§ 9-220

(Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional) Sec. 9-220. Basis of service credit. (a) In computing the period of service of any employee for annuity purposes under Section 9-134, the following provisions shall govern: (1) All periods prior to the effective date shall be computed in accordance with the provisions governing the computation of such service. (2) Service on or after the effective date shall include: (i) The actual period of time the employee contributes or has contributed to the fund for service rendered to age 65 plus the actual period of time after age 65 for which the employee performs the duties of his position or performs such duties and is given a county contribution for age and service annuity or minimum annuity purposes. (ii) Leaves of absence from duty, or vacation, for which an employee receives all or part of his salary. (iii) For a person who first becomes an employee before the effective date of this amendatory Act of the 98th General Assembly, accumulated vacation or other time for which an employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity. (iv) For a person who first becomes an employee before the effective date of this amendatory Act of the 98th General Assembly, accumulated sick leave as of the date of the employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity. (v) Periods during which the employee has had contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II. (vi) Periods during which the employee receives a disability benefit under this Article. (vii) For any person who first becomes a member on or after January 1, 2011, the actual period of time the employee contributes or has contributed to the fund for service rendered up to the limitation on salary in subsection (b-5) of Section 1-160 plus the actual period of time thereafter for which the employee performs the duties of his position and ceased contributing due to the salary limitation in subsection (b-5) of Section 1-160. (3) The right to have certain periods of time considered as service as stated in paragraph (2) of Section 9-164 shall not apply for annuity purposes unless the refunds shall have been repaid in accordance with this Article. (4) All service shall be computed in whole calendar months, and at least 15 days of service in any one calendar month shall constitute one calendar month of service, and 1 year of service shall be equal to the number of months, days or hours for which an appropriation was made in the annual appropriation ordinance for the position held by the employee. (5) Unused sick or vacation time shall not be used to compute the service of an employee who first becomes an employee on or after the effective date of this amendatory Act of the 98th General Assembly. (b) For all other annuity purposes of this Article the following schedule shall govern the computation of a year of service of an employee whose salary or wages is on the basis stated, and any fractional part of a year of service shall be determined according to said schedule: Annual or Monthly Basis: Service during 4 months in any 1 calendar year; Weekly Basis: Service during any 17 weeks of any 1 calendar year, and service during any week shall constitute a week of service; Daily Basis: Service during 100 days in any 1 calendar year, and service during any day shall constitute a day of service; Hourly Basis: Service during 800 hours in any 1 calendar year, and service during any hour shall constitute an hour of service. (Source: P.A. 98-599, eff. 6-1-14 .) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional) Sec. 9-220. Basis of service credit. (a) In computing the period of service of any employee for annuity purposes under Section 9-134, the following provisions shall govern: (1) All periods prior to the effective date shall be computed in accordance with the provisions governing the computation of such service. (2) Service on or after the effective date shall include: (i) The actual period of time the employee contributes or has contributed to the fund for service rendered to age 65 plus the actual period of time after age 65 for which the employee performs the duties of his position or performs such duties and is given a county contribution for age and service annuity or minimum annuity purposes. (ii) Leaves of absence from duty, or vacation, for which an employee receives all or part of his salary. (iii) Accumulated vacation or other time for which an employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity. (iv) Accumulated sick leave as of the date of the employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity. (v) Periods during which the employee has had contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II. (vi) Periods during which the employee receives a disability benefit under this Article. (vii) For any person who first becomes a member on or after January 1, 2011, the actual period of time the employee contributes or has contributed to the fund for service rendered up to the limitation on salary in subsection (b-5) of Section 1-160 plus the actual period of time thereafter for which the employee performs the duties of his position and ceased contributing due to the salary limitation in subsection (b-5) of Section 1-160. (3) The right to have certain periods of time considered as service as stated in paragraph (2) of Section 9-164 shall not apply for annuity purposes unless the refunds shall have been repaid in accordance with this Article. (4) All service shall be computed in whole calendar months, and at least 15 days of service in any one calendar month shall constitute one calendar month of service, and 1 year of service shall be equal to the number of months, days or hours for which an appropriation was made in the annual appropriation ordinance for the position held by the employee. (b) For all other annuity purposes of this Article the following schedule shall govern the computation of a year of service of an employee whose salary or wages is on the basis stated, and any fractional part of a year of service shall be determined according to said schedule: Annual or Monthly Basis: Service during 4 months in any 1 calendar year; Weekly Basis: Service during any 17 weeks of any 1 calendar year, and service during any week shall constitute a week of service; Daily Basis: Service during 100 days in any 1 calendar year, and service during any day shall constitute a day of service; Hourly Basis: Service during 800 hours in any 1 calendar year, and service during any hour shall constitute an hour of service.

Legislative History

(Source: P.A. 96-1490, eff. 1-1-11.)