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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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