Full Text of HB4209 102nd General Assembly
HB4209sam002 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 4/7/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4209
| 2 | | AMENDMENT NO. ______. Amend House Bill 4209 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-110.10 and 7-139.14 as follows: | 6 | | (40 ILCS 5/3-110.10)
| 7 | | Sec. 3-110.10. Transfer from Article 7. Until January 1, | 8 | | 2009, a person may transfer to a fund established under this | 9 | | Article up to 8 years of creditable service accumulated under | 10 | | Article 7 of this Code upon payment to the fund of an amount to | 11 | | be determined by
the board, equal to (i) the difference | 12 | | between the amount of
employee and employer contributions | 13 | | transferred to the fund
under Section 7-139.11 and the amounts | 14 | | that would have been contributed had such
contributions been | 15 | | made at the rates applicable to an employee under this | 16 | | Article, plus (ii) interest thereon at the actuarially assumed |
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| 1 | | rate, compounded annually, from the date of service to the
| 2 | | date of payment.
| 3 | | No later than September 30, 2023 6 months after the | 4 | | effective date of this amendatory Act of the 102nd General | 5 | | Assembly , a person may transfer to a fund established under | 6 | | this Article creditable service accumulated under Article 7 of | 7 | | this Code for service as a sheriff's law enforcement employee, | 8 | | person employed by a participating municipality to perform | 9 | | police duties, or law enforcement officer employed on a | 10 | | full-time basis by a forest preserve district , or person | 11 | | employed by a participating municipality or instrumentality to | 12 | | perform administrative duties related to law enforcement upon | 13 | | payment to the fund of an amount to be determined by the board, | 14 | | equal to (i) the difference between the amount of employee and | 15 | | employer contributions transferred to the fund under Section | 16 | | 7-139.14 and the amounts that would have been contributed had | 17 | | such contributions been made at the rates applicable to an | 18 | | employee under this Article, plus (ii) interest thereon at the | 19 | | actuarially assumed rate, compounded annually, from the date | 20 | | of service to the date of payment. | 21 | | (Source: P.A. 102-113, eff. 7-23-21.) | 22 | | (40 ILCS 5/7-139.14) | 23 | | Sec. 7-139.14. Transfer to Article 3 pension fund. | 24 | | (a) No later than June 30, 2023 Within 6 months after the | 25 | | effective date of this amendatory Act of the 102nd General |
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| 1 | | Assembly , an active member of a pension fund established under | 2 | | Article 3 of this Code may apply for transfer to that Article 3 | 3 | | pension fund of his or her credits and creditable service | 4 | | accumulated in this Fund for service as a sheriff's law | 5 | | enforcement employee, person employed by a participating | 6 | | municipality to perform police duties, or law enforcement | 7 | | officer employed on a full-time basis by a forest preserve | 8 | | district , or person employed by a participating municipality | 9 | | or instrumentality to perform administrative duties related to | 10 | | law enforcement . The creditable service shall be transferred | 11 | | only upon payment by this Fund to such Article 3 pension fund | 12 | | of an amount equal to: | 13 | | (1) the amounts accumulated to the credit of the | 14 | | applicant for the service to be transferred, including | 15 | | interest; and | 16 | | (2) an amount representing employer contributions, | 17 | | equal to the total amount determined under item (1); and | 18 | | (3) any interest paid by the applicant to reinstate | 19 | | such service. | 20 | | Participation in this Fund as to any credits transferred | 21 | | under this Section shall terminate on the date of transfer. | 22 | | (b) Notwithstanding any other provision of this Code, any | 23 | | person applying to transfer service under this Section may | 24 | | reinstate credits and creditable service terminated upon | 25 | | receipt of a separation benefit by paying to the Fund the | 26 | | amount of the separation benefit plus interest thereon at the |
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| 1 | | actuarially assumed rate of interest to the date of payment. | 2 | | Such payment must be made within 60 90 days after notification | 3 | | by the Fund of the cost of such reinstatement.
