Full Text of HB5183 100th General Assembly
HB5183ham002 100TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5183
| 2 | | AMENDMENT NO. ______. Amend House Bill 5183 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 5-167.2, 5-167.4, 6-128.2, 6-128.4, and | 6 | | 7-109.3 as follows:
| 7 | | (40 ILCS 5/5-167.2)
(from Ch. 108 1/2, par. 5-167.2)
| 8 | | Sec. 5-167.2. Retirement before September 1, 1967. A | 9 | | retired
policeman, qualifying for minimum annuity or who | 10 | | retired from service
with 20 or more years of service, before | 11 | | September 1, 1967, shall, in
January of the year following the | 12 | | year he attains the age of 65, or in
January of the year 1970, | 13 | | if then more than 65 years of age, have his
then fixed and | 14 | | payable monthly annuity increased by an amount equal to
2% of | 15 | | the original grant of annuity, for each year the policeman was | 16 | | in
receipt of annuity payments after the year in which he |
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| 1 | | attains, or did
attain the age of 63. An additional 2% increase | 2 | | in such then fixed and
payable original granted annuity shall | 3 | | accrue in each January thereafter.
Beginning January 1, 1986, | 4 | | the rate of such increase shall be 3% instead of 2%.
| 5 | | The provisions of the preceding paragraph of this Section | 6 | | apply only to
a retired policeman eligible for such increases | 7 | | in his annuity who contributes
to the Fund a sum equal to $5 | 8 | | for each full year of credited service upon
which his annuity | 9 | | was computed. All such sums contributed shall be placed
in a | 10 | | Supplementary Payment Reserve and shall be used for the | 11 | | purposes of
such Fund account.
| 12 | | Beginning with the monthly annuity payment due in July, | 13 | | 1982, the fixed
and granted monthly annuity payment for any | 14 | | policeman who retired from the
service, before September 1, | 15 | | 1976, at age 50 or over with 20 or more years
of service and | 16 | | entitled to an annuity on January 1, 1974, shall be not less
| 17 | | than $400. It is the intent of the General Assembly that the | 18 | | change made in
this Section by this amendatory Act of 1982 | 19 | | shall apply retroactively to July
1, 1982.
| 20 | | Beginning with the monthly annuity payment due on January | 21 | | 1, 1986, the
fixed and granted monthly annuity payment for any | 22 | | policeman who retired
from the service before January 1, 1986, | 23 | | at age 50 or over with 20 or more
years of service, or any | 24 | | policeman who retired from service due to
termination of | 25 | | disability and who is entitled to an annuity on January 1,
| 26 | | 1986, shall be not less than $475.
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| 1 | | Beginning with the monthly annuity payment due on January | 2 | | 1, 1992, the
fixed and granted monthly annuity payment for any | 3 | | policeman who retired
from the service before January 1, 1992, | 4 | | at age 50 or over with 20 or more
years of service, and for any | 5 | | policeman who retired from service due to
termination of | 6 | | disability and who is entitled to an annuity on January 1,
| 7 | | 1992, shall be not less than $650.
| 8 | | Beginning with the monthly annuity payment due on January | 9 | | 1, 1993, the
fixed and granted monthly annuity payment for any | 10 | | policeman who retired
from the service before January 1, 1993, | 11 | | at age 50 or over with 20 or more
years of service, and for any | 12 | | policeman who retired from service due to
termination of | 13 | | disability and who is entitled to an annuity on January 1,
| 14 | | 1993, shall be not less than $750.
| 15 | | Beginning with the monthly annuity payment due on January | 16 | | 1, 1994, the
fixed and granted monthly annuity payment for any | 17 | | policeman who retired
from the service before January 1, 1994, | 18 | | at age 50 or over with 20 or more
years of service, and for any | 19 | | policeman who retired from service due to
termination of | 20 | | disability and who is entitled to an annuity on January 1,
| 21 | | 1994, shall be not less than $850.
