Illinois General Assembly - Full Text of HB4209
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Full Text of HB4209  102nd General Assembly

HB4209enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4209 EnrolledLRB102 20423 RPS 29284 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 3-110.10 and 7-139.14 as follows:
 
6    (40 ILCS 5/3-110.10)
7    Sec. 3-110.10. Transfer from Article 7. Until January 1,
82009, a person may transfer to a fund established under this
9Article up to 8 years of creditable service accumulated under
10Article 7 of this Code upon payment to the fund of an amount to
11be determined by the board, equal to (i) the difference
12between the amount of employee and employer contributions
13transferred to the fund under Section 7-139.11 and the amounts
14that would have been contributed had such contributions been
15made at the rates applicable to an employee under this
16Article, plus (ii) interest thereon at the actuarially assumed
17rate, compounded annually, from the date of service to the
18date of payment.
19    No later than September 30, 2023 6 months after the
20effective date of this amendatory Act of the 102nd General
21Assembly, a person may transfer to a fund established under
22this Article creditable service accumulated under Article 7 of
23this Code for service as a sheriff's law enforcement employee,

 

 

HB4209 Enrolled- 2 -LRB102 20423 RPS 29284 b

1person employed by a participating municipality to perform
2police duties, or law enforcement officer employed on a
3full-time basis by a forest preserve district, or person
4employed by a participating municipality or instrumentality to
5perform administrative duties related to law enforcement upon
6payment to the fund of an amount to be determined by the board,
7equal to (i) the difference between the amount of employee and
8employer contributions transferred to the fund under Section
97-139.14 and the amounts that would have been contributed had
10such contributions been made at the rates applicable to an
11employee under this Article, plus (ii) interest thereon at the
12actuarially assumed rate, compounded annually, from the date
13of service to the date of payment.
14(Source: P.A. 102-113, eff. 7-23-21.)
 
15    (40 ILCS 5/7-139.14)
16    Sec. 7-139.14. Transfer to Article 3 pension fund.
17    (a) No later than June 30, 2023 Within 6 months after the
18effective date of this amendatory Act of the 102nd General
19Assembly, an active member of a pension fund established under
20Article 3 of this Code may apply for transfer to that Article 3
21pension fund of his or her credits and creditable service
22accumulated in this Fund for service as a sheriff's law
23enforcement employee, person employed by a participating
24municipality to perform police duties, or law enforcement
25officer employed on a full-time basis by a forest preserve

 

 

HB4209 Enrolled- 3 -LRB102 20423 RPS 29284 b

1district, or person employed by a participating municipality
2or instrumentality to perform administrative duties related to
3law enforcement. The creditable service shall be transferred
4only upon payment by this Fund to such Article 3 pension fund
5of an amount equal to:
6        (1) the amounts accumulated to the credit of the
7    applicant for the service to be transferred, including
8    interest; and
9        (2) an amount representing employer contributions,
10    equal to the total amount determined under item (1); and
11        (3) any interest paid by the applicant to reinstate
12    such service.
13    Participation in this Fund as to any credits transferred
14under this Section shall terminate on the date of transfer.
15    (b) Notwithstanding any other provision of this Code, any
16person applying to transfer service under this Section may
17reinstate credits and creditable service terminated upon
18receipt of a separation benefit by paying to the Fund the
19amount of the separation benefit plus interest thereon at the
20actuarially assumed rate of interest to the date of payment.
21Such payment must be made within 60 90 days after notification
22by the Fund of the cost of such reinstatement.
23(Source: P.A. 102-113, eff. 7-23-21.)
 
24    Section 10. The Illinois Pension Code is amended by adding
25Section 3-110.13 and by changing Section 15-134.4 as follows:
 

 

 

HB4209 Enrolled- 4 -LRB102 20423 RPS 29284 b

1    (40 ILCS 5/3-110.13 new)
2    Sec. 3-110.13. Transfer from Article 15. No later than
3June 30, 2023, a person may irrevocably apply under Section
415-134.4 to transfer to a fund established under this Article
5creditable service accumulated under Article 15 of this Code
6for service as a police officer upon payment to the fund of an
7amount, to be determined by the board, equal to (i) the
8difference between the amount of employee and employer
9contributions transferred to the fund under Section 15-134.4
10and the amounts that would have been contributed had such
11contributions been made at the rates applicable to an employee
12under this Article, plus (ii) interest thereon at the
13actuarially assumed rate, compounded annually, from the date
14of service to the date of payment.
 
15    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)
16    Sec. 15-134.4. Transfer of creditable service to an
17Article 3 pension fund, the Article 5 Pension Fund, or the
18Article 14 System.
19    (a) An active member of the Pension Fund established under
20Article 5 of this Code may apply, not later than January 1,
211990, to transfer his or her credits and creditable service
22accumulated under this System for service with the City
23Colleges of Chicago teaching in the Criminal Justice Program,
24to the Article 5 Fund. Such credits and creditable service

 

 

HB4209 Enrolled- 5 -LRB102 20423 RPS 29284 b

1shall be transferred forthwith.
2    Payment by this System to the Article 5 Fund shall be made
3at the same time and shall consist of:
4        (1) the amounts credited to the applicant for such
5    service through employee contributions, including
6    interest, as of the date of transfer; and
7        (2) employer contributions equal in amount to the
8    accumulated employee contributions as determined in item
9    (1).
10Participation in this System with respect to such credits
11shall terminate on the date of transfer.
12    (b) Any active member of the State Employees' Retirement
13System who is a State policeman, an investigator for the
14Secretary of State, or a conservation police officer, and who
15is not a participating employee in this System, may apply for
16transfer of some or all of his or her creditable service
17accumulated in this System for service as a police officer to
18the State Employees' Retirement System in accordance with
19Section 14-110. The creditable service shall be transferred
20only upon payment by this System to the State Employees'
21Retirement System of an amount equal to:
22        (1) the amounts accumulated to the credit of the
23    applicant for the service to be transferred, including
24    interest, as of the date of transfer, and any interest
25    paid by the applicant to reinstate such service; and
26        (2) employer contributions equal in amount to the

