reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.10 - Appointment of Retirement System Coordinator

Current through Register Vol. 48, No. 28, July 12, 2024
a) The head of every department, as defined
			 in the Retirement System Act, shall appoint an individual(s) employed by or
			 assigned to the department to act as "Retirement System Coordinator" for the
			 agency.
b) All Department
			 Certifications required by law or this Part shall be submitted in writing to
			 the Springfield Office of the System on the form prescribed by the Board and
			 shall include the signature of the duly appointed "Retirement System
			 Coordinator" in each agency or his authorized designee as filed in writing with
			 the System.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.20 - Member's Contribution and Service Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The percentage of salary prescribed by the
			 Act governing the System as the rate of member contributions shall be applied
			 against the actual amount of compensation earned and accruing to the member,
			 subject to any statutory limitation on compensation.
b) For the purpose of computing creditable
			 service for members compensated on an hourly or per diem basis the following
			 conversion to calendar days shall be used:
1)
			 Hourly basis
A) For service prior to
			 September 1, 1956, 94 hours shall equal 15 calendar days; 47 hours to 94 hours
			 shall equal 8 calendar days to 15 calendar days; and less than 47 hours shall
			 equal less than 8 calendar days.
B)
			 For service from September 1, 1956 through June 30, 1981, 87 hours shall equal
			 15 calendar days; 44 hours to 87 hours shall equal 8 calendar days to 15
			 calendar days; and less than 44 hours shall equal less than 8 calendar
			 days.
C) For service after June 30,
			 1981, 75 hours shall equal 15 calendar days; 38 hours to 75 hours shall equal 8
			 calendar days to 15 calendar days; and less than 38 hours shall equal less than
			 8 calendar days.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.30 - Determination of Rate of Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
The following schedule is to be used in establishing monthly
				rate of compensation for employees receiving salary payments on an hourly, per
				diem, monthly or part-time basis:
a)
			 For all Service Prior to January 1, 1978
1)
			 Full-Time Hourly Employees:
Prior to September 1, 1956, 187 hours per month shall
				constitute the normal work period for an hourly employee. On and after
				September 1, 1956, 174 hours per month shall constitute the normal work period.
				Should time worked as shown on the payroll indicate that the hours required for
				a position is greater or less than 187 hours per month prior to September 1,
				1956 or 174 hours per month after September 1, 1956, the normal work period
				shall be the number of hours shown for the majority of the months used for
				calculating earnable compensation (25 months) subject to a minimum of 152 hours
				per month. If the number of hours required for the position changes during the
				period used for calculating earnable compensation the full-time rate will be
				adjusted to the number of hours required. Should a majority of the months used
				for calculating earnable compensation (25 months) reflect less than 152 hours
				worked per month, the member shall be considered a part-time employee and
				earnable compensation will be computed in accordance with subparagraph a) 4) of
				this Section. Variable hours worked over and above the normal work period shall
				be considered as salary adjustments, and such earnings shall be used when
				calculating earnable compensation.
2) Full-Time Per Diem Employees:
A) Prior to September 1, 1956, 25 days per
			 month shall constitute the normal work period for a full-time per diem
			 employee. On or after September 1, 1956, 22 days per month shall constitute the
			 normal work period.
B) Unless
			 inconsistent with a member's earnings records, a per diem employee shall be
			 considered full-time and all earnings used in the computation of earnable
			 compensation shall be converted to a full-time rate if a majority of the months
			 used for calculating earnable compensation (25 months), as shown on payroll
			 records, evidence time worked of 25 days prior to September 1, 1956, or 22 days
			 after September 1, 1956.
3) Full-Time Salaried Employees:
The actual monthly base rate of pay, excluding overtime, will
				be used.
4) Part-Time
			 Employees:
When it is established that the employee's normal work period
				is less than the period necessary to constitute a full month, actual earnings
				will be used.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.40 - Prior Service Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior
			 Service Form
Any member claiming prior service credit shall file at the
				Springfield Office of the System a written statement on a form prescribed by
				the Board setting forth in detail all service for which he claims credit
				rendered prior to the date of establishment of the Retirement System.
b) Verification of Prior Service
Statement of prior service for which credit is claimed shall be
				confirmed in writing to the Springfield Office of the System, on a form
				prescribed by the Board, by the Retirement System Coordinator appointed in the
				Department in which such service was rendered or by some other person employed
				in such Department and who is duly authorized by such Retirement System
				Coordinator to make such confirmation. The confirmation shall be made from the
				records of the Department or other State Agency. If no such records are
				available, confirmation of such prior service may be made by affidavit of two
				competent persons not a relative of the member who have actual knowledge of the
				service claimed to have been rendered by the member.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.50 - Credit for Service for Which Contributions are Permitted

