Full Text of HB1605 97th General Assembly
HB1605sam004 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/16/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1605
| 2 | | AMENDMENT NO. ______. Amend House Bill 1605 AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Pension Code is amended by | 6 | | changing Sections 3-124.1 and 4-117 and by adding Sections | 7 | | 3-124.3 and 4-117.2 as follows:
| 8 | | (40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
| 9 | | Sec. 3-124.1. Re-entry into active service. | 10 | | (a) If a police officer who is
receiving
pension payments | 11 | | other than as provided in Section 3-109.3 or Section 3-124.3 | 12 | | re-enters active
service, pension payment shall be suspended
| 13 | | while he or she is in service. When he or she again retires, | 14 | | pension payments
shall be resumed. If the police officer | 15 | | remains in service after re-entry
for a period of less than 5 | 16 | | years, the pension shall be the same as upon
first retirement. |
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| 1 | | If the officer's service after re-entry is at least 5
years and | 2 | | the officer makes the required contributions during the period
| 3 | | of re-entry, his or her pension shall be recomputed by taking | 4 | | into account
the additional period of service and salary.
| 5 | | (Source: P.A. 91-939, eff. 2-1-01.)
| 6 | | (40 ILCS 5/3-124.3 new) | 7 | | Sec. 3-124.3. Pension payments during contractual return | 8 | | to active service. | 9 | | (a) Notwithstanding any other provisions of this Code, if a | 10 | | police officer receiving pension payments accepts on a | 11 | | contractual basis a position to provide services to a | 12 | | municipality from which he or she has retired, then that police | 13 | | officer shall continue to receive the pension payments earned | 14 | | during active service, provided: | 15 | | (1) he or she is at least age 55 and has at least 30 | 16 | | years of service; | 17 | | (2) his or her annual salary during the period of | 18 | | contractual service is not more than 35% of his or her | 19 | | salary from the last 12 months preceding retirement; | 20 | | (3) his or her salary did not increase by more than 10% | 21 | | per year during the 2 years preceding retirement; and | 22 | | (4) the contractual employment is for a period not | 23 | | exceeding the lesser of (i) 75 working days or (ii) 600 | 24 | | hours in any calendar year. Any part of a day on | 25 | | contractual employment is considered a full day of |
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| 1 | | employment. | 2 | | (b) The municipality shall pay to the pension fund an | 3 | | amount equal to 14% of the annual salary of the police officer | 4 | | during each calendar year, or portion thereof, that he or she | 5 | | is performing contractual service as described in subsection | 6 | | (a). | 7 | | (c) Except as set forth in subsection (b) of this Section, | 8 | | no employer contribution shall be required from a municipality | 9 | | for any police officer providing contractual service as | 10 | | described in subsection (a) of this Section. No contribution | 11 | | shall be required pursuant to Section 3-125.1 from any police | 12 | | officer performing contractual service as described in | 13 | | subsection (a) of this Section. | 14 | | (d) The period of contractual service described in | 15 | | subsection (a) of this Section shall not provide a basis for | 16 | | the recomputation of the police officer's pension.
| 17 | | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
| 18 | | Sec. 4-117. Reentry into active service. | 19 | | (a) Except as set forth in Section 4-117.2, if If a | 20 | | firefighter receiving
pension payments
reenters active | 21 | | service, pension payments shall be suspended while he
or she is | 22 | | in service. If the firefighter again retires or is discharged,
| 23 | | his or her monthly pension shall be resumed in the same amount | 24 | | as was paid
upon first retirement or discharge
unless he or she | 25 | | remained in active service 3 or more years after re-entry
in |
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| 1 | | which case the monthly pension shall be based on the salary | 2 | | attached
to the firefighter's rank at the date of last | 3 | | retirement.
| 4 | | (b) If a deferred pensioner re-enters active service, and | 5 | | again retires
or is discharged from the fire service, his or | 6 | | her pension shall be based
on the salary attached to the rank | 7 | | held in the fire service at the date
of earlier retirement, | 8 | | unless the firefighter remains in active service
for 3 or more | 9 | | years after re-entry, in which case the monthly pension shall
| 10 | | be based on the salary attached to the firefighter's rank at | 11 | | the date of
last retirement.
| 12 | | (c) If a pensioner or deferred pensioner re-enters or is | 13 | | recalled
to active service and
is thereafter injured, and the | 14 | | injury
is not related to an injury for which he or she was | 15 | | previously receiving
a disability pension,
the 3 year service | 16 | | requirement shall not apply in order
for the firefighter to | 17 | | qualify for the increased pension based on
the rate of pay at | 18 | | the time of the
new injury.
| 19 | | (Source: P.A. 83-1440.)
| 20 | | (40 ILCS 5/4-117.2 new) | 21 | | Sec. 4-117.2. Pension payments during contractual return | 22 | | to active service. | 23 | | (a) Notwithstanding any other provisions of this Code, if a | 24 | | firefighter receiving pension payments accepts on a | 25 | | contractual basis a position to provide services to a |
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| 1 | | municipality from which he or she has retired, then that | 2 | | firefighter shall continue to receive the pension payments | 3 | | earned during active service, provided: | 4 | | (1) he or she is at least age 55 and has at least 30 | 5 | | years of service; | 6 | | (2) his or her annual salary during the period of | 7 | | contractual service is not more than 35% of his or her | 8 | | salary from the last 12 months preceding retirement; | 9 | | (3) his or her salary did not increase by more than 10% | 10 | | per year during the 2 years preceding retirement; and | 11 | | (4) the contractual employment is for a period not | 12 | | exceeding the lesser of (i) 75 working days or (ii) 600 | 13 | | hours in any calendar year. Any part of a day on | 14 | | contractual employment is considered a full day of | 15 | | employment. | 16 | | (b) The municipality shall pay to the pension fund an | 17 | | amount equal to 14% of the annual salary of the firefighter | 18 | | during each calendar year, or portion thereof, that he or she | 19 | | is performing contractual service as described in subsection | 20 | | (a). | 21 | | (c) Except as set forth in subsection (b) of this Section, | 22 | | no employer contribution shall be required from a municipality | 23 | | for any firefighter providing contractual service as described | 24 | | in subsection (a) of this Section. No contribution shall be | 25 | | required pursuant to Section 4-118.1 from any firefighter | 26 | | performing contractual service as described in subsection (a) |
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| 1 | | of this Section | 2 | | (d) The period of contractual service described in | 3 | | subsection (a) of this Section shall not provide a basis for | 4 | | the recomputation of the firefighter's pension. ".
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