 

 

HB4209 Enrolled- 6 -LRB102 20423 RPS 29284 b

1    accumulated employee contributions as determined in item
2    (1). ; and
3        (3) any interest paid by the applicant to reinstate
4    such service.
5Participation in this System as to any credits transferred
6under this Section shall terminate on the date of transfer.
7    (c) Any person applying to transfer service under
8subsection (b) may reinstate credits and creditable service
9terminated upon receipt of a refund by paying to the System the
10amount of the refund plus interest thereon at the rate of 6%
11per year from the date of the refund to the date of payment.
12    (d) No later than June 30, 2023, any active member of a
13pension fund established under Article 3 of this Code who is
14not a participating employee in this System may apply for
15transfer of some or all of his or her creditable service
16accumulated in this System for service as a police officer to
17that Article 3 pension fund in accordance with Section
183-110.13. The creditable service shall be transferred only
19upon payment by this System to that Article 3 pension fund of
20an amount equal to:
21        (1) the amounts accumulated to the credit of the
22    applicant for the service to be transferred, including
23    interest, as of the date of transfer, and any interest
24    paid by the applicant to reinstate such service; and
25        (2) employer contributions equal in amount to the
26    accumulated employee contributions as determined in item

 

 

HB4209 Enrolled- 7 -LRB102 20423 RPS 29284 b

1    (1).
2    Participation in this System as to any credits transferred
3under this Section shall terminate on the date of transfer.
4    (e) An application to transfer credits and creditable
5service under this Section shall be irrevocable.
6(Source: P.A. 95-530, eff. 8-28-07.)
 
7    Section 15. The Illinois Pension Code is amended by adding
8Sections 3-110.14 and 7-139.1a as follows:
 
9    (40 ILCS 5/3-110.14 new)
10    Sec. 3-110.14. Transfer to Article 7. On and after July 1,
112022 but no later than December 1, 2023, a participating
12employee who is actively employed as a sheriff's law
13enforcement employee under Article 7 may make a written
14election to transfer up to 10 years of creditable service from
15a fund established under this Article to the Illinois
16Municipal Retirement Fund established under Article 7. Upon
17receiving a written election by a participant under this
18Section, the creditable service shall be transferred to the
19Illinois Municipal Retirement Fund as soon as practicable upon
20payment by the police pension fund to the Illinois Municipal
21Retirement Fund of an amount equal to:
22        (1) the amounts accumulated to the credit of the
23    applicant on the books of the fund on the date of the
24    transfer; and

 

 

HB4209 Enrolled- 8 -LRB102 20423 RPS 29284 b

1        (2) employer contributions in an amount equal to the
2    amount determined under paragraph (1).
3Participation in the police pension fund with respect to the
4service to be transferred shall terminate on the date of
5transfer. This Section does not allow reinstatement of credits
6in this Article that were previously forfeited.
 
7    (40 ILCS 5/7-139.1a new)
8    Sec. 7-139.1a. Transfer from Article 3. On and after July
91, 2022 but no later than January 1, 2023, a participating
10sheriff's law enforcement employee may elect to transfer up to
1110 years of service credit to the Fund as set forth in Section
123-110.14. To establish creditable service under this Section,
13the sheriff's law enforcement employee may elect to do either
14of the following:
15        (1) pay to the Fund an amount to be determined by the
16    Board, equal to (i) the difference between the amount of
17    employee and employer contributions transferred to the
18    Fund under Section 3-110.14 and the amounts that would
19    have been contributed had such contributions been made at
20    the rates applicable to a sheriff's law enforcement
21    employee under this Article, plus (ii) interest thereon at
22    the actuarially assumed rate, compounded annually, from
23    the date of service to the date of payment; or
24        (2) have the amount of his or her creditable service
25    established under this Section reduced by an amount

 

 

HB4209 Enrolled- 9 -LRB102 20423 RPS 29284 b

1    corresponding to the amount by which (i) the employer and
2    employee contributions that would have been required if he
3    or she had participated in the Fund as a sheriff's law
4    enforcement employee during the period for which credit is
5    being transferred, plus interest thereon at the
6    actuarially assumed rate, compounded annually, from the
7    date of termination of the service for which credit is
8    being transferred to the date of payment, exceeds (ii) the
9    amount actually transferred to the Fund.
10    Notwithstanding the amount transferred by the Article 3
11fund pursuant to Section 3-110.14, in no event shall the
12service credit established under this Section exceed the
13lesser of 10 years or the actual amount of service credit that
14had been earned in the Article 3 fund. If an amount greater
15than the amount described under paragraph (1) is transferred
16to the Fund, the additional amount shall be credited to the
17account of the sheriff's law enforcement employee's employer.
 
18    Section 90. The State Mandates Act is amended by adding
19Section 8.46 as follows:
 
20    (30 ILCS 805/8.46 new)
21    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
228 of this Act, no reimbursement by the State is required for
23the implementation of any mandate created by this amendatory
24Act of the 102nd General Assembly.
 

 

 

HB4209 Enrolled- 10 -LRB102 20423 RPS 29284 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law, except that Sections 5 and 10 take effect
3January 1, 2023.