Current through Register Vol. 48, No. 28, July 12, 2024
a) Exercise of Option
1) For purposes of purchasing certain service
			 credit provided for in the Act, any member of the System as defined in such Act
			 who meets the requirements shall be eligible to exercise any of the service
			 credit options provided for therein.
2) This privilege shall not apply to service
			 representing previous employment periods which had not been credited at the
			 time of acceptance of a refund until repayment of such refund.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.60 - Severance of Employment - A Condition to the Payment of a Refund or Retirement Annuity

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application
			 for Refund or Retirement Annuity
Any member who is eligible to receive a refund of contributions
				or a retirement annuity may elect to apply for that refund or retirement
				annuity by making a written request in the form and manner prescribed by the
				Board.
b) Verification of
			 Withdrawal From Service
A request for a refund of contributions or a retirement annuity
				shall not be considered until the Board has received a written notice from the
				Department in which the member was last employed certifying to the member's
				withdrawal from service and the effective date thereof, except that the written
				notice described in this subsection shall not be required for a member who
				retires while on inactive or disabled status and has been off the Department's
				payroll for a period of at least 5 years.
c) Withdrawal From Service - Period of
			 Separation
A member who terminates employment and then returns to State
				employment shall be eligible for a refund of contributions only if there is at
				least a 14- day break in State employment as reflected on a payroll and if the
				refund application is executed by the member prior to the date of reemployment.
				A member who is placed on "Temporary Layoff" as that term is used in the rules
				of the Department of Central Management Services (see 80 Ill. Adm. Code
				302.510)
				shall not be considered to have completed "Withdrawal" as that term is defined
				in the Illinois Pension Code (Code) [40 ILCS 5 ].
d) Effect of Legal Action
1) If a refund of contributions is paid by
			 the System to a member and legal action results in the member being reinstated
			 to their position with full restoration of all rights and privileges, then the
			 reinstated member shall be permitted to reestablish service credit with the
			 System for the reinstated period by repaying to the System the amount of
			 refunded contributions in a lump sum or installment payments in accordance with
			 Section
			 1540.250
			 of this Part, except that:
A) the two-year
			 minimum service requirement shall be waived for purposes of determining the
			 period within which the member may commence repayment of the refund;
			 and
B) no interest shall be due if
			 the member makes the required lump-sum payment to the System within 30 days
			 after the System's written notice of the opportunity to reestablish the service
			 credit or executes within the same period an installment agreement with the
			 System to make the required payment.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.70 - Death Benefits and Survivor's Annuities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Benefit Application
Any person claiming a death benefit or survivor's annuity shall
				file at the Springfield Office of the System a written application for such
				benefit on a form prescribed by the Board.
b) Proof of Death
An application for a death benefit or survivor's annuity shall
				be accompanied by a certified copy of the Certificate of Death for the deceased
				member or annuitant.
c)
			 Identification of Claimant
Any person or persons applying for a survivor's annuity or
				death benefits of any kind shall, when requested by the Board, file at the
				Springfield Office of the System an affidavit alleging at least the name of the
				claimant and his or her relationship to the deceased member.
d) Suspension and Termination of Benefit for
			 Gainful Activity
The occupational death benefits and survivors' annuities
				payable to the unmarried adult disabled children of deceased members and
				annuitants under Article 14 of the Illinois Pension Code are subject to
				suspension and termination for gainful activity in accordance with Section
				1540.85.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.81 - Occupational Death Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of determining a survivor's eligibility for
				occupational death benefits, a member's death shall be deemed as the proximate
				result of bodily injuries sustained or a hazard undergone while in the
				performance and within the scope of the member's duties only when death
				benefits under either the Workers' Compensation Act [820 ILCS 305 ] or Workers'
				Occupational Diseases Act [820 ILCS 130 ] are awarded to the member's
				survivor.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.85 - Benefit Suspension and Termination for Gainful Employment or Activity

