Illinois General Assembly - Full Text of HB4209
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Full Text of HB4209  102nd General Assembly

HB4209sam002 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 4/7/2022

 

 


 

 


 
10200HB4209sam002LRB102 20423 RPS 38949 a

1
AMENDMENT TO HOUSE BILL 4209

2    AMENDMENT NO. ______. Amend House Bill 4209 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing 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,
82009, a person may transfer to a fund established under this
9Article up to 8 years of creditable service accumulated under
10Article 7 of this Code upon payment to the fund of an amount to
11be determined by the board, equal to (i) the difference
12between the amount of employee and employer contributions
13transferred to the fund under Section 7-139.11 and the amounts
14that would have been contributed had such contributions been
15made at the rates applicable to an employee under this
16Article, plus (ii) interest thereon at the actuarially assumed

 

 

10200HB4209sam002- 2 -LRB102 20423 RPS 38949 a

1rate, compounded annually, from the date of service to the
2date of payment.
3    No later than September 30, 2023 6 months after the
4effective date of this amendatory Act of the 102nd General
5Assembly, a person may transfer to a fund established under
6this Article creditable service accumulated under Article 7 of
7this Code for service as a sheriff's law enforcement employee,
8person employed by a participating municipality to perform
9police duties, or law enforcement officer employed on a
10full-time basis by a forest preserve district, or person
11employed by a participating municipality or instrumentality to
12perform administrative duties related to law enforcement upon
13payment to the fund of an amount to be determined by the board,
14equal to (i) the difference between the amount of employee and
15employer contributions transferred to the fund under Section
167-139.14 and the amounts that would have been contributed had
17such contributions been made at the rates applicable to an
18employee under this Article, plus (ii) interest thereon at the
19actuarially assumed rate, compounded annually, from the date
20of 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
25effective date of this amendatory Act of the 102nd General

 

 

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1Assembly, an active member of a pension fund established under
2Article 3 of this Code may apply for transfer to that Article 3
3pension fund of his or her credits and creditable service
4accumulated in this Fund for service as a sheriff's law
5enforcement employee, person employed by a participating
6municipality to perform police duties, or law enforcement
7officer employed on a full-time basis by a forest preserve
8district, or person employed by a participating municipality
9or instrumentality to perform administrative duties related to
10law enforcement. The creditable service shall be transferred
11only upon payment by this Fund to such Article 3 pension fund
12of 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
21under this Section shall terminate on the date of transfer.
22    (b) Notwithstanding any other provision of this Code, any
23person applying to transfer service under this Section may
24reinstate credits and creditable service terminated upon
25receipt of a separation benefit by paying to the Fund the
26amount of the separation benefit plus interest thereon at the

 

 

10200HB4209sam002- 4 -LRB102 20423 RPS 38949 a

1actuarially assumed rate of interest to the date of payment.
2Such payment must be made within 60 90 days after notification
3by 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
6Section 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
9June 30, 2023, a person may irrevocably apply under Section
1015-134.4 to transfer to a fund established under this Article
11creditable service accumulated under Article 15 of this Code
12for service as a police officer upon payment to the fund of an
13amount, to be determined by the board, equal to (i) the
14difference between the amount of employee and employer
15contributions transferred to the fund under Section 15-134.4
16and the amounts that would have been contributed had such
17contributions been made at the rates applicable to an employee
18under this Article, plus (ii) interest thereon at the
19actuarially assumed rate, compounded annually, from the date
20of 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
23Article 3 pension fund, the Article 5 Pension Fund, or the

 

 

10200HB4209sam002- 5 -LRB102 20423 RPS 38949 a

1Article 14 System.
2    (a) An active member of the Pension Fund established under
3Article 5 of this Code may apply, not later than January 1,
41990, to transfer his or her credits and creditable service
5accumulated under this System for service with the City
6Colleges of Chicago teaching in the Criminal Justice Program,
7to the Article 5 Fund. Such credits and creditable service
8shall be transferred forthwith.
9    Payment by this System to the Article 5 Fund shall be made
10at 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).
17Participation in this System with respect to such credits
18shall terminate on the date of transfer.
19    (b) Any active member of the State Employees' Retirement
20System who is a State policeman, an investigator for the
21Secretary of State, or a conservation police officer, and who
22is not a participating employee in this System, may apply for
23transfer of some or all of his or her creditable service
24accumulated in this System for service as a police officer to
25the State Employees' Retirement System in accordance with
26Section 14-110. The creditable service shall be transferred

 

 

10200HB4209sam002- 6 -LRB102 20423 RPS 38949 a

1only upon payment by this System to the State Employees'
2Retirement 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.
12Participation in this System as to any credits transferred
13under this Section shall terminate on the date of transfer.
14    (c) Any person applying to transfer service under
15subsection (b) may reinstate credits and creditable service
16terminated upon receipt of a refund by paying to the System the
17amount of the refund plus interest thereon at the rate of 6%
18per 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
20pension fund established under Article 3 of this Code who is
21not a participating employee in this System may apply for
22transfer of some or all of his or her creditable service
23accumulated in this System for service as a police officer to
24that Article 3 pension fund in accordance with Section
253-110.13. The creditable service shall be transferred only
26upon payment by this System to that Article 3 pension fund of

 

 

10200HB4209sam002- 7 -LRB102 20423 RPS 38949 a

1an 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
10under this Section shall terminate on the date of transfer.
11    (e) An application to transfer credits and creditable
12service 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
15Sections 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,
182022 but no later than December 1, 2023, a participating
19employee who is actively employed as a sheriff's law
20enforcement employee under Article 7 may make a written
21election to transfer up to 10 years of creditable service from
22a fund established under this Article to the Illinois
23Municipal Retirement Fund established under Article 7. Upon
24receiving a written election by a participant under this

 

 

10200HB4209sam002- 8 -LRB102 20423 RPS 38949 a

1Section, the creditable service shall be transferred to the
2Illinois Municipal Retirement Fund as soon as practicable upon
3payment by the police pension fund to the Illinois Municipal
4Retirement 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).
10Participation in the police pension fund with respect to the
11service to be transferred shall terminate on the date of
12transfer. This Section does not allow reinstatement of credits
13in 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
161, 2022 but no later than January 1, 2023, a participating
17sheriff's law enforcement employee may elect to transfer up to
1810 years of service credit to the Fund as set forth in Section
193-110.14. To establish creditable service under this Section,
20the sheriff's law enforcement employee may elect to do either
21of 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
18fund pursuant to Section 3-110.14, in no event shall the
19service credit established under this Section exceed the
20lesser of 10 years or the actual amount of service credit that
21had been earned in the Article 3 fund. If an amount greater
22than the amount described under paragraph (1) is transferred
23to the Fund, the additional amount shall be credited to the
24account of the sheriff's law enforcement employee's employer.
 
25    Section 90. The State Mandates Act is amended by adding

 

 

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1Section 8.46 as follows:
 
2    (30 ILCS 805/8.46 new)
3    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
48 of this Act, no reimbursement by the State is required for
5the implementation of any mandate created by this amendatory
6Act of the 102nd General Assembly.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law, except that Sections 5 and 10 take effect
9January 1, 2023.".