Illinois General Assembly - Full Text of SB0039
Illinois General Assembly

Previous General Assemblies

Full Text of SB0039  96th General Assembly

SB0039ham004 96TH GENERAL ASSEMBLY

Rep. Michael K. Smith

Filed: 5/26/2009

 

 


 

 


 
09600SB0039ham004 LRB096 03892 AMC 27420 a

1
AMENDMENT TO SENATE BILL 39

2     AMENDMENT NO. ______. Amend Senate Bill 39, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 3, on page 1, line 6, by replacing "2-121" with "2-121, 3-109,
5 7-141.1,"; and
 
6 on page 4, immediately below line 10, by inserting the
7 following:
 
8     "(40 ILCS 5/3-109)  (from Ch. 108 1/2, par. 3-109)
9     Sec. 3-109. Persons excluded.
10     (a) The following persons shall not be eligible to
11 participate in a fund created under this Article:
12         (1) part-time police officers, special police
13     officers, night watchmen, temporary employees, traffic
14     guards or so-called auxiliary police officers specially
15     appointed to aid or direct traffic at or near schools or
16     public functions, or to aid in civil defense, municipal

 

 

09600SB0039ham004 - 2 - LRB096 03892 AMC 27420 a

1     parking lot attendants, clerks or other civilian employees
2     of a police department who perform clerical duties
3     exclusively;
4         (2) any police officer who fails to pay the
5     contributions required under Section 3-125.1, computed (i)
6     for funds established prior to August 5, 1963, from the
7     date the municipality established the fund or the date of a
8     police officer's first appointment (including an
9     appointment on probation), whichever is later, or (ii) for
10     funds established after August 5, 1963, from the date, as
11     determined from the statistics or census provided in
12     Section 3-103, the municipality became subject to this
13     Article by attaining the minimum population or by
14     referendum, or the date of a police officer's first
15     appointment (including an appointment on probation),
16     whichever is later, and continuing during his or her entire
17     service as a police officer; and
18         (3) any person who has elected under Section 3-109.1 to
19     participate in the Illinois Municipal Retirement Fund
20     rather than in a fund established under this Article,
21     without regard to whether the person continues to be
22     employed as chief of police or is employed in some other
23     rank or capacity within the police department, unless the
24     person has lawfully rescinded that election.
25     (b) A police officer who is reappointed shall, before being
26 declared eligible to participate in the pension fund, repay to

 

 

09600SB0039ham004 - 3 - LRB096 03892 AMC 27420 a

1 the fund as required by Section 3-124 any refund received
2 thereunder.
3     (c) Any person otherwise qualified to participate who was
4 excluded from participation by reason of the age restriction
5 removed by Public Act 79-1165 may elect to participate by
6 making a written application to the Board before January 1,
7 1990. Persons so electing shall begin participation on the
8 first day of the month following the date of application. Such
9 persons may also elect to establish creditable service for
10 periods of employment as a police officer during which they did
11 not participate by paying into the police pension fund, before
12 January 1, 1990, the amount that the person would have
13 contributed had deductions from salary been made for such
14 purpose at the time such service was rendered, together with
15 interest thereon at 6% per annum from the time such service was
16 rendered until the date the payment is made.
17     (d) A person otherwise qualified to participate who was
18 excluded from participation by reason of the fitness
19 requirement removed by this amendatory Act of 1995 may elect to
20 participate by making a written application to the Board before
21 July 1, 1996. Persons so electing shall begin participation on
22 the first day of the month following the month in which the
23 application is received by the Board. These persons may also
24 elect to establish creditable service for periods of employment
25 as a police officer during which they did not participate by
26 paying into the police pension fund, before January 1, 1997,

 

 

09600SB0039ham004 - 4 - LRB096 03892 AMC 27420 a

1 the amount that the person would have contributed had
2 deductions from salary been made for this purpose at the time
3 the service was rendered, together with interest thereon at 6%
4 per annum, compounded annually, from the time the service was
5 rendered until the date of payment.
6     (e) A person employed by the Village of Shiloh who is
7 otherwise qualified to participate and was excluded from
8 participation by reason of his or her failure to make written
9 application to the Board within 3 months after receiving his or
10 her first appointment or reappointment as required under
11 Section 3-106 may elect to participate by making a written
12 application to the Board before July 1, 2008. Persons so
13 electing shall begin participation on the first day of the
14 month following the month in which the application is received
15 by the Board. These persons may also elect to establish
16 creditable service for periods of employment as a police
17 officer during which they did not participate by paying into
18 the police pension fund, before January 1, 2009, the amount
19 that the person would have contributed had deductions from
20 salary been made for this purpose at the time the service was
21 rendered, together with interest thereon at 6% per annum,
22 compounded annually, from the time the service was rendered
23 until the date of payment. The Village of Shiloh must pay to
24 the System the corresponding employer contributions, plus
25 interest.
26     (f) A person who has entered into a personal services

