99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0448

Introduced 1/28/2015, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-109 from Ch. 108 1/2, par. 3-109

Amends the Downstate Police Article of the Illinois Pension Code. Makes a technical change in a Section concerning persons who are excluded from participation in a fund created under the Article.

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PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning public employee benefits.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Pension Code is amended by changing

5 Section 3-109 as follows:

6 (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)

7 Sec. 3-109. Persons excluded.

8 (a) The~~The~~ following persons shall not be eligible to

9 participate in a fund created under this Article:

10 (1) part-time police officers, special police

11 officers, night watchmen, temporary employees, traffic

12 guards or so-called auxiliary police officers specially

13 appointed to aid or direct traffic at or near schools or

14 public functions, or to aid in civil defense, municipal

15 parking lot attendants, clerks or other civilian employees

16 of a police department who perform clerical duties

17 exclusively;

18 (2) any police officer who fails to pay the

19 contributions required under Section 3-125.1, computed (i)

20 for funds established prior to August 5, 1963, from the

21 date the municipality established the fund or the date of a

22 police officer's first appointment (including an

23 appointment on probation), whichever is later, or (ii) for

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1 funds established after August 5, 1963, from the date, as

2 determined from the statistics or census provided in

3 Section 3-103, the municipality became subject to this

4 Article by attaining the minimum population or by

5 referendum, or the date of a police officer's first

6 appointment (including an appointment on probation),

7 whichever is later, and continuing during his or her entire

8 service as a police officer; and

9 (3) any person who has elected under Section 3-109.1 to

10 participate in the Illinois Municipal Retirement Fund

11 rather than in a fund established under this Article,

12 without regard to whether the person continues to be

13 employed as chief of police or is employed in some other

14 rank or capacity within the police department, unless the

15 person has lawfully rescinded that election.

16 (b) A police officer who is reappointed shall, before being

17 declared eligible to participate in the pension fund, repay to

18 the fund as required by Section 3-124 any refund received

19 thereunder.

20 (c) Any person otherwise qualified to participate who was

21 excluded from participation by reason of the age restriction

22 removed by Public Act 79-1165 may elect to participate by

23 making a written application to the Board before January 1,

24 1990. Persons so electing shall begin participation on the

25 first day of the month following the date of application. Such

26 persons may also elect to establish creditable service for

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1 periods of employment as a police officer during which they did

2 not participate by paying into the police pension fund, before

3 January 1, 1990, the amount that the person would have

4 contributed had deductions from salary been made for such

5 purpose at the time such service was rendered, together with

6 interest thereon at 6% per annum from the time such service was

7 rendered until the date the payment is made.

8 (d) A person otherwise qualified to participate who was

9 excluded from participation by reason of the fitness

10 requirement removed by this amendatory Act of 1995 may elect to

11 participate by making a written application to the Board before

12 July 1, 1996. Persons so electing shall begin participation on

13 the first day of the month following the month in which the

14 application is received by the Board. These persons may also

15 elect to establish creditable service for periods of employment

16 as a police officer during which they did not participate by

17 paying into the police pension fund, before January 1, 1997,

18 the amount that the person would have contributed had

19 deductions from salary been made for this purpose at the time

20 the service was rendered, together with interest thereon at 6%

21 per annum, compounded annually, from the time the service was

22 rendered until the date of payment.

23 (e) A person employed by the Village of Shiloh who is

24 otherwise qualified to participate and was excluded from

25 participation by reason of his or her failure to make written

26 application to the Board within 3 months after receiving his or

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1 her first appointment or reappointment as required under

2 Section 3-106 may elect to participate by making a written

3 application to the Board before July 1, 2008. Persons so

4 electing shall begin participation on the first day of the

5 month following the month in which the application is received

6 by the Board. These persons may also elect to establish

7 creditable service for periods of employment as a police

8 officer during which they did not participate by paying into

9 the police pension fund, before January 1, 2009, the amount

10 that the person would have contributed had deductions from

11 salary been made for this purpose at the time the service was

12 rendered, together with interest thereon at 6% per annum,

13 compounded annually, from the time the service was rendered

14 until the date of payment. The Village of Shiloh must pay to

15 the System the corresponding employer contributions, plus

16 interest.

17 (f) A person who has entered into a personal services

18 contract to perform police duties for the Village of

19 Bartonville on or before the effective date of this amendatory

20 Act of the 96th General Assembly may be appointed as an officer

21 in the Village of Bartonville within 6 months after the

22 effective date of this amendatory Act, but shall be excluded

23 from participating under this Article.

24 (g) A person employed by the Village of Glen Carbon who is

25 otherwise qualified to participate and was excluded from

26 participation by reason of his or her failure to make written

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1 application to the Board within 3 months after receiving his or

2 her first appointment or reappointment as required under

3 Section 3-106 may elect to participate by making a written

4 application to the Board before January 1, 2011. Persons so

5 electing shall begin participation on the first day of the

6 month following the month in which the application is received

7 by the Board. These persons may also elect to establish

8 creditable service for periods of employment as a police

9 officer during which they did not participate by paying into

10 the police pension fund, before July 1, 2011, (i) employee

11 contributions that the person would have contributed had

12 deductions from salary been made for this purpose at the time

13 the service was rendered, (ii) employer contributions that the

14 employer would have contributed had deductions from salary been

15 made for this purpose at the time the service was rendered,

16 plus (iii) interest on items (i) and (ii) at the actuarially

17 assumed interest rate, compounded annually, from the time the

18 service was rendered until the date of payment.

19 (Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09;

20 96-1252, eff. 7-23-10.)