SB1423sam001 101ST GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 3/8/2019

10100SB1423sam001 LRB101 08143 RPS 57363 a

AMENDMENT TO SENATE BILL 1423

AMENDMENT NO. ______. Amend Senate Bill 1423 as follows:

on page 1, line 5, by replacing "14-110" with "7-139.8, 14-110,"; and

on page 1, line 5, after "14-152.1" by inserting "and by adding Section 4-108.9"; and

on page 1, immediately below line 5, by inserting the following:

"(40 ILCS 5/4-108.7 new)

Sec. 4-108.7. Transfer of creditable service to the State Employees' Retirement System.

(a) Any active member of the State Employees' Retirement System who is an arson investigator may apply for transfer of some or all of his or her credits and creditable service accumulated in any firefighters' pension fund under this Article to the State Employees' Retirement System in accordance with Section 14-110. The creditable service shall be transferred only upon payment by the firefighters' pension fund 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 on file with the fund on the date of transfer;

(2) employer contributions in an amount equal to the amount determined under paragraph (1); and

(3) any interest paid by the applicant in order to reinstate service to be transferred.

Participation in the firefighters' pension fund with respect to the service to be transferred shall terminate on the date of transfer.

(b) Any person applying to transfer service under this Section may reinstate service that was terminated by receipt of a refund, by paying to the firefighters' pension fund the amount of the refund with interest thereon at the actuarially assumed rate of interest, compounded annually, from the date of refund to the date of payment.

(40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)

Sec. 7-139.8. Transfer to Article 14 System.

(a) Any active member of the State Employees' Retirement System who is a State policeman, an investigator for the Secretary of State, a conservation police officer, an investigator for the Office of the Attorney General, an investigator for the Department of Revenue, a Commerce Commission police officer, an investigator for the Office of the State's Attorneys Appellate Prosecutor, or a controlled substance inspector may apply for transfer of some or all 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 to the State Employees' Retirement System in accordance with Section 14-110. The creditable service shall be transferred only upon payment by this Fund 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; and

(2) municipality credits based on such service, including interest; 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) 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.

(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)"; and

on page 19, line 16, after "policeman" by inserting ", arson investigator, or Commerce Commission police officer"; and

on page 19, line 19, by deleting "or"; and

on page 19, line 20, by replacing "9" with "9, or a firefighter under Article 4"; and

on page 19, line 25, by replacing "7-139.8" with "4-108.7, 7-139.8,"; and

on page 26, immediately below line 4, by inserting the following:

"Section 90. The State Mandates Act is amended by adding Section 8.43 as follows:

(30 ILCS 805/8.43 new)

Sec. 8.43. 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 101st General Assembly.".