| 22 | | Beginning with the monthly annuity payment due on January | 23 | | 1, 2004, the
fixed and granted monthly annuity payment for any | 24 | | policeman who retired
from the service before January 1, 2004, | 25 | | at age 50 or over with 20 or more
years of service, and for any | 26 | | policeman who retired from service due to
termination of |
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| 1 | | disability and who is entitled to an annuity on January 1,
| 2 | | 2004, shall be not less than $950.
| 3 | | Beginning with the monthly annuity payment due on January | 4 | | 1, 2005, the
fixed and granted monthly annuity payment for any | 5 | | policeman who retired
from the service before January 1, 2005, | 6 | | at age 50 or over with 20 or more
years of service, and for any | 7 | | policeman who retired from service due to
termination of | 8 | | disability and who is entitled to an annuity on January 1,
| 9 | | 2005, shall be not less than $1,050.
| 10 | | Beginning with the monthly annuity payment due on January | 11 | | 1, 2016, the fixed and granted monthly annuity payment for any | 12 | | policeman who retired from the service before January 1, 2016, | 13 | | at age 50 or over with 20 or more years of service, and for any | 14 | | policeman who retired from service due to termination of | 15 | | disability and who is entitled to an annuity on January 1, | 16 | | 2016, shall be no less than 125% of the Federal Poverty Level. | 17 | | Beginning with the monthly annuity payment due on January | 18 | | 1, 2019, the fixed and granted monthly annuity payment for any | 19 | | policeman who retired from the service before January 1, 2019, | 20 | | at age 50 or over with 20 or more years of service, and for any | 21 | | policeman who retired from service due to termination of | 22 | | disability and who is entitled to an annuity on January 1, | 23 | | 2019, shall be no less than 150% of the Federal Poverty Level. | 24 | | For purposes of this Section, the "Federal Poverty Level" | 25 | | shall be determined pursuant to the poverty guidelines updated | 26 | | periodically in the Federal Register by the United States |
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| 1 | | Department of Health and Human Services under the authority of | 2 | | 42 U.S.C. 9902(2). | 3 | | The difference in amount between the original fixed and | 4 | | granted monthly
annuity of any such policeman on the date of | 5 | | his retirement from the service
and the monthly annuity | 6 | | provided for in the immediately
preceding paragraph shall be | 7 | | paid as a supplement in the manner set forth
in the immediately | 8 | | following paragraph.
| 9 | | To defray the annual cost of the increases indicated in the | 10 | | preceding
part of this Section, the annual interest income | 11 | | accruing from
investments held by this Fund, exclusive of gains | 12 | | or losses on sales
or exchanges of assets during the year, over | 13 | | and above 4% a year shall
be used to the extent necessary and | 14 | | available to finance the cost of
such increases for the | 15 | | following year and such amount shall be
transferred as of the | 16 | | end of each year beginning with the year 1969 to a
Fund account | 17 | | designated as the Supplementary Payment Reserve from the
| 18 | | Interest and Investment Reserve set forth in Section 5-207.
| 19 | | In the event the funds in the Supplementary Payment Reserve | 20 | | in any year
arising from: (1) the interest income accruing in | 21 | | the preceding year above 4%
a year and (2) the contributions by | 22 | | retired persons are insufficient to
make the total payments to | 23 | | all persons entitled
to the annuity specified in this Section | 24 | | and (3) any interest
earnings over 4% a year beginning with the | 25 | | year 1969 which were not
previously used to finance such | 26 | | increases and which were transferred
to the Prior Service |
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| 1 | | Annuity Reserve, may be used to the extent necessary
and | 2 | | available to provide sufficient funds to finance such increases
| 3 | | for the current year and such sums shall be transferred from | 4 | | the Prior
Service Annuity Reserve. In the event the total money | 5 | | available in
the Supplementary Payment Reserve from such | 6 | | sources are insufficient
to make the total payments to all | 7 | | persons entitled to such increases
for the year, a | 8 | | proportionate amount computed as the ratio of the
money | 9 | | available to the total of the total payments specified for that
| 10 | | year shall be paid to each person for that year.
| 11 | | The Fund shall be obligated for the payment of the | 12 | | increases in
annuity as provided for in this Section only to | 13 | | the extent that the
assets for such purpose are available.
