HB4760 96TH GENERAL ASSEMBLY

LRB096 16201 AMC 31456 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4760

Introduced 1/11/2010, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

40 ILCS 5/7-109.3	from Ch. 108 1/2, par. 7-109.3
40 ILCS 5/7-109.4 new
30 ILCS 805/8.34 new

Amends the IMRF Article of the Illinois Pension Code. Provides that an elected or appointed coroner may elect to participate in the Fund as a sheriff's law enforcement employee (SLEP). Allows conversion of prior service. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT in relation to 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 Section 7-109.3 and adding Section 7-109.4 as follows:

(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)

Sec. 7-109.3. "Sheriff's Law Enforcement Employees".

(a) "Sheriff's law enforcement employee" or "SLEP" means:

(1) A county sheriff and all deputies, other than special deputies, employed on a full time basis in the office of the sheriff.

(2) A person who has elected to participate in this Fund under Section 3-109.1 of this Code, and who is employed by a participating municipality to perform police duties.

(3) A law enforcement officer employed on a full time basis by a Forest Preserve District, provided that such officer shall be deemed a "sheriff's law enforcement employee" for the purposes of this Article, and service in that capacity shall be deemed to be service as a sheriff's law enforcement employee, only if the board of commissioners of the District have so elected by adoption of an affirmative resolution. Such election, once made, may not be rescinded.

(4) A person not eligible to participate in a fund established under Article 3 of this Code who is employed on a full-time basis by a participating municipality or participating instrumentality to perform police duties at an airport, but only if the governing authority of the employer has approved sheriff's law enforcement employee status for its airport police employees by adoption of an affirmative resolution. Such approval, once given, may not be rescinded.

(5) An elected or appointed coroner who has elected to participate in this Fund as a sheriff's law enforcement employee under Section 3-109.4.

(b) An employee who is a sheriff's law enforcement employee and is granted military leave or authorized leave of absence shall receive service credit in that capacity. Sheriff's law enforcement employees shall not be entitled to out-of-State service credit under Section 7-139.

(Source: P.A. 92-16, eff. 6-28-01.)

(40 ILCS 5/7-109.4 new)

Sec. 7-109.4. SLEP credit for coroner.

(a) An elected or appointed coroner who participates in the Fund may elect to participate as a sheriff's law enforcement employee.

(b) An elected or appointed coroner who has elected to participate in the Fund as a sheriff's law enforcement employee may have his or her service as a coroner prior to the date of that election deemed service as a sheriff's law enforcement employee by paying to the Fund the additional contribution required under Section 7-173.1, plus interest thereon at the effective rate from the date of the service to the date of payment.

Section 90. The State Mandates Act is amended by adding Section 8.34 as follows:

(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 implementation of any mandate created by this amendatory Act of the 96th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.