fund as though it were the
employer, | ||||||
| 2 | in the same amount and same manner as specified under this
| ||||||
| 3 | Article, based on the regular salary rate received by the | ||||||
| 4 | participant for
his municipal employment immediately prior | ||||||
| 5 | to such leave of absence, and
based on his current salary | ||||||
| 6 | with such labor organization after the effective
date of | ||||||
| 7 | this amendatory Act of 1991, and (3) the participant does | ||||||
| 8 | not receive
credit in any pension plan established by the | ||||||
| 9 | local labor organization based on
his employment by the | ||||||
| 10 | organization, including, but not limited to, pension plans | ||||||
| 11 | established by the local labor organization, the national | ||||||
| 12 | labor organization, or the international labor | ||||||
| 13 | organization;
| ||||||
| 14 | (d) Any period of disability for which he received (i) | ||||||
| 15 | a disability
benefit under this Article, or (ii) a | ||||||
| 16 | temporary total disability benefit
under the Workers' | ||||||
| 17 | Compensation Act if the disability results from a
condition | ||||||
| 18 | commonly termed heart attack or stroke or any other | ||||||
| 19 | condition
falling within the broad field of coronary | ||||||
| 20 | involvement or heart disease,
or (iii) whole or part pay;
| ||||||
| 21 | (e) Any period for which contributions and service | ||||||
| 22 | credit have been
transferred to this Fund under subsection | ||||||
| 23 | (d) of Section 9-121.1 or
subsection (d) of Section | ||||||
| 24 | 12-127.1 of this Code.
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| 25 | For a person employed by an employer in which the 1921 Act | ||||||
| 26 | was in effect
prior to January 1, 1950, from whose salary | ||||||
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| |||||||
| 1 | deductions are first made under
the 1921 Act or this Article | ||||||
| 2 | after December 31, 1949, any period of service
rendered | ||||||
| 3 | subsequent to the effective date and prior to the date he | ||||||
| 4 | became
an employee and contributor, shall not be counted as a | ||||||
| 5 | period of service
under this Article,
except such period for | ||||||
| 6 | which he made payment as
provided in Section 8-230 of this | ||||||
| 7 | Article, in which case such period shall
be counted as a period | ||||||
| 8 | of service for all annuity purposes hereunder.
| ||||||
| 9 | In computing the term of service of an employee subsequent | ||||||
| 10 | to the day
before the effective date for ordinary disability | ||||||
| 11 | benefit purposes, all
periods described in the preceding | ||||||
| 12 | paragraph, except any such period for
which he receives | ||||||
| 13 | ordinary disability benefit, shall be counted as periods
of | ||||||
| 14 | service; provided, that for any person employed by an employer | ||||||
| 15 | in which
this Article was in effect prior to January 1, 1950, | ||||||
| 16 | from whose salary
deductions are first made under this Article | ||||||
| 17 | after December 31, 1949, any
period of service rendered | ||||||
| 18 | subsequent to the effective date and prior to
the date he | ||||||
| 19 | became an employee and contributor, shall not be counted as a
| ||||||
| 20 | period of service for ordinary disability benefit purposes, | ||||||
| 21 | unless the person
made payment for the period as provided in | ||||||
| 22 | Section 8-230 of this Article, in
which case the period shall | ||||||
| 23 | be counted as a period of service for ordinary
disability | ||||||
| 24 | purposes for periods of disability on or after the effective | ||||||
| 25 | date of
this amendatory Act of 1997.
| ||||||
| 26 | Overtime or extra service shall not be included in | ||||||
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| 1 | computing any term of
service. Not more than 1 year of service | ||||||
| 2 | shall be allowed for service
rendered during any calendar year.
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| 3 | (Source: P.A. 90-511, eff. 8-22-97.)
| ||||||
| 4 | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| ||||||
| 5 | Sec. 11-215. Computation of service.
| ||||||
| 6 | (a) In computing the term of service of an employee prior | ||||||
| 7 | to the effective
date, the entire period beginning on the date | ||||||
| 8 | he was first appointed and ending
on the day before the | ||||||
| 9 | effective date, except any intervening period during
which he | ||||||
| 10 | was separated by withdrawal from service, shall be counted for | ||||||
| 11 | all
purposes of this Article. Only the first year of each | ||||||
| 12 | period of lay-off or
leave of absence without pay, continuing | ||||||
| 13 | or extending for a period in excess
of one year, shall be | ||||||
| 14 | counted as such service.
| ||||||
| 15 | (b) For a person employed by an employer for whom this | ||||||
| 16 | Article was in effect
prior to August 1, 1949, from whose | ||||||
| 17 | salary deductions are first made under
this Article after July | ||||||
| 18 | 31, 1949, any period of service rendered prior to
the effective | ||||||
| 19 | date, unless he was in service on the day before the
effective | ||||||
| 20 | date, shall not be counted as service.
