Illinois General Assembly - Full Text of HB0426
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Full Text of HB0426  102nd General Assembly

HB0426eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0426 EngrossedLRB102 05185 RPS 15206 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 Section 5-214 as follows:
 
6    (40 ILCS 5/5-214)  (from Ch. 108 1/2, par. 5-214)
7    Sec. 5-214. Credit for other service. Any participant in
8this fund (other than a member of the fire department of the
9city) who has rendered service as a member of the police
10department of the city for a period of 3 years or more is
11entitled to credit for the various purposes of this Article
12for service rendered prior to becoming a member or subsequent
13thereto for the following periods:
14        (a) While on leave of absence from the police
15    department assigned or detailed to investigative,
16    protective, security or police work for the park district
17    of the city, the department of the Port of Chicago or the
18    sanitary district in which the city is located.
19        (b) As a temporary police officer in the city or while
20    serving in the office of the mayor or in the office of the
21    corporation counsel, as a member of the city council of
22    the city, as an employee of the Policemen's Annuity and
23    Benefit Fund created by this Article, as the head of an

 

 

HB0426 Engrossed- 2 -LRB102 05185 RPS 15206 b

1    organization whose membership consists of members of the
2    police department, the Public Vehicle License Commission
3    and the board of election commissioners of the city,
4    provided that, in each of these cases and for all periods
5    specified in this item (b), including those beginning
6    before the effective date of this amendatory Act of the
7    97th General Assembly, the police officer is on leave and
8    continues to remain in sworn status, subject to the
9    professional standards of the public employer or those
10    terms established in statute.
11        (c) While on leave of absence from the police
12    department of the city and assigned or detailed to
13    perform: (1) performing safety or investigative work as an
14    employee for the County of Cook, the State of Illinois, or
15    the federal government; or (2) county in which such city
16    is principally located or for the State of Illinois or for
17    the federal government, on leave of absence from the
18    department of police, or while performing investigative
19    work for the department while employed as a civilian
20    employee of the police department of the city.
21    Notwithstanding any other provision of law, the board may
22    shall reconsider an application for credit for service for
23    any active policeman assigned or detailed to perform
24    safety or investigative work as an employee for the County
25    of Cook, if such application under this item (c) that was
26    submitted after January 1, 1992 and before April 1, 2008

 

 

HB0426 Engrossed- 3 -LRB102 05185 RPS 15206 b

1    and was denied and the application for reconsideration is
2    made by December 21, 2022.
3        The changes made to this item (c) by this amendatory
4    Act of the 102nd General Assembly requiring an applicant
5    to have been on a leave of absence from the police
6    department of the city in order to obtain the requested
7    service credit while assigned or detailed to perform
8    safety or investigative work as an employee for the County
9    of Cook or assigned or detailed to perform investigative
10    work for the department while employed as a civilian
11    employee of the police department of the city are
12    operative beginning January 1, 2023.
13        In this item (c), "investigative work" requires a
14    systematic inquiry into the obtainment and examination of
15    facts and evidence and does not include the simple
16    gathering of information.
17        (d) While on leave of absence from the police
18    department of the city and serving as the chief of police
19    of a police department outside the city.
20    No credit shall be granted in this fund, however, for this
21service if (1) the policeman has credit therefor in any other
22annuity and benefit fund, or (2) the policeman has not, within
235 years after the date his application has been approved, but
24prior to his date of retirement, contributed unless he
25contributes to this fund the amount he would have contributed
26with interest had he remained an active member of the police

 

 

HB0426 Engrossed- 4 -LRB102 05185 RPS 15206 b

1department in the position he occupied as a result of a civil
2service competitive examination, certification and appointment
3by the Civil Service Board; or in the case of a city operating
4under the provisions of a personnel ordinance the position he
5occupied as a result of a personnel ordinance competitive
6examination certification and appointment under the authority
7of a Municipal Personnel ordinance.
8    Concurrently with such contributions, the city shall
9contribute the amounts provided by this Article. No credit
10shall be allowed for any period of time for which
11contributions by the policeman have not been paid. It is the
12sole responsibility of the policeman to ensure that all sums
13contributed by the policeman have been received by the fund
14for the service credit for which the policeman has applied.
15The period of service rendered by such policeman prior to the
16date he became a member of the police department of the city or
17while detailed, assigned or on leave of absence and employed
18in any of the departments set forth hereinabove in this
19Section for which such policeman has contributed to this fund
20shall be credited to him as service for all the purposes of
21this Article, except that he shall not have any of the rights
22conferred by the provisions of Sections 5-127 and 5-162 of
23this Article.
24    The changes in this Section made by Public Act 86-273
25shall apply to members of the fund who have not begun receiving
26a pension under this Article on August 23, 1989, without

 

 

HB0426 Engrossed- 5 -LRB102 05185 RPS 15206 b

1regard to whether employment is terminated before that date.
2(Source: P.A. 100-1173, eff. 6-1-19.)
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.45 as follows:
 
5    (30 ILCS 805/8.45 new)
6    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
78 of this Act, no reimbursement by the State is required for
8the implementation of any mandate created by this amendatory
9Act of the 102nd General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.