Public Act 102-1061
 
HB4209 EnrolledLRB102 20423 RPS 29284 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
 
    Section 5. The Illinois Pension Code is amended  by 
changing Sections 3-110.10 and 7-139.14 as follows:
 
    (40 ILCS 5/3-110.10)

    Sec. 3-110.10. Transfer from Article 7. Until January 1, 
2009, a person may transfer to a fund established under this 
Article up to 8 years of creditable service accumulated under 
Article 7 of this Code upon payment to the fund of an amount to 
be determined by
the board, equal to (i) the difference 
between the amount of
employee and employer contributions 
transferred to the fund
under Section 7-139.11 and the amounts 
that would have been contributed had such
contributions been 
made at the rates applicable to an employee under this 
Article, plus (ii) interest thereon at the actuarially assumed 
rate, compounded annually, from the date of service to the

date of payment.

    No later than September 30, 2023 6 months after the 
effective date of this amendatory Act of the 102nd General 
Assembly, a person may transfer to a fund established under 
this Article creditable service accumulated under Article 7 of 
this Code for service as a sheriff's law enforcement employee, 
person employed by a participating municipality to perform 
police duties, or law enforcement officer employed on a 
full-time basis by a forest preserve district, or person 
employed by a participating municipality or instrumentality to 
perform administrative duties related to law enforcement upon 
payment to the fund of an amount to be determined by the board, 
equal to (i) the difference between the amount of employee and 
employer contributions transferred to the fund under Section 
7-139.14 and the amounts that would have been contributed had 
such contributions been made at the rates applicable to an 
employee under this Article, plus (ii) interest thereon at the 
actuarially assumed rate, compounded annually, from the date 
of service to the date of payment. 
(Source: P.A. 102-113, eff. 7-23-21.)
 
    (40 ILCS 5/7-139.14)
    Sec. 7-139.14. Transfer to Article 3 pension fund.
    (a) No later than June 30, 2023 Within 6 months after the 
effective date of this amendatory Act of the 102nd General 
Assembly, an active member of a pension fund established under 
Article 3 of this Code may apply for transfer to that Article 3 
pension fund of his or her credits and creditable service 
accumulated in this Fund for service as a sheriff's law 
enforcement employee, person employed by a participating 
municipality to perform police duties, or law enforcement 
officer employed on a full-time basis by a forest preserve 
district, or person employed by a participating municipality 
or instrumentality to perform administrative duties related to 
law enforcement. The creditable service shall be transferred 
only upon payment by this Fund to such Article 3 pension fund 
of an amount equal to:
        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred, including 
    interest; and
        (2) an amount representing employer contributions, 
    equal to the total amount determined under item (1); and
        (3) any interest paid by the applicant to reinstate 
    such service.
    Participation in this Fund as to any credits transferred 
under this Section shall terminate on the date of transfer.
    (b) Notwithstanding any other provision of this Code, any 
person applying to transfer service under this Section may 
reinstate credits and creditable service terminated upon 
receipt of a separation benefit by paying to the Fund the 
amount of the separation benefit plus interest thereon at the 
actuarially assumed rate of interest to the date of payment. 
Such payment must be made within 60 90 days after notification 
by the Fund of the cost of such reinstatement.

(Source: P.A. 102-113, eff. 7-23-21.)
 
    Section 10. The Illinois Pension Code is amended by adding 
Section 3-110.13 and by changing Section 15-134.4 as follows:
 
    (40 ILCS 5/3-110.13 new)
    Sec. 3-110.13. Transfer from Article 15. No later than 
June 30, 2023, a person may irrevocably apply under Section 
15-134.4 to transfer to a fund established under this Article 
creditable service accumulated under Article 15 of this Code 
for service as a police officer upon payment to the fund of an 
amount, to be determined by the board, equal to (i) the 
difference between the amount of employee and employer 
contributions transferred to the fund under Section 15-134.4 
and the amounts that would have been contributed had such 
contributions been made at the rates applicable to an employee 
under this Article, plus (ii) interest thereon at the 
actuarially assumed rate, compounded annually, from the date 
of service to the date of payment.
 



    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)



    Sec. 15-134.4. Transfer of creditable service to an 
Article 3 pension fund, the
Article 5 Pension Fund, or the 
Article 14 System.

    (a) An active member of the Pension Fund established under 
Article 5 of this
Code may apply, not later than January 1, 
1990, to transfer his or her
credits and creditable service

accumulated under this System for service with the City 
Colleges of Chicago
teaching  in the Criminal Justice Program, 
to the Article 5 Fund. Such
credits and creditable service 
shall be transferred forthwith.
    Payment by this
System to the Article 5 Fund shall be made 
at the same time and shall
consist of:
        (1) the amounts credited to the applicant for such 
    service
through employee contributions, including 
    interest, as of the date of
transfer; and
        (2) employer contributions equal in amount to the 
    accumulated
employee contributions as determined in item 
    (1).

Participation in this
System with respect to such credits 
shall terminate on the date of transfer.