Current through Register Vol. 48, No. 28, July 12, 2024
a) Suspension of
			 Benefit for Gainful Employment or Activity
If the System becomes aware that a member who is receiving an
				occupational, nonoccupational, or temporary disability benefit under Article 14
				of the Illinois Pension Code has engaged in gainful employment or if the System
				becomes aware that the unmarried adult disabled child of a deceased member or
				annuitant is receiving a survivor's annuity or occupational death benefit under
				Article 14 of the Illinois Pension Code and has engaged in substantial gainful
				activity, then it shall immediately suspend the respective Article 14 benefit
				and provide the affected individual with written notice of the benefit
				suspension and of the individual's right to appeal the benefit suspension under
				subsection (e).
b) Gainful
			 Employment or Activity
For purposes of this Section and Article 14 of the Illinois
				Pension Code, an individual engages in gainful employment and substantial
				gainful activity when the individual:
1) returns to active employment or becomes
			 employed with the State of Illinois in any capacity;
2) violates the Calendar Quarter Remuneration
			 Limit in subsection (c) for the first time and fails within the period
			 specified by the System:
A) to execute an
			 agreement with the System to repay the System all amounts earned in excess of
			 the Calendar Quarter Remuneration Limit; and
B) to repay the System the amount described
			 in the agreement; or
3)
			 violates the Calendar Quarter Remuneration Limit in subsection (c) for a second
			 or subsequent time.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.100 - Birth Date Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 person or persons making application for a retirement annuity, survivors or
			 widows annuity, nonoccupational, occupational or temporary disability benefit
			 shall submit as proof of birth date, a legal copy of their birth certificate or
			 birth record.
b) Upon the
			 submission by the member of documentation from an official employed by the
			 state or county where the birth occurred that states that no birth record
			 exists, the following documents may be submitted for consideration:
1) Military records
2) Marriage record showing date of
			 birth
3) Evidence of Social
			 Security payments that require attainment of specific age
4) Church records of birth or
			 baptism
5) Passport or immigration
			 and naturalization record
6) Two or
			 more documents showing birth dates, such as insurance policies, school records,
			 and medical records
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.110 - Marriage Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proof of
			 Marriage
1) Applicants claiming benefits as a
			 surviving spouse must submit proof of marriage. Documents acceptable as proof
			 of marriage are:
A) A copy of the public
			 record of marriage.
B) A copy of
			 the religious record of the marriage.
C) In the case of a common-law marriage if
			 none of the above documents are available, other relevant evidence may be
			 submitted.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.120 - Level Income Option

Current through Register Vol. 48, No. 28, July 12, 2024
a) Basis of
			 Computation.
The Level Income Option shall be based on an estimate of a
				member's primary Social Security benefit, as provided by the Social Security
				Administration. The calculation shall be based on standard actuarial tables
				maintained by the System.
b) Effect on Automatic Increase Annuity.
Should an annuitant subsequently become eligible for the
				automatic increase annuity benefit, such increases shall be based on the amount
				of retirement annuity received at the date of eligibility for the
				increases.
c) Effect on
			 Widows and Survivors Annuities.
Upon death of an annuitant, any widow or survivors benefits
				which become payable shall be based on the amount of the member's retirement
				annuity received at the date of death.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.125 - Reversionary Annuity

