96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1149


 
Introduced 2/11/2009, by Rep. Susana A Mendoza
 
SYNOPSIS AS INTRODUCED:
 		








  



40 ILCS 5/9-128.1
  from Ch. 108 1/2, par. 9-128.1



30 ILCS 805/8.33 new










    Amends the Cook County Article of the Illinois Pension Code. Adds corrections officers  with the County Department of Corrections and County probation officers who withdraw or retire after December 31, 2009 to provisions concerning annuities for members of the County Police Department. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB1149

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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 9-128.1 as follows:
 



6
    (40 ILCS 5/9-128.1)  (from Ch. 108 1/2, par. 9-128.1)



7
    Sec. 9-128.1. Annuities for members of the County Police 
8
Department and  the County Department of Corrections and County 
9
probation officers. 

10
    (a) In lieu of the regular or minimum annuity or annuities 
11
for any deputy
sheriff who is a member of a County Police 
12
Department, he may, upon withdrawal
from service after not less 
13
than 20 years of service in the position of
deputy sheriff as 
14
defined below, upon
or after attainment of age 55, receive a 
15
total annuity equal to 2% for each
year of service based upon 
16
his highest average annual salary for any 4
consecutive years 
17
within the last 10 years of service immediately
preceding the 
18
date of withdrawal from service, subject to a maximum
annuity 
19
equal to 75% of such average annual salary.

20
    (b) Any deputy sheriff who withdraws from the service after 
21
July 1, 1979,
after having attained age 53 in the service with 
22
23 or more years of service
credit shall be entitled to an 
23
annuity computed as follows if
such annuity
is greater than 
 


 






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that provided in the foregoing paragraphs of this Section

2
9-128.1:  An annuity equal to 50% of the average salary for the 
3
4 highest
consecutive years of the last 10 years of service 
4
plus additional annuity
equal to 2% of such average salary for 
5
each completed year of service or
fraction thereof rendered 
6
after his attainment of age 53 and the completion
of 23 years 
7
of service, plus an additional annuity equal to 1% of
such

8
average salary for each completed year of service or fraction 
9
thereof in
excess of 23 years up to age 53.

10
    (c) Any deputy sheriff who withdraws from the service after 
11
December 31,
1987, any  corrections officer with the County 
12
Department of Corrections who withdraws from service after 
13
December 31, 2009, and any County probation officer who 
14
withdraws from service after December 31, 2009 with 20 or more 
15
years of service credit, shall be entitled, upon
attainment of 
16
age 50, to an annuity computed as follows if
such annuity is

17
greater than that provided in the foregoing paragraphs of this 
18
Section
9-128.1: An annuity equal to 50% of the average salary 
19
for the 4 highest
consecutive years of the last 10 years of 
20
service, plus additional annuity
equal to 2% of
such average 
21
salary for each completed year of service or
fraction thereof 
22
in excess of 20 years.

23
    (d) A deputy sheriff who reaches compulsory retirement age, 
24
a corrections officer with the County Department of Corrections 
25
who reaches compulsory retirement age after December 31, 2009, 
26
or a County probation officer who reaches compulsory retirement 
 


 






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age after December 31, 2009 and who has less
than 23 years of

2
service shall be entitled to a minimum annuity equal to
an 
3
amount determined by the product of (1) his years of service 
4
and (2)
2% of his average salary for the 4 consecutive highest 
5
years of salary within
the last 10 years of service immediately 
6
prior to his reaching compulsory
retirement age.

7
    (e) Any deputy sheriff who retires after January 1, 1984, 
8
any  corrections officer with the County Department of 
9
Corrections who retires after December 31, 2009, or any County 
10
probation officer who  retires after December 31, 2009 who and 
11
elects to
receive an annuity under this Section, and who has 
12
credits under this
Article for service not as a deputy sheriff, 
13
a corrections officer with the County Department of 
14
Corrections, or a County probation officer, shall be entitled 
15
to receive,
in addition to the amount of annuity otherwise 
16
provided under this Section,
an additional amount of annuity 
17
provided from the totals accumulated to his
 credit for prior 
18
service and age and service annuities for such service not
as a 
19
deputy sheriff, a corrections officer with the County 
20
Department of Corrections, or a County probation officer.

21
    (f) The term "deputy sheriff" means an employee charged 
22
with the duty of
law enforcement as a deputy sheriff as 
23
specified in Section 1 of "An Act
in relation to County Police 
24
Departments in certain Counties, creating a
County Police 
25
Department Merit Board and defining its powers and
duties", 
26
approved August 5, 1963, who rendered service in
such position

 


 






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before and after
such date.

