Full Text of SB2356 96th General Assembly
SB2356 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2356
Introduced 2/27/2009, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/7-109.3 |
from Ch. 108 1/2, par. 7-109.3 |
40 ILCS 5/7-142.1 |
from Ch. 108 1/2, par. 7-142.1 |
30 ILCS 805/8.33 new |
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Amends the IMRF Article of the Illinois Pension Code. Changes the definition of "sheriff's law enforcement employee" to include a State's attorney who does not elect or is ineligible to participate in an alternative annuity for county officers and all special investigators employed on a full-time basis in the office of the State's attorney. Limits the provisions to persons employed on or after the effective date of the amendatory Act in such a position. Allows for conversion of employment before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2356 |
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LRB096 08955 AMC 19093 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 7-109.3 and 7-142.1 as follows:
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| (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
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| Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
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| (a) "Sheriff's law enforcement employee" or "SLEP" means:
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| (1) A county sheriff and all deputies, other than | 10 |
| special deputies,
employed on a full time basis in the | 11 |
| office of the sheriff.
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| (2) A person who has elected to participate in this | 13 |
| Fund under Section
3-109.1 of this Code, and who is | 14 |
| employed by a participating municipality
to perform police | 15 |
| duties.
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| (3) A law enforcement officer employed on a full time | 17 |
| basis by a Forest
Preserve District, provided that such | 18 |
| officer shall be deemed a "sheriff's
law enforcement | 19 |
| employee" for the purposes of this Article, and service in
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| that capacity shall be deemed to be service as a sheriff's | 21 |
| law enforcement
employee, only if the board of | 22 |
| commissioners of the District have so
elected by adoption | 23 |
| of an affirmative resolution. Such election, once made,
may |
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SB2356 |
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LRB096 08955 AMC 19093 b |
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| not be rescinded.
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| (4) A person not eligible to participate in a fund | 3 |
| established under
Article 3 of this Code who is employed on | 4 |
| a full-time basis by a
participating municipality or | 5 |
| participating instrumentality to perform
police duties at | 6 |
| an airport, but only if the governing authority of the
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| employer has approved sheriff's law enforcement employee | 8 |
| status for its
airport police employees by adoption of an | 9 |
| affirmative resolution. Such
approval, once given, may not | 10 |
| be rescinded.
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| (5) A State's attorney who does not elect or is | 12 |
| ineligible to participate in an alternative annuity for | 13 |
| county officers under Section 7-145.1 and all special | 14 |
| investigators employed on a full-time basis in the office | 15 |
| of the State's attorney. This paragraph (5) only applies to | 16 |
| a person employed on or after the effective date of this | 17 |
| amendatory Act of the 96th General Assembly in such a | 18 |
| position. | 19 |
| (b) An employee who is a sheriff's law enforcement employee | 20 |
| and is granted
military leave or authorized leave of absence | 21 |
| shall receive service credit in
that capacity. Sheriff's law | 22 |
| enforcement employees shall not be entitled to
out-of-State | 23 |
| service credit under Section 7-139.
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| (Source: P.A. 92-16, eff. 6-28-01.)
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| (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
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| Sec. 7-142.1. Sheriff's law enforcement employees.
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| (a) In lieu of the retirement annuity provided by | 3 |
| subparagraph 1 of
paragraph (a) of Section 7-142:
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| Any sheriff's law enforcement employee who
has 20 or more | 5 |
| years of service in that capacity and who terminates
service | 6 |
| prior to January 1, 1988 shall be entitled at his
option to | 7 |
| receive a monthly retirement annuity for his service as a
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| sheriff's law enforcement employee computed by multiplying 2% | 9 |
| for each year
of such service up to 10 years, 2 1/4% for each | 10 |
| year
of such service above 10 years and up to 20 years, and
2 | 11 |
| 1/2% for each year of such service above
20 years, by his | 12 |
| annual final rate of earnings and dividing by 12.