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 reversionary annuity of a member who elects a reversionary annuity, who accepts
			 the provisions of Article 20 of the Code, and who cashes or deposits the
			 payment of a proportional annuity from another participating system prior to
			 the date in which he or she is eligible to begin receiving retirement annuity
			 payments from Article 14 of the Code, shall begin on the first day of the month
			 following the member's death.
b)
			 Definitions
"Participating System" means a retirement system defined as a
				"participating system" by Section 20-108 of the Code.
"Proportional Annuity" means a retirement annuity paid in
				accordance with Section 20-121 of the Code.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.130 - Pension Credit for Unused Sick Leave

Current through Register Vol. 48, No. 28, July 12, 2024
a) Credit for sick leave shall be determined
			 on the basis of a 260-day work year.
b) All unused sick days for which the
			 employee receives credit shall be certified by the last employer responsible
			 for maintaining a sick leave record for the employee.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.140 - Removal of Children from Care of Surviving Spouse

Current through Register Vol. 48, No. 28, July 12, 2024
a) Children Under Age 18
If a spouse is receiving a widow's or survivors' annuity prior
				to age 50 because minor children of the member are under the care of the spouse
				and the children are legally removed by order of a court from the spouse's
				care, then the widow's annuity or survivors' annuity payable to the spouse
				shall be suspended until the spouse attains age 50; however, the children
				eligible to receive a survivors' annuity, if under the care of the legal
				guardian, may continue to receive their portion of the survivors' benefit,
				based on their individual eligibility. Widow's or survivors' annuity payments
				accepted by the spouse after the children have legally been removed by order of
				a court from the spouse's care will be considered benefit overpayments due to
				the System.
b) Children Over
			 Age 18 and Under Age 22 and a Full-Time Student
1) If under the care of the surviving spouse
			 at attainment of age 18, children over age 18 and under age 22 and a full-time
			 student will be presumed under the care of a surviving spouse during their
			 period of eligibility, based upon a self-certification signed by the surviving
			 spouse. However, the surviving spouse will not be considered as the natural
			 guardian of the child.
2)
			 Application for benefits by or on behalf of a child over age 18 and under age
			 22 and a full-time student must be accompanied by a student certification. The
			 certification must have the signature of the student and a representative of
			 the school to be valid. A new certification must be obtained and submitted to
			 the System semi-annually after initial approval of the benefit unless the
			 System is able to determine, based on records in its possession or
			 vendor-supplied data, that the child is a full-time student for that
			 semi-annual period.
3) Survivor
			 benefits shall be payable during the period between regular school years, such
			 as winter breaks or summer terms, if the benefit recipient carried a full-time
			 workload in the preceding semester.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.150 - Proof of Dependency

Current through Register Vol. 48, No. 28, July 12, 2024
In consideration of the payment of an occupational death
				benefit, survivors annuity or reversionary annuity, person or persons claiming
				such benefits as a dependent shall submit acceptable proof to the Board that
				the member was contributing at least one-half of the dependent's support at the
				time of the member's death, or in the case of a reversionary annuity, at the
				time of retirement. A copy of the deceased member's income tax filing for the
				year of event claiming the person as a dependent shall be accepted as proof of
				dependency. For the reversionary annuity, a spouse will be deemed to be a
				dependent of the member.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.160 - Investigations of Benefit Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board of Trustees of the State
			 Employee's Retirement System recognizes its obligation to provide a systematic
			 and ongoing program for the review and investigation of all benefits payable by
			 the System to assure continued eligibility of all recipients.
b) The failure of any benefit recipient to
			 cooperate in providing reasonable information required shall result in
			 suspension of benefit payments until such time as continued eligibility is
			 confirmed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.170 - Interest on Member Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Credited
1) Interest credited on the member's
			 individual account on and after July 1, 1981 shall be computed once a year at
			 the rate of 6.5 % per annum compounded annually on the balance at the beginning
			 of each fiscal year and no consideration shall be given to the current fiscal
			 year's contributions in such computation.
2) The amount of any benefit payable by the
			 System shall, if interest credited to member's account is a part of the
			 benefit, include interest credited to the member's account through the end of
			 the fiscal year immediately preceding the date on which the benefit is
			 paid.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.180 - Date of Application - Retirement Annuity, Occupational and Nonoccupational and Temporary Disability Benefits, and Resignation Refund Payments

