Full Text of HB4209 102nd General Assembly
HB4209sam001 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 4/6/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4209
| 2 | | AMENDMENT NO. ______. Amend House Bill 4209 as follows:
| 3 | | on page 7, immediately below line 6, by inserting the | 4 | | following: | 5 | | "Section 15. The Illinois Pension Code is amended by | 6 | | adding Sections 3-110.14 and 7-139.1a and by changing Section | 7 | | 7-139 as follows: | 8 | | (40 ILCS 5/3-110.14 new) | 9 | | Sec. 3-110.14. Transfer to Article 7. On and after January | 10 | | 1, 2023 but no later than July 1, 2023, a participant who is | 11 | | actively employed as a sheriff's law enforcement employee may | 12 | | make an election to transfer up to 10 years of creditable | 13 | | service from a fund established under this Article to the | 14 | | Illinois Municipal Retirement Fund established under Article | 15 | | 7. Upon receiving a written election by a participant under |
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| 1 | | this Section, the fund shall transfer the employee and | 2 | | employer contributions to the Illinois Municipal Retirement | 3 | | Fund as soon as is practicable. Participation in the police | 4 | | pension fund with respect to the service to be transferred | 5 | | shall terminate on the date of transfer.
| 6 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 7 | | Sec. 7-139. Credits and creditable service to employees.
| 8 | | (a) Each participating employee shall be granted credits | 9 | | and creditable
service, for purposes of determining the amount | 10 | | of any annuity or benefit
to which he or a beneficiary is | 11 | | entitled, as follows:
| 12 | | 1. For prior service: Each participating employee who | 13 | | is an employee
of a participating municipality or | 14 | | participating instrumentality on the
effective date shall | 15 | | be granted creditable service, but no credits under
| 16 | | paragraph 2 of this subsection (a), for periods of prior | 17 | | service for which
credit has not been received under any | 18 | | other pension fund or retirement system
established under | 19 | | this Code, as follows:
| 20 | | If the effective date of participation for the | 21 | | participating municipality
or participating | 22 | | instrumentality is on or before January 1, 1998, | 23 | | creditable
service shall be granted for the entire period | 24 | | of prior service with that
employer without any employee | 25 | | contribution.
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| 1 | | If the effective date of participation for the | 2 | | participating municipality
or participating | 3 | | instrumentality is after January 1, 1998, creditable
| 4 | | service shall be granted for the last 20% of the period of | 5 | | prior service with
that employer, but no more than 5 | 6 | | years, without any employee contribution. A
participating | 7 | | employee may establish creditable service for the | 8 | | remainder of
the period of prior service with that | 9 | | employer by making an application in
writing, accompanied | 10 | | by payment of an employee contribution in an
amount | 11 | | determined by the Fund, based on the employee contribution | 12 | | rates in
effect at the time of application for the | 13 | | creditable service and the employee's
salary rate on the | 14 | | effective date of participation for that employer, plus
| 15 | | interest at the effective rate from the date of the prior | 16 | | service to the date
of payment. Application for this | 17 | | creditable service may be made at any time
while the | 18 | | employee is still in service.
| 19 | | A municipality that (i) has at least 35 employees; | 20 | | (ii) is located in a county with at least 2,000,000 | 21 | | inhabitants; and (iii) maintains an independent defined | 22 | | benefit pension plan for the benefit of its eligible | 23 | | employees may restrict creditable service in whole or in | 24 | | part for periods of prior service with the employer if the | 25 | | governing body of the municipality adopts an irrevocable | 26 | | resolution to restrict that creditable service and files |
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| 1 | | the resolution with the board before the municipality's | 2 | | effective date of participation.
| 3 | | Any person who has withdrawn from the service of a | 4 | | participating
municipality
or participating | 5 | | instrumentality prior to the effective date, who reenters
| 6 | | the service of the same municipality or participating | 7 | | instrumentality after
the effective date and becomes a | 8 | | participating employee is entitled to
creditable service | 9 | | for prior service as otherwise provided in this
| 10 | | subdivision (a)(1) only if he or she renders 2 years of | 11 | | service as a
participating employee after the effective | 12 | | date. Application
for such service must be made while in a | 13 | | participating status.