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| Any sheriff's law enforcement employee who has 20 or more | 14 |
| years of
service in that capacity and who terminates service on | 15 |
| or after January 1,
1988 and before July 1, 2004 shall be | 16 |
| entitled at his option to receive
a monthly retirement
annuity | 17 |
| for his service as a sheriff's law enforcement employee | 18 |
| computed by
multiplying 2.5% for each year of such service up | 19 |
| to 20 years, 2% for each
year of such service above 20 years | 20 |
| and up to 30 years, and 1% for each
year of such service above | 21 |
| 30 years, by his annual final rate of earnings
and dividing by | 22 |
| 12.
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| Any sheriff's law enforcement employee who has 20 or more | 24 |
| years of
service in that capacity and who terminates service on | 25 |
| or after July 1,
2004 shall be entitled at his or her option to | 26 |
| receive a monthly retirement
annuity for service as a sheriff's |
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LRB096 08955 AMC 19093 b |
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| law enforcement employee computed by
multiplying 2.5% for each | 2 |
| year of such service by his annual final rate of
earnings and | 3 |
| dividing by 12.
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| If a sheriff's law enforcement employee has service in any | 5 |
| other
capacity, his retirement annuity for service as a | 6 |
| sheriff's law enforcement
employee may be computed under this | 7 |
| Section and the retirement annuity for
his other service under | 8 |
| Section 7-142.
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| In no case shall the total monthly retirement annuity for | 10 |
| persons who retire before July 1, 2004 exceed 75% of the
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| monthly final rate of earnings. In no case shall the total | 12 |
| monthly retirement annuity for persons who retire on or after | 13 |
| July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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| (b) Whenever continued group insurance coverage is elected | 15 |
| in accordance
with the provisions of Section 367h of the | 16 |
| Illinois Insurance Code, as now
or hereafter amended, the total | 17 |
| monthly premium for such continued group
insurance coverage or | 18 |
| such portion thereof as is not paid
by the municipality shall, | 19 |
| upon request of the person electing such
continued group | 20 |
| insurance coverage, be deducted from any monthly pension
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| benefit otherwise payable to such person pursuant to this | 22 |
| Section, to be
remitted by the Fund to the insurance company
or | 23 |
| other entity providing the group insurance coverage.
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| (c) A sheriff's law enforcement employee who has service in | 25 |
| any other
capacity may convert up to 10 years of that service | 26 |
| into service as a sheriff's
law enforcement employee by paying |
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| to the Fund an amount equal to (1) the
additional employee | 2 |
| contribution required under Section 7-173.1, plus (2) the | 3 |
| additional employer contribution required under Section 7-172, | 4 |
| plus (3) interest on items (1) and (2) at the
prescribed rate | 5 |
| from the date of the service to the date of payment.
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| (d) The changes to subsections (a) and (b) of this Section | 7 |
| made by this amendatory Act of the 94th General Assembly apply | 8 |
| only to persons in service on or after July 1, 2004. In the | 9 |
| case of such a person who begins to receive a retirement | 10 |
| annuity before the effective date of this amendatory Act of the | 11 |
| 94th General Assembly, the annuity shall be recalculated | 12 |
| prospectively to reflect those changes, with the resulting | 13 |
| increase beginning to accrue on the first annuity payment date | 14 |
| following the effective date of this amendatory Act.
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| (a) A person who is employed in a position described in | 16 |
| paragraph (5) of Section 7-109.3 may convert his or her | 17 |
| creditable service for
such employment before the effective | 18 |
| date of this amendatory Act of the 96th General Assembly into | 19 |
| creditable service as a sheriff's law enforcement employee by | 20 |
| applying in writing to the System within 6 months after the | 21 |
| effective date of this amendatory Act and paying
to the System | 22 |
| the additional contributions required of sheriff's law | 23 |
| enforcement employees under Section 7-173.1 for the period of | 24 |
| service being established. | 25 |
| (Source: P.A. 94-712, eff. 6-1-06 .)
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| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.33 as follows: | 3 |
| (30 ILCS 805/8.33 new) | 4 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this Act, no reimbursement by the State is required for the | 6 |
| implementation of any mandate created by this amendatory Act of | 7 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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