Current through Register Vol. 48, No. 28, July 12, 2024
A member's written request applying for benefit or resignation
				refund payment provided for in the Retirement System Act shall be accepted as
				the formal application form for purposes of meeting any application deadlines
				or time frames contained therein, provided the formal application form
				prescribed by the Board is subsequently received at the Springfield Office of
				the System the later of the deadline or time frame provided by law or 30 days
				from the date the formal application form is mailed to the member. Should the
				completed formal application be received after the later of either of these
				periods the date of application will be the date the form is
				received.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.190 - Lump Sum Salary Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Employee retirement contributions are not to be assessed against certain lump
			 sum salary payments as provided in the Act.
b) Compensation received for unused
			 compensatory time shall be applied to the pay period in which it was earned,
			 rather than when it was received.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.195 - Mandatory Distributions Pursuant to Section 401(a)(9) of the Internal Revenue Code

Current through Register Vol. 48, No. 28, July 12, 2024
The System shall pay all benefits in accordance with a
				reasonable good faith interpretation of the requirements of section 401(a)(9)
				of the Internal Revenue Code. When the System is required to make a mandatory
				distribution pursuant to that section and the member is eligible to receive
				either a retirement annuity or a refund, but fails to make the required
				election within 60 days after the System sends out the election form, the
				member shall be deemed to have elected a refund.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.200 - Removal From the Payroll

Current through Register Vol. 48, No. 28, July 12, 2024
Written applications for nonoccupational disability benefits
				must be received in the Springfield Office of the System within the statutory
				time frame after the member's name has been removed from the payroll. The term
				"removal from the payroll" as it pertains to the payment of nonoccupational
				disability benefit is the last day of the pay period during which a member
				received compensation for services as a State employee.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.210 - Latest Date of Membership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 term "date he last became a member of the System" as it pertains to the
			 purchase of service credits is the first day of the latest or current period of
			 membership and is not affected by the payment of contributions for any periods
			 of service prior to or following this first day or the repayment of a
			 refund.
b) A member who accepts a
			 retirement annuity and subsequently re-enters membership establishes a new date
			 of membership as of that date, unless he or she repays all annuity payments
			 received as provided for in the statute, in which case his or her previous date
			 of membership is re-established.
c)
			 For a person who, under the provisions of the Retirement Systems Reciprocal Act
			 [ 40 ILCS 5 /Art. 20], repays a refund and pays for any period of service prior
			 to or after the service period of membership for the period of service prior to
			 or after the service period covered by the refund, the latest date of
			 membership shall be the first day of membership for the period covered by the
			 refund. If more than one refund is paid, it shall be the first day of the
			 period of membership covered by the latest of the membership periods
			 involved.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.220 - Period for Payment and Amount of Payment of Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Period for
			 Payment
An eligible member shall exercise an option or options to pay
				contributions to establish credit for service within the deadline or time frame
				provided by law and shall make the required payment(s) by the later of any
				deadline or time frame provided by law or 30 days from the date written
				notification of the amount due is mailed to the member.
b) Amount of Payment
Any member making a payment to the System which includes
				interest as a part of such payment shall pay the required amount 30 days from
				the date formal notification of the amount payable is sent to the member or the
				end of the month to which interest was computed in the required amount. If
				payment is made after the later of these dates additional interest will be
				charged to the end of the month in which payment is received in the Springfield
				Office of the System.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.255 - Pick-up Option for Optional Service Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Member" as used in this Section means any
			 person who is entitled to reinstate past service credits previously refunded or
			 purchase permissive service credits under the Act creating the State Employees'
			 Retirement System of Illinois.
b) A
			 member choosing to make contributions for the reinstatement (purchase) of past
			 service credits previously refunded or the purchase of permissive service
			 credits shall have the option to have those contributions treated as either
			 after-tax or before-tax (picked up) contributions. In order for contributions
			 for the reinstatement of past service credits or purchase of permissive service
			 credits to be considered as picked up (before-tax) contributions under Section
			 414(h)(2) of the Internal Revenue Code (Code), the member must make an
			 irrevocable election to have the contributions made by payroll deduction
			 through the Comptroller's office by providing a copy of the election to the
			 member's payroll officer. Any contributions for the purchase of past service
			 credits or permissive service credits which are made directly by the member or
			 when the payroll deduction election is not irrevocable will be considered as
			 after-tax contributions (not picked up).
c) The member wishing to make contributions
			 for the purchase of past service credits previously refunded or permissive
			 service credits shall have the following contribution options:
1) The contributions may be made directly by
			 the member in installments or by a lump sum payment and the contributions may
			 be terminated by the member at any time;
2) If the member is receiving compensation
			 for personal services rendered, on a warrant issued pursuant to a payroll
			 voucher and which is drawn by the State Comptroller upon the State Treasurer,
			 the contributions may be made by voluntary payroll deduction and the payroll
			 deduction may be terminated by the member at any time; or
3) If the member is receiving compensation
			 for personal services rendered, on a warrant issued pursuant to a payroll
			 voucher drawn by the State Comptroller upon the State Treasurer, the
			 contribution may be made by an irrevocable payroll deduction by which the
			 member chooses to have the contributions picked up by the employer under the
			 Code.
Only the contribution method described in subsection (c)(3)
				will qualify the contributions as contributions picked up by the employer for
				Code purposes. Those members electing to make such contributions pursuant to
				subsection (c)(3) shall complete and sign an irrevocable payroll authorization
				form provided by the State Employees' Retirement System (System). That form
				must be provided to both the System and the member's payroll officer.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.260 - Contributions and Service Credit During Nonwork Periods

