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Public Act 096-1252
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| HB6152 Enrolled | LRB096 18653 AMC 34037 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Section 3-109 as follows:
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(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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Sec. 3-109. Persons excluded.
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(a) The following persons shall not be eligible to |
participate in a fund
created under this Article:
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(1) part-time police officers, special police |
officers, night watchmen,
temporary employees, traffic |
guards or so-called auxiliary police officers
specially |
appointed to aid or direct traffic at or near schools or |
public
functions, or to aid in civil defense, municipal |
parking lot attendants,
clerks or other civilian employees |
of a police department who perform
clerical duties |
exclusively;
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(2) any police officer who fails to pay the |
contributions required
under Section 3-125.1, computed (i) |
for funds established prior to August
5, 1963, from the |
date the municipality established the fund or the date of
a |
police officer's first appointment (including an |
appointment on probation),
whichever is later, or (ii) for |
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funds established after August 5, 1963,
from the date, as |
determined from the statistics or census provided in
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Section 3-103, the municipality became subject to this |
Article by attaining
the minimum population or by |
referendum, or the date of a police officer's
first |
appointment (including an appointment on probation), |
whichever is
later, and continuing during his or her entire |
service as a police officer; and
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(3) any person who has elected under Section 3-109.1 to |
participate in
the Illinois Municipal Retirement Fund |
rather than in a fund established
under this Article, |
without regard to whether the person continues to be
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employed as chief of police or is employed in some other |
rank or capacity
within the police department, unless the |
person has lawfully rescinded that
election.
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(b) A police officer who is reappointed shall, before being |
declared
eligible to participate in the pension fund, repay to |
the fund as required
by Section 3-124 any refund received |
thereunder.
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(c) Any person otherwise qualified to participate who was
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excluded from participation by reason of the age restriction |
removed by
Public Act 79-1165 may elect to participate by |
making a written application
to the Board before January 1, |
1990. Persons so electing shall begin
participation on the |
first day of the month following the date of
application. Such |
persons may also elect to establish creditable service
for |
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periods of employment as a police officer during which they did |
not
participate by paying into the police pension fund, before |
January 1, 1990,
the amount that the person would have |
contributed had deductions from
salary been made for such |
purpose at the time such service was rendered,
together with |
interest thereon at 6% per annum from the time such service
was |
rendered until the date the payment is made.
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(d) A person otherwise qualified to participate who was |
excluded from
participation by reason of the fitness |
requirement removed by this amendatory
Act of 1995 may elect to |
participate by making a written application to the
Board before |
July 1, 1996. Persons so electing shall begin participation on
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the first day of the month following the month in which the |
application is
received by the Board. These persons may also |
elect to establish creditable
service for periods of employment |
as a police officer during which they did not
participate by |
paying into the police pension fund, before January 1, 1997, |
the
amount that the person would have contributed had |
deductions from salary been
made for this purpose at the time |
the service was rendered, together with
interest thereon at 6% |
per annum, compounded annually, from the time the
service was |
rendered until the date of payment.
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(e) A person employed by the Village of Shiloh who is |
otherwise qualified to participate and was excluded from
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participation by reason of his or her failure to make written |
application to the Board within 3 months after receiving his or |
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her first appointment or reappointment as required under |
Section 3-106 may elect to participate by making a written |
application to the
Board before July 1, 2008. Persons so |
electing shall begin participation on
the first day of the |
month following the month in which the application is
received |
by the Board. These persons may also elect to establish |
creditable
service for periods of employment as a police |
officer during which they did not
participate by paying into |
the police pension fund, before January 1, 2009, the
amount |
that the person would have contributed had deductions from |
salary been
made for this purpose at the time the service was |
rendered, together with
interest thereon at 6% per annum, |
compounded annually, from the time the
service was rendered |
until the date of payment. The Village of Shiloh must pay to |
the System the corresponding employer contributions, plus |
interest.
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(f) A person who has entered into a personal services |
contract to perform police duties for the Village of |
Bartonville on or before the effective date of this amendatory |
Act of the 96th General Assembly may be appointed as an officer |
in the Village of Bartonville within 6 months after the |
effective date of this amendatory Act, but shall be excluded |
from participating under this Article. |
(g) A person employed by the Village of Glen Carbon who is |
otherwise qualified to participate and was excluded from
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participation by reason of his or her failure to make written |
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application to the Board within 3 months after receiving his or |
her first appointment or reappointment as required under |
Section 3-106 may elect to participate by making a written |
application to the
Board before January 1, 2011. Persons so |
electing shall begin participation on
the first day of the |
month following the month in which the application is
received |
by the Board. These persons may also elect to establish |
creditable
service for periods of employment as a police |
officer during which they did not
participate by paying into |
the police pension fund, before July 1, 2011, (i) employee |
contributions that the person would have contributed had |
deductions from salary been
made for this purpose at the time |
the service was rendered, (ii) employer contributions that the |
employer would have contributed had deductions from salary been
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made for this purpose at the time the service was rendered, |
plus (iii) interest on items (i) and (ii) at the actuarially |
assumed interest rate, compounded annually, from the time the
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service was rendered until the date of payment. |
(Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09.)
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Section 90. The State Mandates Act is amended by adding |
Section 8.34 as follows:
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(30 ILCS 805/8.34 new) |
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by the State is required for the |