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| Public Act 094-0624 |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 5-174 as follows:
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(40 ILCS 5/5-174) (from Ch. 108 1/2, par. 5-174)
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Sec. 5-174. Contributions in case of certain employments in | ||||
police
department.
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(a) Whenever a policeman is assigned to a position in the | ||||
police
department other than the position he holds by | ||||
certification and
appointment as a result of competitive civil | ||||
service examination, there
shall be deducted from his salary | ||||
the amount which would have been
deducted had he continued in | ||||
his civil service position. If such
deductions are not made, | ||||
the policeman may pay such amount direct to the
fund and shall | ||||
be credited with the corresponding city contributions, to
the | ||||
end that he may retain all rights he otherwise would have had | ||||
were
his employment continuous in his civil service position; | ||||
provided, that
any such amount not so deducted from his salary | ||||
nor paid by him shall be
deducted from the earliest possible | ||||
and practicable payment of salary
due and payable to him, or | ||||
from any annuity, benefit or refund payable
to him or on his | ||||
account. The policeman shall receive credit for such
employment | ||||
as service for all purposes of this Article.
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(b) From and after January 1, 1970, in lieu of the | ||||
provisions of the
preceding paragraph (a) of this Section, any | ||||
policeman serving in a
non-civil service position in the police | ||||
department shall have salary
deductions
made for age and | ||||
service annuity and widow's annuity on
salary as defined in | ||||
Section 5-114 (e).
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Any active policeman serving in a non-civil service | ||||
position on the
effective date of this amendatory Act may | ||||
elect, prior to January 1,
1970, to contribute directly to the | ||
fund for age and service and widow's
annuity on salary received | ||
in excess of that provided for in his civil
service rank for | ||
police service rendered in a non-civil service position
prior | ||
to the operative date of his election. Such election shall be
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exercised prior to January 1, 1974, by a policeman in service | ||
on such
effective date or within 6 months prior to such date. | ||
Any policeman in
service not serving in a non-civil service | ||
position on the effective
date of this amendatory Act who is | ||
subsequently assigned and serving in
a non-civil service | ||
position may make like election within 6 months
after such | ||
assignment. Contributions for such past service shall include
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interest at the applicable rate to the end that the | ||
contributions shall
equal the amount that would have been | ||
credited to the policeman had
deductions been made
from such | ||
excess salary for such service. For such
contributions the | ||
policeman shall be credited with the corresponding
city | ||
contributions with interest for all annuity purposes at the | ||
rates
in effect at the time the service was rendered.
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Contributions for past service, if elected, shall be made | ||
for the
entire period of service and for the total amount of | ||
the excess salary
and no credit shall be granted or payment | ||
permitted for any part of such
service or excess salary. | ||
Payment of contributions on such past service
shall be | ||
completed within 3 years of the date of election and in any
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event before death or retirement. If not paid in full within | ||
such
period, or before death, no credit shall be granted | ||
thereon, and the
sums so paid, with interest at the rate of 1 | ||
1/2% per year, compounded
annually, shall be refunded to the | ||
policeman, or his surviving widow or
children, or if there are | ||
no such survivors, then in accordance with
Section 5-167, | ||
provided, however, that if the repayment has not been
made in | ||
full before death, his widow shall have the option of | ||
completing
such payment within 60 days from the date of his | ||
death.
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A policeman assigned to a non-civil service position within | ||
3 years
of the date of his reaching compulsory retirement age | ||
or within 3 years
of retirement at his own option, whichever is | ||
earlier, shall not qualify
for the benefits authorized herein. | ||
The limitation contained in this
paragraph shall not apply to a | ||
policeman assigned to a non-civil service
position whose | ||
retirement from active service is caused by duty
disability. | ||
Beginning January 1, 2000, the limitation contained in this
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paragraph shall not apply to a policeman assigned to a | ||
non-civil service
position with the title of Captain. A | ||
policeman who has made contributions as provided by this
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Section
section but who fails to qualify for the benefits due | ||
to the limitation
of this paragraph is entitled to refund of | ||
said contributions, upon
application therefor, according to | ||
the provisions of Section 5-163 (f).
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In no event shall the provisions of this or any other | ||
Section
section of this
Article, allowing payment for or | ||
granting credit on salary received in
excess of that provided | ||
for his civil service rank or position be
applicable in the | ||
case of any former policeman who is receiving annuity
from this | ||
fund who subsequently re-enters service as a policeman.
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(Source: P.A. 81-1536.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.29 as
follows:
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(30 ILCS 805/8.29 new)
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Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of | ||
the 94th General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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