| 14 | | (Source: P.A. 99-506, eff. 5-30-16.)
| 15 | | (40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
| 16 | | Sec. 5-167.4. Widow annuitant minimum annuity.
| 17 | | (a) Notwithstanding any other provision of this Article, | 18 | | beginning
January 1, 1996, the minimum amount of widow's | 19 | | annuity payable to any person
who is entitled to receive a | 20 | | widow's annuity under this Article is $700 per
month, without | 21 | | regard to whether the deceased policeman is in service on or
| 22 | | after the effective date of this amendatory Act of 1995.
| 23 | | Notwithstanding any other provision of this Article, | 24 | | beginning
January 1, 1999, the minimum amount of widow's | 25 | | annuity payable to any person
who is entitled to receive a |
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| 1 | | widow's annuity under this Article is $800 per
month, without | 2 | | regard to whether the deceased policeman is in service on or
| 3 | | after the effective date of this amendatory Act of 1998.
| 4 | | Notwithstanding any other provision of this Article, | 5 | | beginning
January 1, 2004, the minimum amount of widow's | 6 | | annuity payable to any person
who is entitled to receive a | 7 | | widow's annuity under this Article is $900 per
month, without | 8 | | regard to whether the deceased policeman is in service on or
| 9 | | after the effective date of this amendatory Act of the 93rd | 10 | | General Assembly.
| 11 | | Notwithstanding any other provision of this Article, | 12 | | beginning
January 1, 2005, the minimum amount of widow's | 13 | | annuity payable to any person
who is entitled to receive a | 14 | | widow's annuity under this Article is $1,000 per
month, without | 15 | | regard to whether the deceased policeman is in service on or
| 16 | | after the effective date of this amendatory Act of the 93rd | 17 | | General Assembly.
| 18 | | (b) Effective January 1, 1994, the minimum amount of | 19 | | widow's annuity
shall be $700 per month for the following | 20 | | classes of widows, without regard to
whether the deceased | 21 | | policeman is in service on or after the effective date of
this | 22 | | amendatory Act of 1993: (1) the widow of a policeman who dies | 23 | | in service
with at least 10 years of service credit, or who | 24 | | dies in service after June 30,
1981; and (2) the widow of a | 25 | | policeman who withdraws from service with 20 or
more years of | 26 | | service credit and does not withdraw a refund, provided that |
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| 1 | | the
widow is married to the policeman before he withdraws from | 2 | | service.
| 3 | | (b-5) Notwithstanding any other provision of this Article, | 4 | | beginning January 1, 2017, the minimum widow's annuity under | 5 | | this Article shall be no less than 125% of the Federal Poverty | 6 | | Level for all persons receiving widow's annuities on or after | 7 | | that date, without regard to whether the deceased policeman is | 8 | | in service on or after the effective date of this amendatory | 9 | | Act of the 99th General Assembly. Notwithstanding any other | 10 | | provision of this Article, beginning January 1, 2019, the | 11 | | minimum widow's annuity under this Article shall be no less | 12 | | than 150% of the Federal Poverty Level for all persons | 13 | | receiving widow's annuities on or after that date, without | 14 | | regard to whether the deceased policeman is in service on or | 15 | | after the effective date of this amendatory Act of the 100th | 16 | | General Assembly. For purposes of this Section, "Federal | 17 | | Poverty Level" means the poverty guidelines applicable to an | 18 | | individual in a single-person household located in Illinois, as | 19 | | updated periodically in the Federal Register by the United | 20 | | States Department of Health and Human Services under the | 21 | | authority of 42 U.S.C. 9902(2). | 22 | | (c) The city, in addition to the contributions otherwise | 23 | | made by it
under the other provisions of this Article, shall | 24 | | make such contributions
as are necessary for the minimum | 25 | | widow's annuities provided under
this Section in the manner | 26 | | prescribed in Section 5-175.