 

 

09600SB0039ham004 - 5 - LRB096 03892 AMC 27420 a

1 contract to perform police duties for the Village of
2 Bartonville on or before the effective date of this amendatory
3 Act of the 96th General Assembly may be appointed as an officer
4 in the Village of Bartonville within 6 months after the
5 effective date of this amendatory Act, but shall be excluded
6 from participating under this Article.
7 (Source: P.A. 95-483, eff. 8-28-07.)
 
8     (40 ILCS 5/7-141.1)
9     Sec. 7-141.1. Early retirement incentive.
10     (a) The General Assembly finds and declares that:
11         (1) Units of local government across the State have
12     been functioning under a financial crisis.
13         (2) This financial crisis is expected to continue.
14         (3) Units of local government must depend on additional
15     sources of revenue and, when those sources are not
16     forthcoming, must establish cost-saving programs.
17         (4) An early retirement incentive designed
18     specifically to target highly-paid senior employees could
19     result in significant annual cost savings.
20         (5) The early retirement incentive should be made
21     available only to those units of local government that
22     determine that an early retirement incentive is in their
23     best interest.
24         (6) A unit of local government adopting a program of
25     early retirement incentives under this Section is

 

 

09600SB0039ham004 - 6 - LRB096 03892 AMC 27420 a

1     encouraged to implement personnel procedures to prohibit,
2     for at least 5 years, the rehiring (whether on payroll or
3     by independent contract) of employees who receive early
4     retirement incentives.
5         (7) A unit of local government adopting a program of
6     early retirement incentives under this Section is also
7     encouraged to replace as few of the participating employees
8     as possible and to hire replacement employees for salaries
9     totaling no more than 80% of the total salaries formerly
10     paid to the employees who participate in the early
11     retirement program.
12     It is the primary purpose of this Section to encourage
13 units of local government that can realize true cost savings,
14 or have determined that an early retirement program is in their
15 best interest, to implement an early retirement program.
16     (b) Until the effective date of this amendatory Act of
17 1997, this Section does not apply to any employer that is a
18 city, village, or incorporated town, nor to the employees of
19 any such employer. Beginning on the effective date of this
20 amendatory Act of 1997, any employer under this Article,
21 including an employer that is a city, village, or incorporated
22 town, may establish an early retirement incentive program for
23 its employees under this Section. The decision of a city,
24 village, or incorporated town to consider or establish an early
25 retirement program is at the sole discretion of that city,
26 village, or incorporated town, and nothing in this amendatory

 

 

09600SB0039ham004 - 7 - LRB096 03892 AMC 27420 a

1 Act of 1997 limits or otherwise diminishes this discretion.
2 Nothing contained in this Section shall be construed to require
3 a city, village, or incorporated town to establish an early
4 retirement program and no city, village, or incorporated town
5 may be compelled to implement such a program.
6     The benefits provided in this Section are available only to
7 members employed by a participating employer that has filed
8 with the Board of the Fund a resolution or ordinance expressly
9 providing for the creation of an early retirement incentive
10 program under this Section for its employees and specifying the
11 effective date of the early retirement incentive program.
12 Subject to the limitation in subsection (h), an employer may
13 adopt a resolution or ordinance providing a program of early
14 retirement incentives under this Section at any time.
15     The resolution or ordinance shall be in substantially the
16 following form:
 
17
RESOLUTION (ORDINANCE) NO. ....
18
A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
19
RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
20
IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
21     WHEREAS, Section 7-141.1 of the Illinois Pension Code
22 provides that a participating employer may elect to adopt an
23 early retirement incentive program offered by the Illinois
24 Municipal Retirement Fund by adopting a resolution or
25 ordinance; and

 

 

