State of Illinois
91st General Assembly
Legislation

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91_HB1794

 
                                               LRB9105768EGfg

 1        AN ACT to amend the Illinois Pension Code and  the  State
 2    Mandates Act.

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

 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Sections 3-110.3 and 7-142.1 as follows:

 7        (40 ILCS 5/3-110.3) (from Ch. 108 1/2, par. 3-110.3)
 8        Sec. 3-110.3.  Transfer of credits to IMRF.
 9        (a)  Any  person  who  has made an election under Section
10    3-109.1, and until July 1, 1993, any  active  member  of  the
11    Illinois Municipal Retirement Fund who is a county clerk, may
12    apply   for   transfer  of  his  or  her  creditable  service
13    accumulated in any police pension fund under this Article  to
14    the  Illinois  Municipal  Retirement  Fund.   The  creditable
15    service  shall  be  transferred  upon  payment  by the police
16    pension fund to the Illinois Municipal Retirement Fund of  an
17    amount equal to:
18             (1)  the  amounts  accumulated  to the credit of the
19        applicant on the  books  of  the  fund  on  the  date  of
20        transfer; and
21             (2)  employer  contributions  in  an amount equal to
22        the amount determined under subparagraph (1); and
23             (3)  any interest paid by the applicant in order  to
24        reinstate service.
25    Participation  in  this  Fund  shall terminate on the date of
26    transfer.
27        (b)  Any person who has made an  election  under  Section
28    3-109.1,  and  until July 1, 1993, any such county clerk, may
29    reinstate service  which  was  terminated  by  receipt  of  a
30    refund,  by  payment to the police pension fund of the amount
31    of the refund with interest thereon at the  rate  of  6%  per
 
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 1    year,  compounded  annually,  from  the date of refund to the
 2    date of payment.
 3        (c)  Until  July  1,  2000,  any  active  member  of  the
 4    Illinois Municipal Retirement Fund who  is  a  sheriff's  law
 5    enforcement employee may apply for transfer of up to 10 years
 6    of  his  or  her creditable service accumulated in any police
 7    pension fund under this Article  to  the  Illinois  Municipal
 8    Retirement Fund.  The creditable service shall be transferred
 9    upon  payment  by  the  police  pension  fund to the Illinois
10    Municipal Retirement Fund of an amount equal to:
11             (1)  the amounts accumulated to the  credit  of  the
12        applicant  for the service to be transferred on the books
13        of the fund on the date of transfer; and
14             (2)  employer contributions in an  amount  equal  to
15        the amount determined under item (1); and
16             (3)  any  interest paid by the applicant in order to
17        reinstate the transferred service.
18    Participation in  this  Fund  with  respect  to  the  credits
19    transferred shall terminate on the date of transfer.
20        (d)  Until  July  1,  2000, any sheriff's law enforcement
21    employee who is transferring credits  under  subsection  (c),
22    may  reinstate  up to 10 years of service that was terminated
23    by receipt of a refund, by payment to the police pension fund
24    of the amount of the refund with interest thereon at the rate
25    of 6% per year, compounded annually, from the date of  refund
26    to the date of payment.
27    (Source: P.A. 86-273; 87-1265.)

28        (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
29        Sec. 7-142.1.  Sheriff's law enforcement employees.
30        (a)  In  lieu  of  the  retirement  annuity  provided  by
31    subparagraph  1  of  paragraph  (a)  of  Section  7-142:  Any
32    sheriff's  law  enforcement employee who has 20 or more years
33    of service in that capacity and who terminates service  prior
 
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 1    to January 1, 1988 shall be entitled at his option to receive
 2    a  monthly  retirement annuity for his service as a sheriff's
 3    law enforcement employee computed by multiplying 2% for  each
 4    year  of such service up to 10 years, 2 1/4% for each year of
 5    such service above 10 years and up to 20 years,  and  2  1/2%
 6    for  each  year of such service above 20 years, by his annual
 7    final rate of earnings and dividing by 12. Any sheriff's  law
 8    enforcement  employee  who has 20 or more years of service in
 9    that capacity and who terminates service on or after  January
10    1,  1988 shall be entitled at his option to receive a monthly
11    retirement  annuity  for  his  service  as  a  sheriff's  law
12    enforcement employee computed by multiplying  2.5%  for  each
13    year of such service up to 20 years, 2% for each year of such
14    service  above  20  years and up to 30 years, and 1% for each
15    year of such service above 30 years, by his annual final rate
16    of earnings and dividing by 12.
17        If a sheriff's law enforcement employee  has  service  in
18    any  other  capacity, his retirement annuity for service as a
19    sheriff's law enforcement employee may be computed under this
20    Section and the retirement  annuity  for  his  other  service
21    under Section 7-142.
22        In  no  case  shall  the total monthly retirement annuity
23    exceed 75% of the monthly final rate of earnings.
24        (b)  Whenever  continued  group  insurance  coverage   is
25    elected  in accordance with the provisions of Section 367h of
26    the Illinois Insurance Code, as now or hereafter amended, the
27    total monthly premium  for  such  continued  group  insurance
28    coverage  or  such  portion  thereof  as  is  not paid by the
29    municipality shall, upon request of the person electing  such
30    continued  group  insurance  coverage,  be  deducted from any
31    monthly pension benefit  otherwise  payable  to  such  person
32    pursuant  to  this Section, to be remitted by the Fund to the
33    insurance  company  or  other  entity  providing  the   group
34    insurance coverage.
 
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 1        (c)  A  sheriff's  law  enforcement employee may elect to
 2    have up to 10 years of his or her credits under this  Article
 3    for  service  as a sworn member of the police department of a
 4    city, village, or incorporated town with a  population  under
 5    5,000  deemed  to  be  credits for service as a sheriff's law
 6    enforcement employee, by filing on or before July 1,  2000  a
 7    written election with the Board, accompanied by payment of an
 8    amount  to  be  determined  by  the  Board,  equal to (1) the
 9    difference  between  the  amount  of  employee  contributions
10    actually contributed by the applicant for  that  service  and
11    the  amounts  that  would  have  been  contributed  had those
12    contributions been made  at  the  rates  then  applicable  to
13    service  as  a  sheriff's  law enforcement employee, plus (2)
14    interest thereon at the effective rate, compounded  annually,
15    from the date of service to the date of payment.
16    (Source: P.A. 85-941.)

17        Section  90.  The State Mandates Act is amended by adding
18    Section 8.23 as follows:

19        (30 ILCS 805/8.23 new)
20        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
21    and  8 of this Act, no reimbursement by the State is required
22    for  the  implementation  of  any  mandate  created  by  this
23    amendatory Act of the 91st General Assembly.

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

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