Current through Register Vol. 48, No. 28, July 12, 2024
When State law requires that service credit be granted to a
				member during nonwork periods, such credit shall be granted based on the
				member's normal work schedule. Employee and employer contributions shall be
				payable during such non-work periods based on the member's full rate of
				compensation. A nonwork period is any pay period during which an employment
				relationship exists and throughout which the employee does no work for the
				employer. If such a nonwork period falls within a qualifying period, it should
				be considered part of that period, and the employee may make contributions at
				the required rate to establish service credit. Such contributions may be made
				without interest if paid within 6 months of the employee's return to work, or
				within 6 months of completing the qualifying period, whichever is
				later.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.265 - Contributions Due for Service Subject to the Uniformed Services and Reemployment Rights Act

Current through Register Vol. 48, No. 28, July 12, 2024
A member who receives compensation from a department under the
				Uniformed Services and Reemployment Rights Act (P.L.
				103-353) shall, for the period they receive such
				compensation, contribute employee contributions based on the amount of
				compensation that is credited to their retirement account for that
				period.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.266 - Unconditional Discharge other than by Dishonorable Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of Section 14-105(b)(2) of
			 the Pension Code, "unconditional discharge other than by dishonorable
			 discharge", means:
1) the member has not been
			 discharged dishonorably from active-duty military service; and
2) has either voluntarily separated from the
			 military by completing their service obligation; or
3) has been discharged due to their
			 acceptance of a reserve commission enlistment; or
4) has involuntarily separated from the
			 military.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.290 - Procedure for Submission, Consideration and Disposition of Petitions Seeking the Promulgation, Amendment or Repeal of these Rules and Regulations (Recodified)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.310 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be changed or amended at any regular or special
				meeting of the Board by a majority vote of the membership of the
				Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.320 - Optional Forms of Benefits - Basis of Computation