The salary rate to be used in the | 14 | | calculation of the required employee
contribution, if any, | 15 | | shall be the employee's salary rate at the time of first
| 16 | | reentering service with the employer after the employer's | 17 | | effective date of
participation.
| 18 | | 2. For current service, each participating employee | 19 | | shall be
credited with:
| 20 | | a. Additional credits of amounts equal to each | 21 | | payment of additional
contributions received from him | 22 | | under Section 7-173, as of the
date the corresponding | 23 | | payment of earnings is payable to him.
| 24 | | b. Normal credits of amounts equal to each payment | 25 | | of normal
contributions received from him, as of the | 26 | | date the corresponding payment of
earnings is payable |
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| 1 | | to him, and normal contributions made for the purpose | 2 | | of
establishing out-of-state service credits as | 3 | | permitted under the conditions set
forth in paragraph | 4 | | 6 of this subsection (a).
| 5 | | c. Municipality credits in an amount equal to 1.4 | 6 | | times the normal
credits, except those established by | 7 | | out-of-state service credits, as of
the date of | 8 | | computation of any benefit if these credits would | 9 | | increase
the benefit.
| 10 | | d. Survivor credits equal to each payment of | 11 | | survivor contributions
received from the participating | 12 | | employee as of the date the
corresponding payment of | 13 | | earnings is payable, and survivor contributions made
| 14 | | for the purpose of establishing out-of-state service | 15 | | credits.
| 16 | | 3. For periods of temporary and total and permanent | 17 | | disability
benefits, each employee receiving disability | 18 | | benefits shall be granted
creditable service for the | 19 | | period during which disability benefits are
payable. | 20 | | Normal and survivor credits, based upon the rate of | 21 | | earnings
applied for disability benefits, shall also be | 22 | | granted if such credits
would result in a higher benefit | 23 | | to any such employee or his
beneficiary.
| 24 | | 4. For authorized leave of absence without pay: A | 25 | | participating
employee shall be granted credits and | 26 | | creditable service for periods of
authorized leave of |
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| 1 | | absence without pay under the following
conditions:
| 2 | | a. An application for credits and creditable | 3 | | service is submitted to the
board while the employee | 4 | | is in a status of
active employment.
| 5 | | b. Not more than 12 complete months of creditable | 6 | | service
for authorized leave of absence without pay | 7 | | shall be counted for purposes of
determining any | 8 | | benefits payable under this Article.
| 9 | | c. Credits and creditable service shall be granted | 10 | | for leave of
absence only if such leave is approved by | 11 | | the governing body of the
municipality, including | 12 | | approval of the estimated cost thereof to the
| 13 | | municipality as determined by the fund, and employee | 14 | | contributions, plus
interest at the effective rate | 15 | | applicable for each year from the end of
the period of | 16 | | leave to date of payment, have been paid to the fund in
| 17 | | accordance with Section 7-173. The contributions shall | 18 | | be computed upon the
assumption earnings continued | 19 | | during the period of leave at the rate in
effect when | 20 | | the leave began.
| 21 | | d. Benefits under the provisions of Sections | 22 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 23 | | employees on authorized leave of
absence, or their | 24 | | designated beneficiary, only if such leave of absence
| 25 | | is creditable hereunder, and if the employee has at | 26 | | least one year of
creditable service other than the |
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| 1 | | service granted for leave of absence.
Any employee | 2 | | contributions due may be deducted from any benefits
| 3 | | payable.
| 4 | | e. No credits or creditable service shall be | 5 | | allowed for leave of
absence without pay during any | 6 | | period of prior service.
