96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5389


 
Introduced 2/5/2010, by Rep. Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 		





 








40 ILCS 5/5-214
  from Ch. 108 1/2, par. 5-214








     Amends the Chicago Police Article of the Illinois Pension Code. Provides that credit for certain service other than service under the Article may be granted only to a person who first became a participant in the fund before the effective date of the amendatory Act. 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









 




  






HB5389

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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 
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Section 5-214 as follows:
 



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    (40 ILCS 5/5-214)  (from Ch. 108 1/2, par. 5-214)



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    Sec. 5-214. Credit for other service. Credit under this 
8
Section may be granted only to a person who first became a 
9
participant in this fund before the effective date of this 
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amendatory Act of the 96th General Assembly. 
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    Any participant in this fund (other
than a member of the 
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fire department of the city) who has rendered service
as a 
13
member of the police department of the city for a period of 3 
14
years
or more is entitled to credit for the various purposes of 
15
this Article for
service rendered prior to becoming a member or 
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subsequent thereto for the
following periods:


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        (a) While on leave of absence from the police 
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    department assigned or
detailed to investigative, 
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    protective, security or police work for the park
district 
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    of the city, the department of the Port of Chicago or the 
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    sanitary
district in which the city is located.


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        (b) As a temporary police officer in the city or while 
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    serving in the
office of the mayor or in the office of the 
 


 






HB5389
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1
    corporation counsel, as a
member of the city council of the 
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    city, as an employee of the Policemen's
Annuity and Benefit 
3
    Fund created by this Article, as the head
of an 
4
    organization whose membership consists of members of the 
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    police
department, the Public Vehicle License Commission 
6
    and the board of election
commissioners of the city.


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        (c) While performing safety or investigative work for 
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    the county in which
such city is principally located or for 
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    the State of Illinois or for the
federal government, on 
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    leave of absence from the department of police, or
while 
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    performing investigative work for the department as a 
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    civilian
employee of the department.


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        (d) While on leave of absence from the police 
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    department of the city
and serving as the chief of police 
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    of a police department outside the city.

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    No credit shall be granted in this fund, however, for this 
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service if the
policeman has credit therefor in any other 
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annuity and benefit fund, or
unless he contributes to this fund 
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the amount he would have contributed
with interest had he 
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remained an active member of the police department
in the 
21
position he occupied as a result of a civil service competitive

22
examination, certification and appointment by the Civil 
23
Service Board; or
in the case of a city operating under the 
24
provisions of a personnel ordinance
the position he occupied as 
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a result of a personnel ordinance competitive
examination 
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certification and appointment under the authority of a 
 


 






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Municipal
Personnel ordinance.

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    Concurrently with such contributions, the city shall 
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contribute the amounts
provided by this Article.  No credit 
4
shall be allowed for any period of
time for which contributions 
5
by the policeman have not been paid.  The period
of service 
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rendered by such policeman prior to the date he became a member

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of the police department of the city or while detailed, 
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assigned or on leave
of absence and employed in any of the 
9
departments set forth hereinabove
in this Section for which 
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such policeman has contributed to this fund shall
be credited 
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to him as service for all the purposes of this Article, except

12
that he shall not have any of the rights conferred by the 
13
provisions of
Sections 5-127 and 5-162 of this Article.

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    The changes in this Section made by Public Act 86-273 shall 
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apply to members
of the fund who have not begun receiving a 
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pension under this Article on August
23, 1989, without regard 
17
to whether employment is terminated before that date.

18
(Source: P.A. 86-273; 87-1265.)

 
 
19
    Section 99. Effective date. This Act takes effect upon 
20
becoming law.