09600SB0039ham004 - 8 - LRB096 03892 AMC 27420 a

1     WHEREAS, The goal of adopting an early retirement program
2 is to realize a substantial savings in personnel costs by
3 offering early retirement incentives to employees who have
4 accumulated many years of service credit; and
5     WHEREAS, Implementation of the early retirement program
6 will provide a budgeting tool to aid in controlling payroll
7 costs; and
8     WHEREAS, The (name of governing body) has determined that
9 the adoption of an early retirement incentive program is in the
10 best interests of the (name of participating employer);
11 therefore be it
12     RESOLVED (ORDAINED) by the (name of governing body) of
13 (name of participating employer) that:
14     (1) The (name of participating employer) does hereby adopt
15 the Illinois Municipal Retirement Fund early retirement
16 incentive program as provided in Section 7-141.1 of the
17 Illinois Pension Code. The early retirement incentive program
18 shall take effect on (date).
19     (2) In order to help achieve a true cost savings, a person
20 who retires under the early retirement incentive program shall
21 lose those incentives if he or she later accepts employment
22 with any IMRF employer in a position for which participation in
23 IMRF is required or is elected by the employee.
24     (3) In order to utilize an early retirement incentive as a
25 budgeting tool, the (name of participating employer) will use
26 its best efforts either to limit the number of employees who

 

 

09600SB0039ham004 - 9 - LRB096 03892 AMC 27420 a

1 replace the employees who retire under the early retirement
2 program or to limit the salaries paid to the employees who
3 replace the employees who retire under the early retirement
4 program.
5     (4) The effective date of each employee's retirement under
6 this early retirement program shall be set by (name of
7 employer) and shall be no earlier than the effective date of
8 the program and no later than one year after that effective
9 date; except that the employee may require that the retirement
10 date set by the employer be no later than the June 30 next
11 occurring after the effective date of the program and no
12 earlier than the date upon which the employee qualifies for
13 retirement.
14     (5) To be eligible for the early retirement incentive under
15 this Section, the employee must have attained age 50 and have
16 at least 20 years of creditable service by his or her
17 retirement date.
18     (6) The (clerk or secretary) shall promptly file a
19 certified copy of this resolution (ordinance) with the Board of
20 Trustees of the Illinois Municipal Retirement Fund.
21 CERTIFICATION
22     I, (name), the (clerk or secretary) of the (name of
23 participating employer) of the County of (name), State of
24 Illinois, do hereby certify that I am the keeper of the books
25 and records of the (name of employer) and that the foregoing is
26 a true and correct copy of a resolution (ordinance) duly

 

 

09600SB0039ham004 - 10 - LRB096 03892 AMC 27420 a

1 adopted by the (governing body) at a meeting duly convened and
2 held on (date).
3 SEAL
4 (Signature of clerk or secretary)
 
5     (c) To be eligible for the benefits provided under an early
6 retirement incentive program adopted under this Section, a
7 member must:
8         (1) be a participating employee of this Fund who, on
9     the effective date of the program, (i) is in active payroll
10     status as an employee of a participating employer that has
11     filed the required ordinance or resolution with the Board,
12     (ii) is on layoff status from such a position with a right
13     of re-employment or recall to service, (iii) is on a leave
14     of absence from such a position, or (iv) is on disability
15     but has not been receiving benefits under Section 7-146 or
16     7-150 for a period of more than 2 years from the date of
17     application;
18         (2) have never previously received a retirement
19     annuity under this Article or under the Retirement Systems
20     Reciprocal Act using service credit established under this
21     Article;
22         (3) (blank);
23         (4) have at least 20 years of creditable service in the
24     Fund by the date of retirement, without the use of any
25     creditable service established under this Section;

 

 

09600SB0039ham004 - 11 - LRB096 03892 AMC 27420 a

1         (5) have attained age 50 by the date of retirement,
2     without the use of any age enhancement received under this
3     Section; and
4         (6) be eligible to receive a retirement annuity under
5     this Article by the date of retirement, for which purpose
6     the age enhancement and creditable service established
7     under this Section may be considered.
8     (d) The employer shall determine the retirement date for
9 each employee participating in the early retirement program
10 adopted under this Section. The retirement date shall be no
11 earlier than the effective date of the program and no later
12 than one year after that effective date, except that the
13 employee may require that the retirement date set by the
14 employer be no later than the June 30 next occurring after the
15 effective date of the program and no earlier than the date upon
16 which the employee qualifies for retirement. The employer shall
17 give each employee participating in the early retirement
18 program at least 30 days written notice of the employee's
19 designated retirement date, unless the employee waives this
20 notice requirement.
21     (e) An eligible person may establish up to 5 years of
22 creditable service under this Section. In addition, for each
23 period of creditable service established under this Section, a
24 person shall have his or her age at retirement deemed enhanced
25 by an equivalent period.
26     The creditable service established under this Section may

 

 