| 4 | | (Source: P.A. 102-113, eff. 7-23-21.) | 5 | | Section 10. The Illinois Pension Code is amended by adding | 6 | | Section 3-110.13 and by changing Section 15-134.4 as follows: | 7 | | (40 ILCS 5/3-110.13 new) | 8 | | Sec. 3-110.13. Transfer from Article 15. No later than | 9 | | June 30, 2023, a person may irrevocably apply under Section | 10 | | 15-134.4 to transfer to a fund established under this Article | 11 | | creditable service accumulated under Article 15 of this Code | 12 | | for service as a police officer upon payment to the fund of an | 13 | | amount, to be determined by the board, equal to (i) the | 14 | | difference between the amount of employee and employer | 15 | | contributions transferred to the fund under Section 15-134.4 | 16 | | and the amounts that would have been contributed had such | 17 | | contributions been made at the rates applicable to an employee | 18 | | under this Article, plus (ii) interest thereon at the | 19 | | actuarially assumed rate, compounded annually, from the date | 20 | | of service to the date of payment.
| 21 | | (40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
| 22 | | Sec. 15-134.4. Transfer of creditable service to an | 23 | | Article 3 pension fund, the
Article 5 Pension Fund , or the |
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| 1 | | Article 14 System.
| 2 | | (a) An active member of the Pension Fund established under | 3 | | Article 5 of this
Code may apply, not later than January 1, | 4 | | 1990, to transfer his or her
credits and creditable service
| 5 | | accumulated under this System for service with the City | 6 | | Colleges of Chicago
teaching in the Criminal Justice Program, | 7 | | to the Article 5 Fund. Such
credits and creditable service | 8 | | shall be transferred forthwith. | 9 | | Payment by this
System to the Article 5 Fund shall be made | 10 | | at the same time and shall
consist of: | 11 | | (1) the amounts credited to the applicant for such | 12 | | service
through employee contributions, including | 13 | | interest, as of the date of
transfer; and | 14 | | (2) employer contributions equal in amount to the | 15 | | accumulated
employee contributions as determined in item | 16 | | (1).
| 17 | | Participation in this
System with respect to such credits | 18 | | shall terminate on the date of transfer.
| 19 | | (b) Any active member of the State Employees' Retirement | 20 | | System who is
a State policeman, an investigator for the | 21 | | Secretary of State, or a conservation police officer , and who | 22 | | is not a participating employee in this System, may apply for | 23 | | transfer of
some or all of his or her creditable service | 24 | | accumulated
in this System for service as a police officer to | 25 | | the State Employees'
Retirement System in accordance with | 26 | | Section 14-110. The creditable service shall be transferred |
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| 1 | | only upon payment
by this System to the State Employees' | 2 | | Retirement System of an amount equal to:
| 3 | | (1) the amounts accumulated to the credit of the | 4 | | applicant for the service to be transferred, including | 5 | | interest, as of the date of transfer , and any interest | 6 | | paid by the applicant to reinstate such service ; and
| 7 | | (2) employer contributions equal in amount to the | 8 | | accumulated
employee contributions as determined in item | 9 | | (1) . ; and
| 10 | | (3) any interest paid by the applicant to reinstate | 11 | | such service.
| 12 | | Participation in this System as to any credits transferred | 13 | | under this
Section shall terminate on the date of transfer.
| 14 | | (c) Any person applying to transfer service under | 15 | | subsection (b) may reinstate credits and
creditable service | 16 | | terminated upon receipt of a refund by paying
to the System the | 17 | | amount of the refund plus interest thereon at the
rate of 6% | 18 | | per year from the date of the refund to the date of payment. | 19 | | (d) No later than June 30, 2023, any active member of a | 20 | | pension fund established under Article 3 of this Code who is | 21 | | not a participating employee in this System may apply for | 22 | | transfer of some or all of his or her creditable service | 23 | | accumulated in this System for service as a police officer to | 24 | | that Article 3 pension fund in accordance with Section | 25 | | 3-110.13. The creditable service shall be transferred only | 26 | | upon payment by this System to that Article 3 pension fund of |
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| 1 | | an amount equal to: | 2 | | (1) the amounts accumulated to the credit of the | 3 | | applicant for the service to be transferred, including | 4 | | interest, as of the date of transfer, and any interest | 5 | | paid by the applicant to reinstate such service; and | 6 | | (2) employer contributions equal in amount to the | 7 | | accumulated employee contributions as determined in item | 8 | | (1). | 9 | | Participation in this System as to any credits transferred | 10 | | under this Section shall terminate on the date of transfer. | 11 | | (e) An application to transfer credits and creditable | 12 | | service under this Section shall be irrevocable. | 13 | | (Source: P.A. 95-530, eff. 8-28-07.)
