SB1635 94TH GENERAL ASSEMBLY

LRB094 05701 LCB 35752 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1635

Introduced 2/23/2005, by Sen. Dave Syverson - J. Bradley Burzynski

SYNOPSIS AS INTRODUCED:

40 ILCS 5/18-127	from Ch. 108 1/2, par. 18-127
705 ILCS 45/2.1	from Ch. 37, par. 160.2-1
705 ILCS 45/3	from Ch. 37, par. 160.3

Amends the Associate Judges Act. Provides that the chief judge of any circuit may petition the Supreme Court to appoint temporary contractual judges. Provides that if the listed factors are met and there has been shown to be adequate local or State funding, then the Supreme Court may authorize the appointment of one or more temporary contractual judges to help with the backlog of cases. Provides that the temporary contractual judge appointments shall be made from persons who have previously served as associate judges and whose terms have expired. Excepts temporary contractual judges from the retirement age provisions. Amends the Pension Code. Exempts associate judges who have been appointed as temporary contractual judges from the suspension of their retirement annuity payments. Effective immediately.

JUDICIAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 18-127 as follows:

(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)

Sec. 18-127. Retirement annuity - suspension on reemployment.

(a) A participant receiving a retirement annuity who is regularly employed for compensation by an employer other than a county, in any capacity, shall have his or her retirement annuity payments suspended during such employment. Upon termination of such employment, retirement annuity payments at the previous rate shall be resumed.

If such a participant resumes service as a judge, he or she shall receive credit for any additional service. Upon subsequent retirement, his or her retirement annuity shall be the amount previously granted, plus the amount earned by the additional judicial service under the provisions in effect during the period of such additional service. However, if the participant was receiving the maximum rate of annuity at the time of re-employment, he or she may elect, in a written direction filed with the board, not to receive any additional service credit during the period of re-employment. In such case, contributions shall not be required during the period of re-employment. Any such election shall be irrevocable.

(b) Beginning January 1, 1991, any participant receiving a retirement annuity who accepts temporary employment from an employer other than a county for a period not exceeding 75 working days in any calendar year shall not be deemed to be regularly employed for compensation or to have resumed service as a judge for the purposes of this Article. A day shall be considered a working day if the annuitant performs on it any of his duties under the temporary employment agreement.

(c) Except as provided in subsection (a), beginning January 1, 1993, retirement annuities shall not be subject to suspension upon resumption of employment for an employer, and any retirement annuity that is then so suspended shall be reinstated on that date.

(d) The changes made in this Section by this amendatory Act of 1993 shall apply to judges no longer in service on its effective date, as well as to judges serving on or after that date.

(e) A participant receiving a retirement annuity under this Article who serves as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, or associate judges who have been appointed as temporary contractual judges to help alleviate any existing backlog of cases as provided in Section 2.1 of the Associate Judges Act, but has not elected to participate in the Article 14 System with respect to that service, shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (e) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly. In this subsection, a "part-time employee" is a person who is not required to work at least 35 hours per week.

(Source: P.A. 93-685, eff. 7-8-04.)

Section 10. The Associate Judges Act is amended by changing Sections 2.1 and 3 as follows:

(705 ILCS 45/2.1) (from Ch. 37, par. 160.2-1)

Sec. 2.1. If the maximum number of associate judges authorized under Section 2 of this Act is appointed, and the chief judge of the circuit considers the number of associate judges inadequate, additional associate judges may be appointed as provided in this Section 2.1.

The chief judge of the circuit in which it is desired to appoint one or more additional associate or temporary contractual judges shall file in writing a petition with the Supreme Court listing the reasons such circuit needs the additional associate or temporary contractual judge and detailing what use will be made of each such associate or temporary contractual judge. The Supreme Court shall determine whether a clear need exists for the additional associate or temporary contractual judges. The Supreme Court shall consider the following factors in making its determination: (1) case loads in the circuit; (2) the number of associate judges, resident circuit judges , temporary contractual, and circuit judges in the circuit; (3) the number and location in the circuit of major federal and state highways; (4) the location in the circuit of state police highway truck weighing stations; (5) the relationship of urban population to large metropolitan centers in the various counties of the circuit; (6) the location in the circuit of state institutions including, but not limited to, universities, mental health facilities and penitentiaries; (7) any other factor deemed relevant by the Supreme Court.

If the Supreme Court finds that the factors listed of this Section 2.1 are met and there has been shown to be adequate local or State funding, then the Supreme Court may authorize the chief judge of the circuit to appoint one or more temporary contractual judges to help with the backlog of cases. The temporary contractual judge appointments shall be made from persons who have previously served as associate judges and whose terms have expired.

The Supreme Court shall either approve or disapprove the petition. If approved, the Supreme Court shall notify in writing the chief judge who filed the petition as to the number of additional associate or temporary contractual judges who may be appointed in the circuit. If the Supreme Court disapproves, it need not state its reasons therefor.

The maximum number of associate judges appointed under the provisions of this Section 2.1 shall not exceed 50 throughout the state. There is no limit within this maximum figure on the number of associate judges or temporary contractual that may be appointed pursuant to this Section 2.1 in any particular circuit.

(Source: P.A. 84-1395.)

(705 ILCS 45/3) (from Ch. 37, par. 160.3)

Sec. 3. Associate judges shall be retired at the same age as that set by law for judges, unless retained as temporary contractual judges pursuant to Section 2.1 of this Act.

(Source: P.A. 79-687; 79-1360.)

Section 99. Effective date. This Act takes effect upon becoming law.