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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 7-109.3 and 7-142.1 as follows:
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6 | (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
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7 | Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
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8 | (a) "Sheriff's law enforcement employee" or "SLEP" means:
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9 | (1) A county sheriff and all deputies, other than | ||||||||||||||||||||||||||||
10 | special deputies,
employed on a full time basis in the | ||||||||||||||||||||||||||||
11 | office of the sheriff.
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12 | (2) A person who has elected to participate in this | ||||||||||||||||||||||||||||
13 | Fund under Section
3-109.1 of this Code, and who is | ||||||||||||||||||||||||||||
14 | employed by a participating municipality
to perform police | ||||||||||||||||||||||||||||
15 | duties.
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16 | (3) A law enforcement officer employed on a full time | ||||||||||||||||||||||||||||
17 | basis by a Forest
Preserve District, provided that such | ||||||||||||||||||||||||||||
18 | officer shall be deemed a "sheriff's
law enforcement | ||||||||||||||||||||||||||||
19 | employee" for the purposes of this Article, and service in
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20 | that capacity shall be deemed to be service as a sheriff's | ||||||||||||||||||||||||||||
21 | law enforcement
employee, only if the board of | ||||||||||||||||||||||||||||
22 | commissioners of the District have so
elected by adoption | ||||||||||||||||||||||||||||
23 | of an affirmative resolution. Such election, once made,
may |
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1 | not be rescinded.
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2 | (4) A person not eligible to participate in a fund | ||||||
3 | established under
Article 3 of this Code who is employed on | ||||||
4 | a full-time basis by a
participating municipality or | ||||||
5 | participating instrumentality to perform
police duties at | ||||||
6 | an airport, but only if the governing authority of the
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7 | employer has approved sheriff's law enforcement employee | ||||||
8 | status for its
airport police employees by adoption of an | ||||||
9 | affirmative resolution. Such
approval, once given, may not | ||||||
10 | be rescinded.
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11 | (5) A State's attorney who does not elect or is | ||||||
12 | ineligible to participate in an alternative annuity for | ||||||
13 | county officers under Section 7-145.1 and all special | ||||||
14 | investigators employed on a full-time basis in the office | ||||||
15 | of the State's attorney. This paragraph (5) only applies to | ||||||
16 | a person employed on or after the effective date of this | ||||||
17 | amendatory Act of the 96th General Assembly in such a | ||||||
18 | position. | ||||||
19 | (b) An employee who is a sheriff's law enforcement employee | ||||||
20 | and is granted
military leave or authorized leave of absence | ||||||
21 | shall receive service credit in
that capacity. Sheriff's law | ||||||
22 | enforcement employees shall not be entitled to
out-of-State | ||||||
23 | service credit under Section 7-139.
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24 | (Source: P.A. 92-16, eff. 6-28-01.)
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25 | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
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1 | Sec. 7-142.1. Sheriff's law enforcement employees.
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2 | (a) In lieu of the retirement annuity provided by | ||||||
3 | subparagraph 1 of
paragraph (a) of Section 7-142:
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4 | Any sheriff's law enforcement employee who
has 20 or more | ||||||
5 | years of service in that capacity and who terminates
service | ||||||
6 | prior to January 1, 1988 shall be entitled at his
option to | ||||||
7 | receive a monthly retirement annuity for his service as a
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8 | sheriff's law enforcement employee computed by multiplying 2% | ||||||
9 | for each year
of such service up to 10 years, 2 1/4% for each | ||||||
10 | year
of such service above 10 years and up to 20 years, and
2 | ||||||
11 | 1/2% for each year of such service above
20 years, by his | ||||||
12 | annual final rate of earnings and dividing by 12.
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13 | Any sheriff's law enforcement employee who has 20 or more | ||||||
14 | years of
service in that capacity and who terminates service on | ||||||
15 | or after January 1,
1988 and before July 1, 2004 shall be | ||||||
16 | entitled at his option to receive
a monthly retirement
annuity | ||||||
17 | for his service as a sheriff's law enforcement employee | ||||||
18 | computed by
multiplying 2.5% for each year of such service up | ||||||
19 | to 20 years, 2% for each
year of such service above 20 years | ||||||
20 | and up to 30 years, and 1% for each
year of such service above | ||||||
21 | 30 years, by his annual final rate of earnings
and dividing by | ||||||
22 | 12.