| 14 | | Section 15. The Illinois Pension Code is amended by adding | 15 | | Sections 3-110.14 and 7-139.1a as follows: | 16 | | (40 ILCS 5/3-110.14 new) | 17 | | Sec. 3-110.14. Transfer to Article 7. On and after July 1, | 18 | | 2022 but no later than December 1, 2023, a participating | 19 | | employee who is actively employed as a sheriff's law | 20 | | enforcement employee under Article 7 may make a written | 21 | | election to transfer up to 10 years of creditable service from | 22 | | a fund established under this Article to the Illinois | 23 | | Municipal Retirement Fund established under Article 7. Upon | 24 | | receiving a written election by a participant under this |
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| 1 | | Section, the creditable service shall be transferred to the | 2 | | Illinois Municipal Retirement Fund as soon as practicable upon | 3 | | payment by the police pension fund to the Illinois Municipal | 4 | | Retirement Fund of an amount equal to: | 5 | | (1) the amounts accumulated to the credit of the | 6 | | applicant on the books of the fund on the date of the | 7 | | transfer; and | 8 | | (2) employer contributions in an amount equal to the | 9 | | amount determined under paragraph (1). | 10 | | Participation in the police pension fund with respect to the | 11 | | service to be transferred shall terminate on the date of | 12 | | transfer. This Section does not allow reinstatement of credits | 13 | | in this Article that were previously forfeited. | 14 | | (40 ILCS 5/7-139.1a new) | 15 | | Sec. 7-139.1a. Transfer from Article 3. On and after July | 16 | | 1, 2022 but no later than January 1, 2023, a participating | 17 | | sheriff's law enforcement employee may elect to transfer up to | 18 | | 10 years of service credit to the Fund as set forth in Section | 19 | | 3-110.14. To establish creditable service under this Section, | 20 | | the sheriff's law enforcement employee may elect to do either | 21 | | of the following: | 22 | | (1) pay to the Fund an amount to be determined by the | 23 | | Board, equal to (i) the difference between the amount of | 24 | | employee and employer contributions transferred to the | 25 | | Fund under Section 3-110.14 and the amounts that would |
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| 1 | | have been contributed had such contributions been made at | 2 | | the rates applicable to a sheriff's law enforcement | 3 | | employee under this Article, plus (ii) interest thereon at | 4 | | the actuarially assumed rate, compounded annually, from | 5 | | the date of service to the date of payment; or | 6 | | (2) have the amount of his or her creditable service | 7 | | established under this Section reduced by an amount | 8 | | corresponding to the amount by which (i) the employer and | 9 | | employee contributions that would have been required if he | 10 | | or she had participated in the Fund as a sheriff's law | 11 | | enforcement employee during the period for which credit is | 12 | | being transferred, plus interest thereon at the | 13 | | actuarially assumed rate, compounded annually, from the | 14 | | date of termination of the service for which credit is | 15 | | being transferred to the date of payment, exceeds (ii) the | 16 | | amount actually transferred to the Fund. | 17 | | Notwithstanding the amount transferred by the Article 3 | 18 | | fund pursuant to Section 3-110.14, in no event shall the | 19 | | service credit established under this Section exceed the | 20 | | lesser of 10 years or the actual amount of service credit that | 21 | | had been earned in the Article 3 fund. If an amount greater | 22 | | than the amount described under paragraph (1) is transferred | 23 | | to the Fund, the additional amount shall be credited to the | 24 | | account of the sheriff's law enforcement employee's employer. | 25 | | Section 90. The State Mandates Act is amended by adding |
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| 1 | | Section 8.46 as follows: | 2 | | (30 ILCS 805/8.46 new) | 3 | | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | 4 | | 8 of this Act, no reimbursement by the State is required for | 5 | | the implementation of any mandate created by this amendatory | 6 | | Act of the 102nd General Assembly.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law, except that Sections 5 and 10 take effect | 9 | | January 1, 2023.".
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