09600SB0039ham004 - 12 - LRB096 03892 AMC 27420 a

1 be used for all purposes under this Article and the Retirement
2 Systems Reciprocal Act, except for the computation of final
3 rate of earnings and the determination of earnings, salary, or
4 compensation under this or any other Article of the Code.
5     The age enhancement established under this Section may be
6 used for all purposes under this Article (including calculation
7 of the reduction imposed under subdivision (a)1b(iv) of Section
8 7-142), except for purposes of a reversionary annuity under
9 Section 7-145 and any distributions required because of age.
10 The age enhancement established under this Section may be used
11 in calculating a proportionate annuity payable by this Fund
12 under the Retirement Systems Reciprocal Act, but shall not be
13 used in determining benefits payable under other Articles of
14 this Code under the Retirement Systems Reciprocal Act.
15     (f) For all creditable service established under this
16 Section, the member must pay to the Fund an employee
17 contribution consisting of 4.5% of the member's highest annual
18 salary rate used in the determination of the final rate of
19 earnings for retirement annuity purposes for each year of
20 creditable service granted under this Section. For creditable
21 service established under this Section by a person who is a
22 sheriff's law enforcement employee to be deemed service as a
23 sheriff's law enforcement employee, the employee contribution
24 shall be at the rate of 6.5% of highest annual salary per year
25 of creditable service granted. Contributions for fractions of a
26 year of service shall be prorated. Any amounts that are

 

 

09600SB0039ham004 - 13 - LRB096 03892 AMC 27420 a

1 disregarded in determining the final rate of earnings under
2 subdivision (d)(5) of Section 7-116 (the 125% rule) shall also
3 be disregarded in determining the required contribution under
4 this subsection (f).
5     The employee contribution shall be paid to the Fund as
6 follows: If the member is entitled to a lump sum payment for
7 accumulated vacation, sick leave, or personal leave upon
8 withdrawal from service, the employer shall deduct the employee
9 contribution from that lump sum and pay the deducted amount
10 directly to the Fund. If there is no such lump sum payment or
11 the required employee contribution exceeds the net amount of
12 the lump sum payment, then the remaining amount due, at the
13 option of the employee, may either be paid to the Fund before
14 the annuity commences or deducted from the retirement annuity
15 in 24 equal monthly installments.
16     (g) An annuitant who has received any age enhancement or
17 creditable service under this Section and thereafter accepts
18 employment with or enters into a personal services contract
19 with an employer under this Article thereby forfeits that age
20 enhancement and creditable service; except that this
21 restriction does not apply to (1) service in an elective
22 office, so long as the annuitant does not participate in this
23 Fund with respect to that office and (2) a person appointed as
24 an officer under subsection (f) of Section 3-109 of this Code.
25 A person forfeiting early retirement incentives under this
26 subsection (i) must repay to the Fund that portion of the

 

 

09600SB0039ham004 - 14 - LRB096 03892 AMC 27420 a

1 retirement annuity already received which is attributable to
2 the early retirement incentives that are being forfeited, (ii)
3 shall not be eligible to participate in any future early
4 retirement program adopted under this Section, and (iii) is
5 entitled to a refund of the employee contribution paid under
6 subsection (f). The Board shall deduct the required repayment
7 from the refund and may impose a reasonable payment schedule
8 for repaying the amount, if any, by which the required
9 repayment exceeds the refund amount.
10     (h) The additional unfunded liability accruing as a result
11 of the adoption of a program of early retirement incentives
12 under this Section by an employer shall be amortized over a
13 period of 10 years beginning on January 1 of the second
14 calendar year following the calendar year in which the latest
15 date for beginning to receive a retirement annuity under the
16 program (as determined by the employer under subsection (d) of
17 this Section) occurs; except that the employer may provide for
18 a shorter amortization period (of no less than 5 years) by
19 adopting an ordinance or resolution specifying the length of
20 the amortization period and submitting a certified copy of the
21 ordinance or resolution to the Fund no later than 6 months
22 after the effective date of the program. An employer, at its
23 discretion, may accelerate payments to the Fund.
24     An employer may provide more than one early retirement
25 incentive program for its employees under this Section.
26 However, an employer that has provided an early retirement

 

 

09600SB0039ham004 - 15 - LRB096 03892 AMC 27420 a

1 incentive program for its employees under this Section may not
2 provide another early retirement incentive program under this
3 Section until the liability arising from the earlier program
4 has been fully paid to the Fund.
5 (Source: P.A. 94-456, eff. 8-4-05.)"; and
 
6 on page 14, immediately below line 7, by inserting the
7 following:
 
8     "Section 90. The State Mandates Act is amended by adding
9 Section 8.33 as follows:
 
10     (30 ILCS 805/8.33 new)
11     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
12 of this Act, no reimbursement by the State is required for the
13 implementation of any mandate created by this amendatory Act of
14 the 96th General Assembly.".