Full Text of SB0021 94th General Assembly
SB0021eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 5-174 as follows:
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| (40 ILCS 5/5-174) (from Ch. 108 1/2, par. 5-174)
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| Sec. 5-174. Contributions in case of certain employments in | 8 |
| police
department.
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| (a) Whenever a policeman is assigned to a position in the | 10 |
| police
department other than the position he holds by | 11 |
| certification and
appointment as a result of competitive civil | 12 |
| service examination, there
shall be deducted from his salary | 13 |
| the amount which would have been
deducted had he continued in | 14 |
| his civil service position. If such
deductions are not made, | 15 |
| the policeman may pay such amount direct to the
fund and shall | 16 |
| be credited with the corresponding city contributions, to
the | 17 |
| end that he may retain all rights he otherwise would have had | 18 |
| were
his employment continuous in his civil service position; | 19 |
| provided, that
any such amount not so deducted from his salary | 20 |
| nor paid by him shall be
deducted from the earliest possible | 21 |
| and practicable payment of salary
due and payable to him, or | 22 |
| from any annuity, benefit or refund payable
to him or on his | 23 |
| account. The policeman shall receive credit for such
employment | 24 |
| as service for all purposes of this Article.
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| (b) From and after January 1, 1970, in lieu of the | 26 |
| provisions of the
preceding paragraph (a) of this Section, any | 27 |
| policeman serving in a
non-civil service position in the police | 28 |
| department shall have salary
deductions
made for age and | 29 |
| service annuity and widow's annuity on
salary as defined in | 30 |
| Section 5-114 (e).
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| Any active policeman serving in a non-civil service | 32 |
| position on the
effective date of this amendatory Act may |
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| elect, prior to January 1,
1970, to contribute directly to the | 2 |
| fund for age and service and widow's
annuity on salary received | 3 |
| in excess of that provided for in his civil
service rank for | 4 |
| police service rendered in a non-civil service position
prior | 5 |
| to the operative date of his election. Such election shall be
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| exercised prior to January 1, 1974, by a policeman in service | 7 |
| on such
effective date or within 6 months prior to such date. | 8 |
| Any policeman in
service not serving in a non-civil service | 9 |
| position on the effective
date of this amendatory Act who is | 10 |
| subsequently assigned and serving in
a non-civil service | 11 |
| position may make like election within 6 months
after such | 12 |
| assignment. Contributions for such past service shall include
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| interest at the applicable rate to the end that the | 14 |
| contributions shall
equal the amount that would have been | 15 |
| credited to the policeman had
deductions been made
from such | 16 |
| excess salary for such service. For such
contributions the | 17 |
| policeman shall be credited with the corresponding
city | 18 |
| contributions with interest for all annuity purposes at the | 19 |
| rates
in effect at the time the service was rendered.
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| Contributions for past service, if elected, shall be made | 21 |
| for the
entire period of service and for the total amount of | 22 |
| the excess salary
and no credit shall be granted or payment | 23 |
| permitted for any part of such
service or excess salary. | 24 |
| Payment of contributions on such past service
shall be | 25 |
| completed within 3 years of the date of election and in any
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| event before death or retirement. If not paid in full within | 27 |
| such
period, or before death, no credit shall be granted | 28 |
| thereon, and the
sums so paid, with interest at the rate of 1 | 29 |
| 1/2% per year, compounded
annually, shall be refunded to the | 30 |
| policeman, or his surviving widow or
children, or if there are | 31 |
| no such survivors, then in accordance with
Section 5-167, | 32 |
| provided, however, that if the repayment has not been
made in | 33 |
| full before death, his widow shall have the option of | 34 |
| completing
such payment within 60 days from the date of his | 35 |
| death.
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| A policeman assigned to a non-civil service position within |
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| 3 years
of the date of his reaching compulsory retirement age | 2 |
| or within 3 years
of retirement at his own option, whichever is | 3 |
| earlier, shall not qualify
for the benefits authorized herein. | 4 |
| The limitation contained in this
paragraph shall not apply to a | 5 |
| policeman assigned to a non-civil service
position whose | 6 |
| retirement from active service is caused by duty
disability. | 7 |
| Beginning January 1, 2000, the limitation contained in this
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| paragraph shall not apply to a policeman assigned to a | 9 |
| non-civil service
position with the title of Captain. A | 10 |
| policeman who has made contributions as provided by this
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| Section
section but who fails to qualify for the benefits due | 12 |
| to the limitation
of this paragraph is entitled to refund of | 13 |
| said contributions, upon
application therefor, according to | 14 |
| the provisions of Section 5-163 (f).
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| In no event shall the provisions of this or any other | 16 |
| Section
section of this
Article, allowing payment for or | 17 |
| granting credit on salary received in
excess of that provided | 18 |
| for his civil service rank or position be
applicable in the | 19 |
| case of any former policeman who is receiving annuity
from this | 20 |
| fund who subsequently re-enters service as a policeman.
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| (Source: P.A. 81-1536.)
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| Section 90. The State Mandates Act is amended by adding | 23 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 26 |
| of this
Act, no reimbursement by the State is required for the | 27 |
| implementation of
any mandate created by this amendatory Act of | 28 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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