| ||||||
| 21 | (c) In computing the term of service of an employee | ||||||
| 22 | subsequent to the day
before the effective date, the following | ||||||
| 23 | periods of time shall be counted
as periods of service for | ||||||
| 24 | annuity purposes:
| ||||||
| 25 | (1) the time during which he performed the duties of | ||||||
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| |||||||
| 1 | his position;
| ||||||
| 2 | (2) leaves of absence with whole or part pay, and | ||||||
| 3 | leaves of absence
without pay not longer than 90 days;
| ||||||
| 4 | (3) leaves of absence without pay during which a | ||||||
| 5 | participant is
employed full-time by a local labor | ||||||
| 6 | organization that represents municipal
employees, provided | ||||||
| 7 | that (A) the participant continues to make employee
| ||||||
| 8 | contributions to the Fund as though he were an active | ||||||
| 9 | employee, based
on the regular salary rate received by the
| ||||||
| 10 | participant for his municipal employment immediately prior | ||||||
| 11 | to such leave of
absence (and in the case of such | ||||||
| 12 | employment prior to December 9, 1987,
pays to the Fund an | ||||||
| 13 | amount equal to the employee contributions for such
| ||||||
| 14 | employment plus regular interest thereon as calculated by | ||||||
| 15 | the board), and
based on his current salary with such labor | ||||||
| 16 | organization after the
effective date of this amendatory | ||||||
| 17 | Act of 1991, (B) after January 1, 1989
the participant, or | ||||||
| 18 | the labor organization on the participant's behalf,
makes | ||||||
| 19 | contributions to the Fund as though it were the employer, | ||||||
| 20 | in the same
amount and same manner as specified under this | ||||||
| 21 | Article, based on the
regular salary rate received by the | ||||||
| 22 | participant for his municipal
employment immediately prior | ||||||
| 23 | to such leave of absence, and
based on his current salary | ||||||
| 24 | with such labor organization after the
effective date of | ||||||
| 25 | this amendatory Act of 1991, and (C)
the participant does
| ||||||
| 26 | not receive credit in any pension plan established by the | ||||||
| |||||||
| |||||||
| 1 | local labor
organization based on his employment by the | ||||||
| 2 | organization, including, but not limited to, pension plans | ||||||
| 3 | established by the local labor organization, the national | ||||||
| 4 | labor organization, or the international labor | ||||||
| 5 | organization;
| ||||||
| 6 | (4) any period of disability for which he received (i) | ||||||
| 7 | a disability
benefit under this Article, or (ii) a | ||||||
| 8 | temporary total disability benefit
under the Workers' | ||||||
| 9 | Compensation Act if the disability results from a
condition | ||||||
| 10 | commonly termed heart attack or stroke or any other | ||||||
| 11 | condition
falling within the broad field of coronary | ||||||
| 12 | involvement or heart disease,
or (iii) whole or part pay.
| ||||||
| 13 | (d) For a person employed by an employer, or the retirement | ||||||
| 14 | board, in which
"The 1935 Act" was in effect prior to August 1, | ||||||
| 15 | 1949, from whose salary
deductions are first made under "The | ||||||
| 16 | 1935 Act" or this Article after July
31, 1949, any period of | ||||||
| 17 | service rendered subsequent to the effective date
and prior to | ||||||
| 18 | August 1, 1949, shall not be counted as a period of service
| ||||||
| 19 | under this Article, except such period for which he made | ||||||
| 20 | payment, as
provided in Section 11-221 of this Article, in | ||||||
| 21 | which case such period
shall be counted as a period of service | ||||||
| 22 | for all annuity purposes hereunder.
| ||||||
| 23 | (e) In computing the term of service of an employee | ||||||
| 24 | subsequent to the day
before the effective date for ordinary | ||||||
| 25 | disability benefit purposes, the
following periods of time | ||||||
| 26 | shall be counted as periods of service:
| ||||||
| |||||||
| |||||||
| 1 | (1) any period during which he performed the duties of | ||||||
| 2 | his position;
| ||||||
| 3 | (2) leaves of absence with whole or part pay;
| ||||||
| 4 | (3) any period of disability for which he received (i)
| ||||||
| 5 | a duty disability benefit under this Article, or (ii) a | ||||||
| 6 | temporary total
disability benefit under the Workers' | ||||||
| 7 | Compensation Act if the disability
results from a condition | ||||||
| 8 | commonly termed heart attack or stroke or any
other | ||||||
| 9 | condition falling within the broad field of coronary | ||||||
| 10 | involvement or
heart disease, or (iii) whole or part pay.
| ||||||
| 11 | However, any period of service rendered by an employee | ||||||
| 12 | contributor prior to
the date he became a contributor to the | ||||||
| 13 | fund shall not be counted as a
period of service for ordinary | ||||||
| 14 | disability purposes, unless the person
made payment for the | ||||||
| 15 | period as provided in Section 11-221 of this Article, in
which | ||||||
| 16 | case the period shall be counted as a period of service for | ||||||
| 17 | ordinary
disability purposes for periods of disability on or | ||||||
| 18 | after the effective date of
this amendatory Act of 1997.
| ||||||
| 19 | Overtime or extra service shall not be included in | ||||||
| 20 | computing any term of
service. Not more than 1 year of service | ||||||
| 21 | shall be allowed for service
rendered during any calendar year.
| ||||||
| 22 | (Source: P.A. 90-511, eff. 8-22-97.)
| ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.
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