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| 1 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 2 | | (40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
| 3 | | Sec. 6-128.2. Minimum retirement annuities.
| 4 | | (a) Beginning with the monthly payment due in January, | 5 | | 1988, the monthly
annuity payment for any person who is | 6 | | entitled to receive a retirement
annuity under this Article in | 7 | | January, 1990 and has retired from service at
age 50 or over | 8 | | with 20 or more years of service, and for any person who
| 9 | | retires from service on or after January 24, 1990 at age 50 or | 10 | | over
with 20 or more years of service, shall not be less than | 11 | | $475 per month.
The $475 minimum annuity is exclusive of any | 12 | | automatic annual increases
provided by Sections 6-164 and | 13 | | 6-164.1, but not exclusive of previous
raises in the minimum | 14 | | annuity as provided by any Section of this Article.
| 15 | | Beginning January 1, 1992, the minimum retirement annuity | 16 | | payable to
any person who has retired from service at age 50 or | 17 | | over with 20 or more
years of service and is entitled to | 18 | | receive a retirement annuity under this
Article on that date, | 19 | | or who retires from service at age 50 or over with 20
or more | 20 | | years of service after that date, shall be $650 per month.
| 21 | | Beginning January 1, 1993, the minimum retirement annuity | 22 | | payable to
any person who has retired from service at age 50 or | 23 | | over with 20 or more
years of service and is entitled to | 24 | | receive a retirement annuity under this
Article on that date, | 25 | | or who retires from service at age 50 or over with 20
or more |
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| 1 | | years of service after that date, shall be $750 per month.
| 2 | | Beginning January 1, 1994, the minimum retirement annuity | 3 | | payable to
any person who has retired from service at age 50 or | 4 | | over with 20 or more
years of service and is entitled to | 5 | | receive a retirement annuity under this
Article on that date, | 6 | | or who retires from service at age 50 or over with 20
or more | 7 | | years of service after that date, shall be $850 per month.
| 8 | | Beginning January 1, 2004, the minimum retirement annuity | 9 | | payable to any
person who has retired from service at age 50 or | 10 | | over with 20 or more years of
service and is entitled to | 11 | | receive a retirement annuity under this Article on
that date, | 12 | | or who retires from service at age 50 or over with 20 or more | 13 | | years
of service after that date, shall be $950 per month.
| 14 | | Beginning January 1, 2005, the minimum retirement annuity | 15 | | payable to any
person who has retired from service at age 50 or | 16 | | over with 20 or more years of
service and is entitled to | 17 | | receive a retirement annuity under this Article on
that date, | 18 | | or who retires from service at age 50 or over with 20 or more | 19 | | years
of service after that date, shall be $1,050 per month.
| 20 | | Beginning January 1, 2016, the minimum retirement annuity | 21 | | payable to any person who has retired from service at age 50 or | 22 | | over with 20 or more years of service and is entitled to | 23 | | receive a retirement annuity under this Article on that date, | 24 | | or who retires from service at age 50 or over with 20 or more | 25 | | years of service after that date, shall be no less than 125% of | 26 | | the Federal Poverty Level. |
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| 1 | | Beginning January 1, 2019, the minimum retirement annuity | 2 | | payable to any person who has retired from service at age 50 or | 3 | | over with 20 or more years of service and is entitled to | 4 | | receive a retirement annuity under this Article on that date, | 5 | | or who retires from service at age 50 or over with 20 or more | 6 | | years of service after that date, shall be no less than 150% of | 7 | | the Federal Poverty Level. | 8 | | For purposes of this Section, the "Federal Poverty Level" | 9 | | shall be determined pursuant to the poverty guidelines updated | 10 | | periodically in the Federal Register by the United States | 11 | | Department of Health and Human Services under the authority of | 12 | | 42 U.S.C. 9902(2). | 13 | | The minimum annuities established by this subsection (a) do | 14 | | include
previous raises in the minimum annuity as provided by | 15 | | any Section of this
Article, but do not include any sums which | 16 | | have been added or will be added
to annuity payments by the | 17 | | automatic annual increases provided by Sections
6-164 and | 18 | | 6-164.1. Such annual increases shall be paid in addition to the
| 19 | | minimum amounts specified in this subsection.