| 7 | | 5. For military service: The governing body of a | 8 | | municipality or
participating instrumentality may elect to | 9 | | allow creditable service to
participating employees who | 10 | | leave their employment to serve in the armed
forces of the | 11 | | United States for all periods of such service, provided
| 12 | | that the person returns to active employment within 90 | 13 | | days after
completion
of full time active duty, but no | 14 | | creditable service shall be allowed such
person for any | 15 | | period that can be used in the computation of a pension
or | 16 | | any other pay or benefit, other than pay for active duty, | 17 | | for service
in any branch of the armed forces of the United | 18 | | States. If necessary to
the computation of any benefit, | 19 | | the board shall establish municipality
credits for | 20 | | participating employees under this paragraph on the
| 21 | | assumption that the employee received earnings at the rate | 22 | | received at
the time he left the employment to enter the | 23 | | armed forces. A
participating employee in the armed forces | 24 | | shall not be considered an
employee during such period of | 25 | | service and no additional death and no
disability benefits | 26 | | are payable for death or disability during such period.
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| 1 | | Any participating employee who left his employment | 2 | | with a
municipality or participating instrumentality to | 3 | | serve in the armed
forces of the United States and who | 4 | | again became a participating
employee within 90 days after | 5 | | completion of full time active duty by
entering the | 6 | | service of a different municipality or participating
| 7 | | instrumentality, which has elected to allow creditable | 8 | | service for
periods of military service under the | 9 | | preceding paragraph, shall also be
allowed creditable | 10 | | service for his period of military service on the
same | 11 | | terms that would apply if he had been employed, before | 12 | | entering
military service, by the municipality or | 13 | | instrumentality which employed
him after he left the | 14 | | military service and the employer costs arising in
| 15 | | relation to such grant of creditable service shall be | 16 | | charged to and
paid by that municipality or | 17 | | instrumentality.
| 18 | | Notwithstanding the foregoing, any participating | 19 | | employee
shall be entitled to creditable service as | 20 | | required by any federal law
relating to re-employment | 21 | | rights of persons who served in the United States
Armed | 22 | | Services. Such creditable service shall be granted upon | 23 | | payment by
the member of an amount equal to the employee | 24 | | contributions which would
have been required had the | 25 | | employee continued in service at the same
rate of earnings | 26 | | during the military leave period, plus interest at
the |
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| 1 | | effective rate.
| 2 | | 5.1. In addition to any creditable service established | 3 | | under
paragraph 5 of this subsection (a), creditable | 4 | | service may be granted for
up to 48 months of service in | 5 | | the armed forces of the United States.
| 6 | | In order to receive creditable service for military | 7 | | service under this
paragraph 5.1, a participating employee | 8 | | must (1) apply to the Fund
in writing and provide evidence | 9 | | of the military service that is satisfactory
to the Board; | 10 | | (2) obtain the written approval of the current employer; | 11 | | and (3)
make contributions to the Fund equal to (i)
the | 12 | | employee contributions that would have been required had | 13 | | the service been
rendered as a member, plus (ii) an amount | 14 | | determined by the board to be equal
to the employer's | 15 | | normal cost of the benefits accrued for that military
| 16 | | service, plus (iii) interest on items (i) and (ii) from | 17 | | the date of first
membership in the Fund to the date of | 18 | | payment. The required interest shall be
calculated at the | 19 | | regular interest rate.
| 20 | | The changes made to this paragraph 5.1 by Public Acts | 21 | | 95-483 and 95-486
apply only to participating employees in | 22 | | service on or after August 28, 2007 (the effective date of | 23 | | those Public Acts).
| 24 | | 6. For out-of-state service: Creditable service shall | 25 | | be granted for
service rendered to an out-of-state local | 26 | | governmental body under the
following conditions: The |
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| 1 | | employee had participated and has irrevocably
forfeited | 2 | | all rights to benefits in the out-of-state public | 3 | | employees
pension system; the governing body of his | 4 | | participating municipality or
instrumentality authorizes | 5 | | the employee to establish such service; the
employee has 2 | 6 | | years current service with this municipality or
| 7 | | participating instrumentality; the employee makes a | 8 | | payment of
contributions, which shall be computed at 8% | 9 | | (normal) plus 2% (survivor)
times length of service | 10 | | purchased times the average rate of earnings for the
first | 11 | | 2
years of service with the municipality or participating
| 12 | | instrumentality whose governing body authorizes the | 13 | | service established
plus interest at the effective rate on | 14 | | the date such credits are
established, payable from the | 15 | | date the employee completes the required 2
years of | 16 | | current service to date of payment. In no case shall more | 17 | | than
120 months of creditable service be granted under | 18 | | this provision.