2
    The terms "deputy sheriff" and "member of a County Police 
3
Department"
shall also include an elected sheriff of the county 
4
who has elected to become
a contributor and who has submitted 
5
to the board his written election to
be included within the 
6
provisions of this Section.  With respect to any
such sheriff, 
7
service as the elected sheriff of the county shall be deemed
to 
8
be service in the position of deputy sheriff for the purposes 
9
of this
Section provided that the employee contributions 
10
therefor are made at the
rate prescribed for members of the 
11
County Police Department.  A sheriff
electing to be included 
12
under this Section may also elect to have his service
as 
13
sheriff of the county before the date of
such election included 
14
as service
as a deputy sheriff for the purposes of this 
15
Section, by making an additional
contribution for each year of 
16
such service, equal to the difference between
the amount he 
17
would have contributed to the Fund during
such year had he
 been 
18
contributing at the rate then in effect for members of the 
19
County Police
Department and the amount actually contributed, 
20
plus interest thereon at
the rate of 6% per annum from the end 
21
of such year to the date of payment.

22
    (g) In no case shall an annual annuity provided in this 
23
Section 9-128.1
exceed 80% of the average annual salary for any 
24
4 consecutive years within
the last 10 years of service 
25
immediately preceding the date of withdrawal from
service.

26
    A deputy sheriff may in addition, be entitled to the 
 


 






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benefits provided by
Section 9-133 or 9-133.1 if he so 
2
qualifies under
such Sections.

3
    (h) A deputy sheriff may elect, between January 1 and 
4
January 15, 1983, to
transfer his creditable service as a 
5
member of the State Employees' Retirement
System of Illinois to 
6
any Fund established under this Article of which he
 is a 
7
member, and
such transferred creditable service shall be 
8
included as
service for the purpose of calculating his benefits 
9
under this Article to
the extent that the payment specified in 
10
Section 14-105.3 has been received
by
such Fund.

11
    (i) An active deputy sheriff who has at least 15 years of 
12
service
credit in that capacity may elect to have any or all of 
13
his credits under
this Article for service not as a deputy 
14
sheriff deemed to be credits for
service as a deputy sheriff, 
15
by filing a written election with the Board,
accompanied by 
16
payment of an amount to be determined by the Board, equal to

17
(1) the difference between the amount of employee contributions 
18
actually
contributed by the applicant for
such service not as a 
19
deputy sheriff, and
the amounts that would have been 
20
contributed had
such contributions been
made at the rates 
21
applicable to service as a deputy sheriff, plus (2)
interest 
22
thereon at the rate of 3% per annum, compounded annually, from 
23
the
date of service to the date of payment.

24
    (j) Beginning on the effective date of this amendatory Act 
25
of 1996, the
terms "deputy sheriff" and "member of a County 
26
Police Department" shall also
include any chief of the County 
 


 






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Police Department or undersheriff of the
County Sheriff's 
2
Department who has submitted to the board his or her written

3
election to be included within the provisions of this Section.  
4
With respect to
any such police chief or undersheriff, service 
5
as a chief of the County Police
Department or an undersheriff 
6
of the County Sheriff's Department shall be
deemed to be 
7
service in the position of deputy sheriff for the purposes of 
8
this
Section, provided that the employee contributions 
9
therefor are made at the rate
prescribed for members of the 
10
County Police Department.

11
    A chief of the County Police Department or undersheriff of 
12
the County
Sheriff's Department electing to be
included under 
13
this Section may also elect to have his or her service as chief

14
of the County Police Department or undersheriff of the County 
15
Sheriff's
Department before the date of the election included 
16
as service as a deputy
sheriff for the purposes of this 
17
Section, by making an additional contribution
for each year of 
18
such service, equal to the difference between the amount that

19
he or she would have contributed to the Fund during that year 
20
at the rate then
in effect for members of the County Police 
21
Department and the amount actually
contributed, plus interest 
22
thereon at the rate of 6% per year, compounded
annually, from 
23
the end of that year to the date of payment.

24
    A chief of the County Police Department or undersheriff of 
25
the County
Sheriff's Department who has elected to be included 
26
within the provisions of
this Section may transfer to this Fund 
 


 






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credits and creditable service
accumulated under any pension 
2
fund or retirement system established under
Article 3, 7, 8, 
3
14, or 15, upon payment to the Fund of (1) the amount by which

4
the employee contributions that would have been required if he 
5
or she had
participated in this Fund during the period for 
6
which credit is being
transferred, plus interest, plus an equal 
7
amount for employer
contributions, exceeds the amounts 
8
actually transferred from that other fund or
system to this 
9
Fund, plus (2) interest thereon at 6% per year, compounded

10
annually, from the date of transfer to the date of payment.

11
    A chief of the County Police Department or undersheriff of 
12
the County
Sheriff's Department may purchase credits and 
13
creditable service for up to 2
years of public employment 
14
rendered to an out-of-state public agency.  Payment
for that 
15
service shall be at the applicable rates in effect for employee 
16
and
employer contributions during the period for which credit 
17
is being purchased,
plus interest at the rate of 6% per year, 
18
compounded annually, from the date of
service until the date of 
19
payment.

20
(Source: P.A. 89-643, eff. 8-9-96.)


 
21
    Section 90. The State Mandates Act is amended by adding 
22
Section 8.33 as follows:
 
23
    (30 ILCS 805/8.33 new)
24
    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
 


 






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of this Act, no reimbursement by the State is required for the 
2
implementation of any mandate created by this amendatory Act of 
3
the 96th General Assembly.
 
4
    Section 99. Effective date. This Act takes effect upon 
5
becoming law.