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of computing optional forms of benefit provided in
				the Retirement Act, the interest used shall be 8.50 % per annum and the
				mortality rate shall be 52% of the rate in Table A, column A plus 48% of the
				rate in Table A, column B for members and 48% of the rate in Table A, column A
				plus 52% of the rate in Table A, column B for surviving beneficiaries of
				members.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.340 - Excess Benefit Arrangement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Adoption and Nature of the Arrangement.
1)
			 The Arrangement. The State Employees' Retirement System of Illinois, pursuant
			 to the authority granted to it by
			 40 ILCS
			 5/1-116, hereby adopts the State Employees' Retirement
			 System of Illinois Excess Benefit Arrangement effective January 1,
			 1997.
2) Nature of the Arrangement.
			 This Arrangement is a portion of a governmental plan (as that term is defined
			 in section 414(d) of the Internal Revenue code of 1986, as amended, and section
			 3(32) of the Employee Retirement Income Security Act of 1974, as amended) and
			 is administered as a qualified governmental excess benefit arrangement pursuant
			 to the provisions of Code section 415(m).
3) Limitation Year. The System adopts the
			 calendar year as the limitation year for the purpose of this Arrangement and
			 Code Section 415.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.350 - Qualified Illinois Domestic Relations Orders (QILDRO)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
1) The definitions in Section 1-119(a) of the
			 Illinois Pension Code (Code) [40 ILCS 5 ] shall apply to this
			 Section.
2) "Death Benefit" in
			 Section 1-119(a)(2) of the Code includes a lump sum payment described in
			 Sections 14-116, 14-117 and 14-128 of the Code.
3) "Member's Refund" in Section 1-119(a)(5)
			 of the Code does not include an error refund as defined in subsection (a)(4) of
			 this Section.
4) "Error Refund" as
			 used in this Section includes:
A) a refund
			 paid to a member as the result of an error in a payment to the
			 System;
B) an interest rebate;
			 or
C) a refund paid to a member as
			 the result of the member's failing to complete the required contributions
			 necessary to purchase or reinstate service credit.
5) "Disability Benefit" in Section
			 1-119(a)(3) of the Code includes:
A) an
			 occupational disability benefit under Section 14-123 of the Code;
B) a temporary disability benefit under
			 Section 14-123.1 of the Code; or
C)
			 a nonoccupational disability benefit under Section 14-124 of the
			 Code.
6) "Member's
			 Retirement Benefit" as used in this Section means the total amount of the
			 retirement benefit as defined in Section 1-119(a)(8) of the Code that would be
			 payable to the member in the absence of a QILDRO.
7) "Partial Member's Refund" as used in this
			 Section includes:
A) a refund of
			 widow/survivor benefit contributions;
B) a refund of alternative formula
			 contributions as a result of the member not completing sufficient service to
			 qualify for the alternative formula retirement benefit; or
C) a refund of early retirement
			 contributions.
8)
			 "Permissive Service" in Section 1-119(a)(5.5) of the Code includes credit
			 purchased by the member for military service, leaves of absence, early
			 retirement incentives, contractual service, federal or out-of-state service,
			 visually handicapped service, legislative staff intern service and unused sick
			 and vacation time.
9) "Regular
			 Service" in Section 1-119(a)(7.5) of the Code includes service for which
			 compensation was paid on a State payroll and purchased by the member for a
			 qualifying period, short periods of employment, full or partial refund,
			 emergency or temporary employment, and service credit where the member
			 previously opted not to participate in the System and subsequently opted to
			 purchase the service credit for the participation.
10) "Accelerated Retirement Benefit" means an
			 accelerated pension benefit payment under Sections 14-147.5 and 14-147.6 of the
			 Code.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.360 - Election to be an Employee under Section 14-103.05(b)(3) of the Illinois Pension Code