| 19 | | 7. For retroactive service: Any employee who could | 20 | | have but did not
elect to become a participating employee, | 21 | | or who should have been a
participant in the Municipal | 22 | | Public Utilities Annuity and Benefit Fund
before that fund | 23 | | was superseded, may receive creditable service for the
| 24 | | period of service not to exceed 50 months; however, a | 25 | | current or former
elected or appointed official of a | 26 | | participating municipality may establish credit under this |
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| 1 | | paragraph 7 for more than 50
months of service as an | 2 | | official of that municipality, if the excess over 50 | 3 | | months is approved by resolution of the
governing body of | 4 | | the affected municipality filed with
the Fund before | 5 | | January 1, 2002.
| 6 | | Any employee who is a
participating employee on or | 7 | | after September 24, 1981 and who was
excluded from | 8 | | participation by the age restrictions removed by Public | 9 | | Act
82-596 may receive creditable service for the period, | 10 | | on or after January
1, 1979, excluded by the age | 11 | | restriction and, in addition, if the governing
body of the | 12 | | participating municipality or participating | 13 | | instrumentality elects
to allow creditable service for all | 14 | | employees excluded by the age restriction
prior to January | 15 | | 1, 1979, for service during the period prior to that date
| 16 | | excluded by the age restriction. Any employee who was | 17 | | excluded from
participation by the age restriction removed | 18 | | by Public Act 82-596 and who is
not a participating | 19 | | employee on or after September 24, 1981 may receive
| 20 | | creditable service for service after January 1,
1979. | 21 | | Creditable service under this paragraph
shall be granted | 22 | | upon payment of the employee contributions
which would | 23 | | have been required had he participated, with interest at | 24 | | the
effective rate for each year from the end of the period | 25 | | of service
established to date of payment.
| 26 | | 8. For accumulated unused sick leave: A participating |
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| 1 | | employee who is
applying for a retirement annuity shall be | 2 | | entitled to creditable service
for that portion of the | 3 | | employee's accumulated unused sick leave
for which payment | 4 | | is not received, as follows:
| 5 | | a. Sick leave days shall be limited to those | 6 | | accumulated under a sick
leave plan established by a | 7 | | participating municipality or participating
| 8 | | instrumentality which is available to all employees or | 9 | | a class of employees.
| 10 | | b. Except as provided in item b-1, only sick leave | 11 | | days accumulated with a participating municipality or
| 12 | | participating instrumentality with which the employee | 13 | | was in service within
60 days of the effective date of | 14 | | his retirement annuity shall be credited;
If the | 15 | | employee was in service with more than one employer | 16 | | during this
period only the sick leave days with the | 17 | | employer with which the employee
has the greatest | 18 | | number of unpaid sick leave days shall be considered.
| 19 | | b-1. If the employee was in the service of more | 20 | | than one employer as defined in item (2) of paragraph | 21 | | (a) of subsection (A) of Section 7-132, then the sick | 22 | | leave days from all such employers shall be credited, | 23 | | as long as the creditable service attributed to those | 24 | | sick leave days does not exceed the limitation in item | 25 | | d of this paragraph 8. If the employee was in the | 26 | | service of more than one employer described in |
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| 1 | | paragraph (c) of subsection (B) of Section 7-132 on or | 2 | | after the effective date of this amendatory Act of the | 3 | | 101st General Assembly, then the sick leave days from | 4 | | all such employers, except for employers from which | 5 | | the employee terminated service before the effective | 6 | | date of this amendatory Act of the 101st General | 7 | | Assembly, shall be credited, as long as the creditable | 8 | | service attributed to those sick leave days does not | 9 | | exceed the limitation in item d of this paragraph 8. In | 10 | | calculating the creditable service under this item | 11 | | b-1, the sick leave days from the last employer shall | 12 | | be considered first, then the remaining sick leave | 13 | | days shall be considered until there are no more days | 14 | | or the maximum creditable sick leave threshold under | 15 | | item d of this paragraph 8 has been reached. | 16 | | c. The creditable service granted shall be | 17 | | considered solely for the
purpose of computing the | 18 | | amount of the retirement annuity and shall not be
used | 19 | | to establish any minimum service period required by | 20 | | any provision of the
Illinois Pension Code, the | 21 | | effective date of the retirement annuity, or the
final | 22 | | rate of earnings.
