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| Public Act 096-1252 | ||||
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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 3-109 as follows:
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(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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Sec. 3-109. Persons excluded.
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(a) The following persons shall not be eligible to | ||||
participate in a fund
created under this Article:
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(1) part-time police officers, special police | ||||
officers, night watchmen,
temporary employees, traffic | ||||
guards or so-called auxiliary police officers
specially | ||||
appointed to aid or direct traffic at or near schools or | ||||
public
functions, or to aid in civil defense, municipal | ||||
parking lot attendants,
clerks or other civilian employees | ||||
of a police department who perform
clerical duties | ||||
exclusively;
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(2) any police officer who fails to pay the | ||||
contributions required
under Section 3-125.1, computed (i) | ||||
for funds established prior to August
5, 1963, from the | ||||
date the municipality established the fund or the date of
a | ||||
police officer's first appointment (including an | ||||
appointment on probation),
whichever is later, or (ii) for | ||||
funds established after August 5, 1963,
from the date, as | ||
determined from the statistics or census provided in
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Section 3-103, the municipality became subject to this | ||
Article by attaining
the minimum population or by | ||
referendum, or the date of a police officer's
first | ||
appointment (including an appointment on probation), | ||
whichever is
later, and continuing during his or her entire | ||
service as a police officer; and
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(3) any person who has elected under Section 3-109.1 to | ||
participate in
the Illinois Municipal Retirement Fund | ||
rather than in a fund established
under this Article, | ||
without regard to whether the person continues to be
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employed as chief of police or is employed in some other | ||
rank or capacity
within the police department, unless the | ||
person has lawfully rescinded that
election.
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(b) A police officer who is reappointed shall, before being | ||
declared
eligible to participate in the pension fund, repay to | ||
the fund as required
by Section 3-124 any refund received | ||
thereunder.
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(c) Any person otherwise qualified to participate who was
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excluded from participation by reason of the age restriction | ||
removed by
Public Act 79-1165 may elect to participate by | ||
making a written application
to the Board before January 1, | ||
1990. Persons so electing shall begin
participation on the | ||
first day of the month following the date of
application. Such | ||
persons may also elect to establish creditable service
for | ||
periods of employment as a police officer during which they did | ||
not
participate by paying into the police pension fund, before | ||
January 1, 1990,
the amount that the person would have | ||
contributed had deductions from
salary been made for such | ||
purpose at the time such service was rendered,
together with | ||
interest thereon at 6% per annum from the time such service
was | ||
rendered until the date the payment is made.
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(d) A person otherwise qualified to participate who was | ||
excluded from
participation by reason of the fitness | ||
requirement removed by this amendatory
Act of 1995 may elect to | ||
participate by making a written application to the
Board before | ||
July 1, 1996. Persons so electing shall begin participation on
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the first day of the month following the month in which the | ||
application is
received by the Board. These persons may also | ||
elect to establish creditable
service for periods of employment | ||
as a police officer during which they did not
participate by | ||
paying into the police pension fund, before January 1, 1997, | ||
the
amount that the person would have contributed had | ||
deductions from salary been
made for this purpose at the time | ||
the service was rendered, together with
interest thereon at 6% | ||
per annum, compounded annually, from the time the
service was | ||
rendered until the date of payment.
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(e) A person employed by the Village of Shiloh who is | ||
otherwise qualified to participate and was excluded from
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participation by reason of his or her failure to make written | ||
application to the Board within 3 months after receiving his or | ||
her first appointment or reappointment as required under | ||
Section 3-106 may elect to participate by making a written | ||
application to the
Board before July 1, 2008. Persons so | ||
electing shall begin participation on
the first day of the | ||
month following the month in which the application is
received | ||
by the Board. These persons may also elect to establish | ||
creditable
service for periods of employment as a police | ||
officer during which they did not
participate by paying into | ||
the police pension fund, before January 1, 2009, the
amount | ||
that the person would have contributed had deductions from | ||
salary been
made for this purpose at the time the service was | ||
rendered, together with
interest thereon at 6% per annum, | ||
compounded annually, from the time the
service was rendered | ||
until the date of payment. The Village of Shiloh must pay to | ||
the System the corresponding employer contributions, plus | ||
interest.
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(f) A person who has entered into a personal services | ||
contract to perform police duties for the Village of | ||
Bartonville on or before the effective date of this amendatory | ||
Act of the 96th General Assembly may be appointed as an officer | ||
in the Village of Bartonville within 6 months after the | ||
effective date of this amendatory Act, but shall be excluded | ||
from participating under this Article. | ||
(g) A person employed by the Village of Glen Carbon who is | ||
otherwise qualified to participate and was excluded from
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participation by reason of his or her failure to make written | ||
application to the Board within 3 months after receiving his or | ||
her first appointment or reappointment as required under | ||
Section 3-106 may elect to participate by making a written | ||
application to the
Board before January 1, 2011. Persons so | ||
electing shall begin participation on
the first day of the | ||
month following the month in which the application is
received | ||
by the Board. These persons may also elect to establish | ||
creditable
service for periods of employment as a police | ||
officer during which they did not
participate by paying into | ||
the police pension fund, before July 1, 2011, (i) employee | ||
contributions that the person would have contributed had | ||
deductions from salary been
made for this purpose at the time | ||
the service was rendered, (ii) employer contributions that the | ||
employer would have contributed had deductions from salary been
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made for this purpose at the time the service was rendered, | ||
plus (iii) interest on items (i) and (ii) at the actuarially | ||
assumed interest rate, compounded annually, from the time the
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service was rendered until the date of payment. | ||
(Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.34 as follows: | ||
(30 ILCS 805/8.34 new) | ||
Sec. 8.34. 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 96th General Assembly. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||