| 20 | | (b) Notwithstanding any other provision of this Article, | 21 | | beginning
January 1, 1990, the minimum retirement annuity | 22 | | payable to any person who
is entitled to receive a retirement | 23 | | annuity under this Article on that date
shall be $475 per | 24 | | month.
| 25 | | (c) The changes made to this Section by this amendatory Act | 26 | | of the
93rd General Assembly apply to all persons receiving a |
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| 1 | | retirement
annuity under this Article, without regard to | 2 | | whether the retirement of the
fireman occurred prior to the | 3 | | effective date of this amendatory Act.
| 4 | | (Source: P.A. 99-506, eff. 5-30-16.)
| 5 | | (40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
| 6 | | Sec. 6-128.4. Minimum widow's annuities.
| 7 | | (a) Notwithstanding any other provision of this Article, | 8 | | beginning
January 1, 1996, the minimum amount of widow's | 9 | | annuity payable to any person
who is entitled to receive a | 10 | | widow's annuity under this Article is $700 per
month, without | 11 | | regard to whether the deceased fireman is in service on or | 12 | | after
the effective date of this amendatory Act of 1995.
| 13 | | (b) Notwithstanding Section 6-128.3, beginning January 1, | 14 | | 1994, the
minimum widow's annuity under this Article shall be | 15 | | $700 per month for (1) all
persons receiving widow's annuities | 16 | | on that date who are survivors of employees
who retired at age | 17 | | 50 or over with at least 20 years of service, and (2)
persons | 18 | | who become eligible for widow's annuities and are survivors of
| 19 | | employees who retired at age 50 or over with at least 20 years | 20 | | of service.
| 21 | | (c) Notwithstanding Section 6-128.3, beginning January 1, | 22 | | 1999, the
minimum widow's annuity under this Article shall be | 23 | | $800 per month for (1) all
persons receiving widow's annuities | 24 | | on that date who are survivors of employees
who retired at age | 25 | | 50 or over with at least 20 years of service, and (2)
persons |
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| 1 | | who become eligible for widow's annuities and are survivors of
| 2 | | employees who retired at age 50 or over with at least 20 years | 3 | | of service.
| 4 | | (d) Notwithstanding Section 6-128.3, beginning January 1, | 5 | | 2004, the
minimum widow's annuity under this Article shall be | 6 | | $900 per month for all
persons receiving widow's annuities on | 7 | | or after that date, without regard to
whether the deceased | 8 | | fireman is in service on or after the effective date of
this | 9 | | amendatory Act of the 93rd General Assembly.
| 10 | | (e) Notwithstanding Section 6-128.3, beginning January 1, | 11 | | 2005, the
minimum widow's annuity under this Article shall be | 12 | | $1,000 per month for all
persons receiving widow's annuities on | 13 | | or after that date, without regard to
whether the deceased | 14 | | fireman is in service on or after the effective date of
this | 15 | | amendatory Act of the 93rd General Assembly.
| 16 | | (f) Notwithstanding Section 6-128.3, beginning January 1, | 17 | | 2017, the minimum widow's annuity under this Article shall be | 18 | | no less than 125% of the Federal Poverty Level for all persons | 19 | | receiving widow's annuities on or after that date, without | 20 | | regard to whether the deceased fireman is in service on or | 21 | | after the effective date of this amendatory Act of the 99th | 22 | | General Assembly. | 23 | | (g) Notwithstanding Section 6-128.3, beginning January 1, | 24 | | 2019, the minimum widow's annuity under this Article shall be | 25 | | no less than 150% of the Federal Poverty Level for all persons | 26 | | receiving widow's annuities on or after that date, without |
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| 1 | | regard to whether the deceased fireman is in service on or | 2 | | after the effective date of this amendatory Act of the 100th | 3 | | General Assembly. | 4 | | (h) For purposes of this Section, "Federal Poverty Level" | 5 | | means the poverty guidelines applicable to an individual in a | 6 | | single-person household located in Illinois, as updated | 7 | | periodically in the Federal Register by the United States | 8 | | Department of Health and Human Services under the authority of | 9 | | 42 U.S.C. 9902(2). | 10 | | (Source: P.A. 99-905, eff. 11-29-16.)