| 23 | | d. The creditable service shall be at the rate of | 24 | | 1/20 of a month for
each full sick day, provided that | 25 | | no more than 12 months may be credited
under this | 26 | | subdivision 8.
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| 1 | | e. Employee contributions shall not be required | 2 | | for creditable service
under this subdivision 8.
| 3 | | f. Each participating municipality and | 4 | | participating instrumentality
with which an employee | 5 | | has service within 60 days of the effective date of
his | 6 | | retirement annuity shall certify to the board the | 7 | | number of accumulated
unpaid sick leave days credited | 8 | | to the employee at the time of termination
of service.
| 9 | | 9. For service transferred from another system: | 10 | | Credits and
creditable service shall be granted for | 11 | | service under Article 4, 5, 8, 14,
or 16 of this Act, to | 12 | | any active member of this Fund, and to any
inactive member | 13 | | who has been a county sheriff, upon
transfer of such | 14 | | credits pursuant to Section 4-108.3, 5-235,
8-226.7,
| 15 | | 14-105.6, or 16-131.4, and payment by the member of the | 16 | | amount by
which (1) the employer and employee | 17 | | contributions that would have been required
if he had | 18 | | participated in this Fund as a sheriff's law enforcement | 19 | | employee
during the period for which credit is
being | 20 | | transferred, plus interest thereon at the effective rate | 21 | | for each
year, compounded annually, from the date of | 22 | | termination of the service for
which credit is being | 23 | | transferred to the date of payment, exceeds (2) the
amount | 24 | | actually transferred to the Fund.
Such transferred service | 25 | | shall be deemed to be service as a sheriff's law
| 26 | | enforcement employee for the purposes of Section 7-142.1.
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| 1 | | 10. (Blank).
| 2 | | 11. For service transferred from an Article 3 system | 3 | | under Section 3-110.3: Credits and creditable service | 4 | | shall be granted for service under Article 3 of this Act as | 5 | | provided in Section 3-110.3, to any active member of this | 6 | | Fund, upon transfer of such credits pursuant to Section | 7 | | 3-110.3. If the board determines that the amount | 8 | | transferred is less than the true cost to the Fund of | 9 | | allowing that creditable service to be established, then | 10 | | in order to establish that creditable service, the member | 11 | | must pay to the Fund an additional contribution equal to | 12 | | the difference, as determined by the board in accordance | 13 | | with the rules and procedures adopted under this | 14 | | paragraph. If the member does not make the full additional | 15 | | payment as required by this paragraph prior to termination | 16 | | of his participation with that employer, then his or her | 17 | | creditable service shall be reduced by an amount equal to | 18 | | the difference between the amount transferred under | 19 | | Section 3-110.3, including any payments made by the member | 20 | | under this paragraph prior to termination, and the true | 21 | | cost to the Fund of allowing that creditable service to be | 22 | | established, as determined by the board in accordance with | 23 | | the rules and procedures adopted under this paragraph. | 24 | | The board shall establish by rule the manner of making | 25 | | the calculation required under this paragraph 11, taking | 26 | | into account the appropriate actuarial assumptions; the |
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| 1 | | member's service, age, and salary history, and any other | 2 | | factors that the board determines to be relevant. | 3 | | 12. For omitted service: Any employee who was employed | 4 | | by a participating employer in a position that required | 5 | | participation, but who was not enrolled in the Fund, may | 6 | | establish such credits under the following conditions: | 7 | | a. Application for such credits is received by the | 8 | | Board while the employee is an active participant of | 9 | | the Fund or a reciprocal retirement system. | 10 | | b. Eligibility for participation and earnings are | 11 | | verified by the Authorized Agent of the participating | 12 | | employer for which the service was rendered. | 13 | | Creditable service under this paragraph shall be | 14 | | granted upon payment of the employee contributions that | 15 | | would have been required had he participated, which shall | 16 | | be calculated by the Fund using the member contribution | 17 | | rate in effect during the period that the service was | 18 | | rendered. | 19 | | 13. For service transferred under Section 7-139.1a. | 20 | | (b) Creditable service - amount:
| 21 | | 1. One month of creditable service
shall be allowed | 22 | | for each month for which a participating employee made
| 23 | | contributions as required under Section 7-173, or for | 24 | | which creditable
service is otherwise granted hereunder. | 25 | | Not more than 1 month of
service shall be credited and | 26 | | counted for 1 calendar month, and not more
than 1 year of |
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| 1 | | service shall be credited and counted for any calendar
| 2 | | year. A calendar month means a nominal month beginning on | 3 | | the first day
thereof, and a calendar year means a year | 4 | | beginning January 1 and ending
December 31.