    (b) Any active member of the State Employees' Retirement 
System who is
a State policeman, an investigator for the 
Secretary of State, or a conservation police officer, and who 
is not a participating employee in this System, may apply for 
transfer of
 some or all of his or her creditable service 
accumulated
in this System for service as a police officer to 
the State Employees'
Retirement System in accordance with 
Section 14-110.  The creditable service shall be transferred 
only upon payment
by this System to the State Employees' 
Retirement System of an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred, including 
    interest, as of the date of transfer, and any interest 
    paid by the applicant to reinstate such service; and


        (2)  employer contributions equal in amount to the 
    accumulated
employee contributions as determined in item 
    (1). ; and


        (3) any interest paid by the applicant to reinstate 
    such service.

Participation in this System as to any credits transferred 
under this
Section shall terminate on the date of transfer.

    (c) Any person applying to transfer service under 
subsection (b) may reinstate credits and
creditable service 
terminated upon receipt of a refund by paying
to the System the 
amount of the refund plus interest thereon at the
rate of 6% 
per year from the date of the refund to the date of payment.
    (d) No later than June 30, 2023, any active member of a 
pension fund established under Article 3 of this Code who is 
not a participating employee in this System may apply for 
transfer of some or all of his or her creditable service 
accumulated in this System for service as a police officer to 
that Article 3 pension fund in accordance with Section 
3-110.13.  The creditable service shall be transferred only 
upon payment by this System to that Article 3 pension fund of 
an amount equal to:
        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred, including 
    interest, as of the date of transfer, and any interest 
    paid by the applicant to reinstate such service; and
        (2) employer contributions equal in amount to the 
    accumulated employee contributions as determined in item 
    (1).
    Participation in this System as to any credits transferred 
under this Section shall terminate on the date of transfer. 
    (e) An application to transfer credits and creditable 
service under this Section shall be irrevocable. 
(Source: P.A. 95-530, eff. 8-28-07.)

 
    Section 15. The Illinois Pension Code is amended by adding 
Sections 3-110.14 and  7-139.1a as follows:
 
    (40 ILCS 5/3-110.14 new)
    Sec. 3-110.14. Transfer to Article 7. On and after July 1, 
2022 but no later than December 1, 2023, a participating 
employee who is actively employed as a sheriff's law 
enforcement employee under Article 7 may make a written 
election to transfer up to 10 years of creditable service from 
a fund established under this Article to the Illinois 
Municipal Retirement Fund established under Article 7. Upon 
receiving a written election by a participant under this 
Section, the creditable service shall be transferred to the 
Illinois Municipal Retirement Fund as soon as practicable upon 
payment by the police pension fund to the Illinois Municipal 
Retirement Fund of an amount equal to:
        (1) the amounts accumulated to the credit of the 
    applicant on the books of the fund on the date of the 
    transfer; and 
        (2) employer contributions in an amount equal to the 
    amount determined under paragraph (1). 
Participation in the police pension fund with respect to the 
service to be transferred shall terminate on the date of 
transfer. This Section does not allow reinstatement of credits 
in this Article that were previously forfeited. 
 
    (40 ILCS 5/7-139.1a new)
    Sec. 7-139.1a. Transfer from Article 3. On and after July 
1, 2022 but no later than January 1, 2023, a participating 
sheriff's law enforcement employee may elect to transfer up to 
10 years of service credit to the Fund as set forth in Section 
3-110.14.  To establish creditable service under this Section, 
the sheriff's law enforcement employee may elect to do either 
of the following:
        (1) pay to the Fund an amount to be determined by the 
    Board, equal to (i) the difference between the amount of 
    employee and employer contributions transferred to the 
    Fund under Section 3-110.14 and the amounts that would 
    have been contributed had such contributions been made at 
    the rates applicable to a sheriff's law enforcement 
    employee under this Article, plus (ii) interest thereon at 
    the actuarially assumed rate, compounded annually, from 
    the date of service to the date of payment; or 
        (2) have the amount of his or her creditable service 
    established under this Section reduced by an amount 
    corresponding to the amount by which (i) the employer and 
    employee contributions that would have been required if he 
    or she had participated in the Fund as a sheriff's law 
    enforcement employee during the period for which credit is 
    being transferred, plus interest thereon at the 
    actuarially assumed rate, compounded annually, from the 
    date of termination of the service for which credit is 
    being transferred to the date of payment, exceeds (ii) the 
    amount actually transferred to the Fund.
    Notwithstanding the amount transferred by the Article 3 
fund pursuant to Section 3-110.14, in no event shall the 
service credit established under this Section exceed the 
lesser of 10 years or the actual amount of service credit that 
had been earned in the Article 3 fund. If an amount greater 
than the amount described under paragraph (1) is transferred 
to the Fund, the additional amount shall be credited to the 
account of the sheriff's law enforcement employee's employer. 
 
    Section 90. The State Mandates Act is amended by adding 
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. 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 102nd General Assembly.
  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law, except that Sections 5 and 10 take effect  
January 1, 2023.