| 11 | | (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
| 12 | | Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
| 13 | | (a) "Sheriff's law enforcement employee" or "SLEP" means:
| 14 | | (1) A county sheriff and all deputies, other than | 15 | | special deputies,
employed on a full time basis in the | 16 | | office of the sheriff.
| 17 | | (2) A person who has elected to participate in this | 18 | | Fund under Section
3-109.1 of this Code, and who is | 19 | | employed by a participating municipality
to perform police | 20 | | duties.
| 21 | | (3) A law enforcement officer employed on a full time | 22 | | basis by a Forest
Preserve District, provided that such | 23 | | officer shall be deemed a "sheriff's
law enforcement | 24 | | employee" for the purposes of this Article, and service in
| 25 | | that capacity shall be deemed to be service as a sheriff's |
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| 1 | | law enforcement
employee, only if the board of | 2 | | commissioners of the District have so
elected by adoption | 3 | | of an affirmative resolution. Such election, once made,
may | 4 | | not be rescinded.
| 5 | | (4) A person not eligible to participate in a fund | 6 | | established under
Article 3 of this Code who is employed on | 7 | | a full-time basis by a
participating municipality or | 8 | | participating instrumentality to perform
police duties at | 9 | | an airport, but only if the governing authority of the
| 10 | | employer has approved sheriff's law enforcement employee | 11 | | status for its
airport police employees by adoption of an | 12 | | affirmative resolution. Such
approval, once given, may not | 13 | | be rescinded.
| 14 | | (5) A person who (i) is employed by a participating | 15 | | municipality that has both 30 or more full-time police | 16 | | officers and 50 or more full-time firefighters and has not | 17 | | established a fund under
Article 3 or Article 4 of this | 18 | | Code and (ii) is employed on a full-time basis by that
| 19 | | participating municipality to perform
police duties or | 20 | | firefighting and EMS duties; but only if the governing | 21 | | authority of that municipality has approved sheriff's law | 22 | | enforcement employee status for its
police officer or | 23 | | firefighter employees by adoption of an affirmative | 24 | | resolution. The resolution must specify that SLEP status | 25 | | shall be applicable to such employment occurring on or | 26 | | after the adoption of the resolution. Such resolution shall |
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| 1 | | be irrevocable, but shall automatically terminate upon the | 2 | | establishment of an Article 3 or 4 fund by the | 3 | | municipality. | 4 | | (6) A person hired on or after January 1, 2011 who is | 5 | | not eligible to participate in a fund established under | 6 | | Article 4 and is employed on a full-time basis by a | 7 | | participating municipality to perform duties as a | 8 | | paramedic, emergency medical technician (EMT), emergency | 9 | | medical technician-intermediate (EMT-I), or advanced | 10 | | emergency medical technician (A-EMT), but only if the | 11 | | governing authority of that municipality has approved SLEP | 12 | | status for its paramedic, EMT, EMT-I, and A-EMT employees | 13 | | by adoption of an affirmative resolution. The resolution | 14 | | must specify that SLEP status shall be applicable to such | 15 | | employment occurring on or after the adoption of the | 16 | | resolution. Such resolution shall be irrevocable. | 17 | | (b) An employee who is a sheriff's law enforcement employee | 18 | | and is granted
military leave or authorized leave of absence | 19 | | shall receive service credit in
that capacity. Sheriff's law | 20 | | enforcement employees shall not be entitled to
out-of-State | 21 | | service credit under Section 7-139.
| 22 | | (Source: P.A. 100-354, eff. 8-25-17.)
| 23 | | Section 90. The State Mandates Act is amended by adding | 24 | | Section 8.42 as follows: |
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| 1 | | (30 ILCS 805/8.42 new) | 2 | | Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 | | of this Act, no reimbursement by the State is required for the | 4 | | implementation of any mandate created by this amendatory Act of | 5 | | the 100th General Assembly.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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