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23 | Any sheriff's law enforcement employee who has 20 or more | ||||||
24 | years of
service in that capacity and who terminates service on | ||||||
25 | or after July 1,
2004 shall be entitled at his or her option to | ||||||
26 | receive a monthly retirement
annuity for service as a sheriff's |
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1 | law enforcement employee computed by
multiplying 2.5% for each | ||||||
2 | year of such service by his annual final rate of
earnings and | ||||||
3 | dividing by 12.
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4 | If a sheriff's law enforcement employee has service in any | ||||||
5 | other
capacity, his retirement annuity for service as a | ||||||
6 | sheriff's law enforcement
employee may be computed under this | ||||||
7 | Section and the retirement annuity for
his other service under | ||||||
8 | Section 7-142.
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9 | In no case shall the total monthly retirement annuity for | ||||||
10 | persons who retire before July 1, 2004 exceed 75% of the
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11 | monthly final rate of earnings. In no case shall the total | ||||||
12 | monthly retirement annuity for persons who retire on or after | ||||||
13 | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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14 | (b) Whenever continued group insurance coverage is elected | ||||||
15 | in accordance
with the provisions of Section 367h of the | ||||||
16 | Illinois Insurance Code, as now
or hereafter amended, the total | ||||||
17 | monthly premium for such continued group
insurance coverage or | ||||||
18 | such portion thereof as is not paid
by the municipality shall, | ||||||
19 | upon request of the person electing such
continued group | ||||||
20 | insurance coverage, be deducted from any monthly pension
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21 | benefit otherwise payable to such person pursuant to this | ||||||
22 | Section, to be
remitted by the Fund to the insurance company
or | ||||||
23 | other entity providing the group insurance coverage.
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24 | (c) A sheriff's law enforcement employee who has service in | ||||||
25 | any other
capacity may convert up to 10 years of that service | ||||||
26 | into service as a sheriff's
law enforcement employee by paying |
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1 | to the Fund an amount equal to (1) the
additional employee | ||||||
2 | contribution required under Section 7-173.1, plus (2) the | ||||||
3 | additional employer contribution required under Section 7-172, | ||||||
4 | plus (3) interest on items (1) and (2) at the
prescribed rate | ||||||
5 | from the date of the service to the date of payment.
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6 | (d) The changes to subsections (a) and (b) of this Section | ||||||
7 | made by this amendatory Act of the 94th General Assembly apply | ||||||
8 | only to persons in service on or after July 1, 2004. In the | ||||||
9 | case of such a person who begins to receive a retirement | ||||||
10 | annuity before the effective date of this amendatory Act of the | ||||||
11 | 94th General Assembly, the annuity shall be recalculated | ||||||
12 | prospectively to reflect those changes, with the resulting | ||||||
13 | increase beginning to accrue on the first annuity payment date | ||||||
14 | following the effective date of this amendatory Act.
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15 | (a) A person who is employed in a position described in | ||||||
16 | paragraph (5) of Section 7-109.3 may convert his or her | ||||||
17 | creditable service for
such employment before the effective | ||||||
18 | date of this amendatory Act of the 96th General Assembly into | ||||||
19 | creditable service as a sheriff's law enforcement employee by | ||||||
20 | applying in writing to the System within 6 months after the | ||||||
21 | effective date of this amendatory Act and paying
to the System | ||||||
22 | the additional contributions required of sheriff's law | ||||||
23 | enforcement employees under Section 7-173.1 for the period of | ||||||
24 | service being established. | ||||||
25 | (Source: P.A. 94-712, eff. 6-1-06 .)
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1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.33 as follows: | ||||||
3 | (30 ILCS 805/8.33 new) | ||||||
4 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this Act, no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this amendatory Act of | ||||||
7 | the 96th General Assembly.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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