| 5 | | 2. A seasonal employee shall be given 12 months of | 6 | | creditable
service if he renders the number of months of | 7 | | service normally required
by the position in a 12-month | 8 | | period and he remains in service for the
entire 12-month | 9 | | period. Otherwise a fractional year of service in the
| 10 | | number of months of service rendered shall be credited.
| 11 | | 3. An intermittent employee shall be given creditable | 12 | | service for
only those months in which a contribution is | 13 | | made under Section 7-173.
| 14 | | (c) No application for correction of credits or creditable | 15 | | service shall
be considered unless the board receives an | 16 | | application for correction while
(1) the applicant is a | 17 | | participating employee and in active employment
with a | 18 | | participating municipality or instrumentality, or (2) while | 19 | | the
applicant is actively participating in a pension fund or | 20 | | retirement
system which is a participating system under the | 21 | | Retirement Systems
Reciprocal Act. A participating employee or | 22 | | other applicant shall not be
entitled to credits or creditable | 23 | | service unless the required employee
contributions are made in | 24 | | a lump sum or in installments made in accordance
with board | 25 | | rule. Payments made to establish service credit under | 26 | | paragraph 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this |
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| 1 | | Section must be received by the Board while the applicant is an | 2 | | active participant in the Fund or a reciprocal retirement | 3 | | system, except that an applicant may make one payment after | 4 | | termination of active participation in the Fund or a | 5 | | reciprocal retirement system. | 6 | | (d) Upon the granting of a retirement, surviving spouse or | 7 | | child
annuity, a death benefit or a separation benefit, on | 8 | | account of any
employee, all individual accumulated credits | 9 | | shall thereupon terminate.
Upon the withdrawal of additional | 10 | | contributions, the credits applicable
thereto shall thereupon | 11 | | terminate. Terminated credits shall not be applied
to increase | 12 | | the benefits any remaining employee would otherwise receive | 13 | | under
this Article.
| 14 | | (Source: P.A. 100-148, eff. 8-18-17; 101-492, eff. 8-23-19.)
| 15 | | (40 ILCS 5/7-139.1a new) | 16 | | Sec. 7-139.1a. Transfer from Article 3. On and after | 17 | | January 1, 2023 but no later than July 1, 2023, a person who is | 18 | | a sheriff's law enforcement employee may elect to transfer up | 19 | | to 10 years of service credit to the Fund. The service shall | 20 | | accrue to the employee with the benefits of service credit | 21 | | that was otherwise earned as service credit under Section | 22 | | 7-142.1. In order to transfer the service credit, the employee | 23 | | must: (1) make a written election for a refund of the employee | 24 | | and employer contributions for the corresponding service | 25 | | credit under Article 3; (2) make a written election to the Fund |
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| 1 | | to purchase an amount of service credit that is not greater | 2 | | than the term of service credited under item (1); and (3) make | 3 | | payment of the amount determined by the Fund to represent the | 4 | | actual costs of the benefits as established by the Fund minus | 5 | | the amounts received from the fund established under Article | 6 | | 3. ".
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