Current through Register Vol. 48, No. 28, July 12, 2024
An election to be considered an "employee" under Section
				14-103.05(b)(3) of the Illinois Pension Code is an irrevocable election for all
				periods during which the person is serving at the appointment of the Governor
				with the advice and consent of the Senate. The election is valid and
				irrevocable for the entire period spent in a position, even upon reappointment
				to the same position. Appointment to a different position under Section
				14-103.05(b)(3) requires the employee to complete a new election
				form.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.370 - Americans With Disabilities Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose
1) This grievance procedure is established
			 pursuant to the Americans With Disabilities Act of 1990 (ADA) (
			 42 USC 12101
			 et seq.) and specifically Section 35.107 of the Title II regulations (
			 28
			 CFR 35.107 ), requiring the adoption of a
			 procedure to resolve grievances asserted by qualified individuals with
			 disabilities. Interested parties may contact the ADA Coordinator to review the
			 ADA or its regulations to understand the rights, privileges and remedies
			 afforded by them.
2) In general,
			 the ADA requires that each program, service and activity offered by the State
			 Employees' Retirement System (System), when viewed in its entirety, be readily
			 accessible to and usable by qualified individuals with disabilities.
3) It is the intention of the System to
			 foster open communication with all individuals requesting readily accessible
			 programs, services and activities. The System encourages supervisors of
			 programs, services and activities to respond to requests for modifications
			 before they become grievances.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.380 - Correction of Mistakes in Benefit Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) If SERS mistakenly sets any benefit at an
			 incorrect amount, it will recalculate the benefit as soon as may be practicable
			 after the mistake is discovered.
b)
			 If the recalculation results in a determination by SERS that it has overpaid a
			 benefit and, if that benefit overpayment either was undiscovered for less than
			 3 years or resulted from incorrect information supplied by the affected member
			 or beneficiary, then SERS will adjust the benefit to the correct level and
			 notify the benefit recipient in writing. The written notice will indicate the
			 correct amount of the benefit, the amount of the overpayment that must be
			 recovered by the System, and the procedure for appealing the determination. If
			 the affected member or beneficiary does not appeal the determination within 30
			 days after the postmark date of the written notice or, if, upon appeal, the
			 Executive Committee affirms the System's determination, then SERS will make
			 arrangements for collection of the amount of the overpayment. The overpayment
			 can be repaid by:
1) reductions in any
			 subsequent benefit payment due to the recipient or their survivors and
			 beneficiaries;
2) repayment of the
			 overpayment by the recipient to SERS;
3) other arrangement SERS makes with the
			 recipient; or
4) any other means
			 legally available to the System.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.385 - Suspension of Benefits from Uncashed Warrants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Monthly benefit payments to annuitants may
			 be suspended when four monthly warrants remain uncashed. The System shall
			 inquire as to the cause for the uncashed warrants. These and subsequent
			 payments shall be made upon learning the circumstances or whereabouts of the
			 warrants, or upon prompt compliance in cashing the warrants.
b) Any member that has his or her benefit
			 suspended under this Section shall be required to register for direct deposit
			 as a condition for resuming benefit payments.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.390 - Freedom of Information Act

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Purpose. This Section establishes policies and procedures specific to SERS
			 concerning requests for information made under FOIA [ 5 ILCS 140 ].
b) Freedom of Information Officer. The
			 Freedom of Information Officer is the staff member at SERS responsible for
			 responding to all requests for information on behalf of SERS as the "public
			 body" under FOIA and is also responsible for maintaining all records required
			 to be kept under FOIA and this Section. The Freedom of Information Officer
			 shall be the SERS Executive Secretary or a designee of the SERS Executive
			 Secretary. Denials issued by the Freedom of Information Officer shall inform
			 the requester of the right of review by the Public Access Counselor under
			 Section 9.5 of FOIA or by a court under Section 11 of FOIA.
c) Time and Place for Requests or Inspection.
			 Records subject to FOIA shall be made available for inspection and copying at
			 SERS principal office on weekdays between the hours of 8:00 a.m. and 4:30 p.m.,
			 excluding days during which the office is closed to the public. Written
			 requests shall be mailed to the Freedom of Information Officer or a designee in
			 the SERS Executive Department at 2101 S. Veterans Pkwy., P.O. Box 19255,
			 Springfield IL 62794-9255. FOIA requests may also be submitted by facsimile
			 (217-557-3943) or by email (SERS@srs.illinois.gov). Oral requests for
			 inspection or copying may be made in person or by phone at
			 217-785-7016.
d) Fees. Unless a fee
			 is waived or reduced under Section 6 of FOIA, fees may be imposed on the
			 requester to recover costs of document production or reproduction according to
			 the following schedule:
1) Photostatic
			 copying of paper documents:
A) Black and white
			 copies shall be charged after the first 50 pages at $0.05 per page;
B) Color copies shall be charged at $0.13 per
			 page.